Show L MA MAYOR fOR THOMPSON IS o ON RECORD l COUNCILMEN i OVERPAID r Ruled Against Their Increasing Their Own Salary or That of Between Time of Election and md Time f I 4 i. i of Taking Office I t I 11 J I ARE AHE UP UP AGAINST AI IT VERDICT OF LAV IA T Tribunes Tribune's Weak Proposal That Prosecution M May ay y Be Avoided fy Returning Burning Money Illegally Hy Acquired Is Not Taken F 1 Seriously by Perspiring Officials f J ZT r r r I. I 1 t I d r Dee cc J 18 H f rf 1 To Jn III the Ihl Cil Ie City Council Gentlemen 1 I I han hu ae this Ibis cia signed I daj an revising ie Ic and iiI com coni- compiling I piling the lie o ordinances of Kail Salt City Utah Under the Ihl laws s of this liLs Mate stati I cannot elo O any HI I particular hu section or fH sections of a n compilation Hun tion of or ordinances similar to In I tho one uno o paved tl It hout loin the lie i ICi ic ic- cof c- c i i Mon of a n whole lioI h le Salt Snit I ikc Clr City Is Is absolutely nIJ in Ii need o of r re 01 or ordinances in compart The lon which you Ou Jm have ha just completed com coin Is II to In o lute Into effect da go ten clars after tHe Tho The proposed cI ICi IC rc- AKed i el ordinances pro among other matters nn un increase of salaries of offices of Silt Salt e City CHy B n the he terms of the lie re- re AKIon blon I this his Increase of t is J made applicable to In Iio Iho those officers elected the crt at nL last Jast election This is J. an nn error errOl which von jour honorable bod hotly should take to to correct Section 22 J JJ aJ J Z the bc I Hc Statutes of Utah Idalin to lo this subject reads us as fol fol- rf IJ I 1 11 or of r any m l citi hall t-hall I i receive such compensation as us mo may ho bo ll ed 1 h by c hut but the lie com pen n Nil Ji lOll Ion of u any of oI such officers not lint I be IC ld or 01 diminished to 10 lit la lw JO effeL during the time for fOl which J such MICh off leer l or Ill II appoint ed cd An iii Hilary after ne lie hll hub been eleCted l heiller lie hc lias lins quail quail- lied lii or m n not fbi cannot be lie or diminished during the die term for Cor hl which h he lu IS elected This question llon un decided h by Iy our om Supreme court COon some time hue n ago io o. o The rue ca case cao o mo arose c II In O Ogden city ell Mr 1 t was fleeted elected city Justice Justice- of the lie pence peace of oC O Ogden clr city After isis his election the Ute city council attempted by II ordinance lo 10 o reduce his salary y The matter Cr CrI I- I was RS finally f h by the Supreme court of Utah that an un I salary y could not nol bo Ix changed Litter after he lie u was liS its elected so o as liS is to his com com- I j ir his term I II It were c not lIot fu for r HIP hl UIt urgent Ii nt of or r the rc I revised cd ordinances I 4 I Jm c i tIC the c- c i lon H out flit J I JJ particularly CItI fl 11 llio ilio J tf hz a. a I a 1 I 1 t JmJ I t I. I lId U j A r II i l Ml Hf au Vai J f f c v ff w yas M rw t L I THOMPSON Major I I 0 J I d i Jr J f v 1 fh rhey y arc up Il I It Is the vor- vor 01 diet of ot and others familiar With yiti l it the char e made against A A. A J. J pa la pl president and four fOUl other mcm- mcm 4 liers of or the Sal Sait L Lake City council Tho o scramble crambo through Jhc the records I. I T. T I J. J which still sUll continues yesterday developed de dc- ille- ille eloped man many additional facts which J throw lu w new JJ light hl on the ral rate case an and 4 c- c conclusively ely that there never as was a r. r time Ime from the passage a e of or th the city salary sal sal- r ar ary ordinance in 1 1897 17 7 to the hc city X Uon in 1905 when a a. city councilman L las a legally ally entitled to draw money ft from the ell city treasury for fOl services sOr rendered on the board hoard of ot equalization i of water rates Th The Thc councilmen elect elect- if cIl l last fall all who are arc on the waterworks i j j j committee will be legally legan entitled to tov v compensation for services rendered I this year veal I The Thc Ih charge that PJ President Davis D. j 4 and anil Councilmen Martin lulUn Fornstrom e I ruel and tool took money 11 II- 4 I legally from tho the city will stick sUch and tho unco that th they y are in fair fairI rii I w way y n of being deprived of nf their seats po 3 1 in hi fh the council still un goc gocs 1 j Major o on oh Hc tL I I Ir Mayor Exra Esra Thompson now au an J S. S 1003 Republican ReI Re Re- I American but In 1 1002 antI and a r I. I publican elL city executive Ih Is on record I I against t the lh e e councilmen councilman n who an arp r 1 now W under charges of if violating written to the city J law In If a letter 7 J 1003 1 lOa council counell on l Dec c c. 18 18 Thompson on touched upon the point now flow In Jn In controversy and ruled against councilman Inn increasing own salary salI sala salary sal- sal of or UCC the salary a ary 1 or II lion clef lIon and the of I Un time het ell of or taking Unless Amerlean Amerlean Amer- Amer 2 have C changed lean party pi Wi still on record the thc Is mind mayor hl his all alt f and the tho 11 live against I this In violate the law Jaw ethers who ho way out Councilmen who have l boon been en pattI pate treasury for or services ren- ren of the tHy CItY of f board of equalization on the tl lh draWn n the money U- U rates C there never nover was wai until J galiy because such ch them 1 03 nn an granting 5 The rhe 1 1817 ordinanCes not for nr it it and tho ho ret oluf IS provision In passed S Inn tion f Y ordinance tT day was waN not an nn rr for fell 3 l i a who voted for to I. I that S lh The rue councilmen to lo receive money for forIt forIt forit who wore the law and ancI calab- calab Lab Lab- violated it open openly which has I dent an Hl been huen followed for fL years yeara SS Paid All 11 li lint hut One Yc Veal'S Veal m S succeeding enl the thc With each the of S anel was mone inquireS inquire trouble to I c validitY of the tho payment S Int the tho nl I an Auditor r. r Formel or of the thc moneY and andS andis S payment lion to th thi- thi authority that the S his II Is stated staled upon the r S foi or service on In InS onO one year Issued l ure not was warne warned el that the council was not e S of the tho n o payment warnS Warn warn- mayor r the S Coming from froin the have car can lee Iel u S III ng ordinarilY seemingly and not noL s 5 wel weIght ht but It acceptance of or the therefore the In 1 and andS moneY by bv the councilmen S waS as all the mob maIo waterworks cl 11 the The Tho boals In council council- 5 show the tue names mimes or of r tiiT were r the thc ain and J I lulen rom frolli the by 11 r Heel 1101 with rho fhe to 1 05 the tho worked ef S I force amounts all thc these e t If before to portion iii 01 only a had been paid warrants but A.'s As have hac beer beel the ll 1 warrants for or 1 f found Tho round found the h Igna 1905 have been Martin Tu ut tures or of Davis an and attached One I or two oth other r receipted pay tolls prior prioro I Ito to o l 1001 1901 OI have ha been found and It Is expected that the complete list will be he checked up today to a Illegal nl Until This Year Granting that the thc councilmen were paid from 1898 to 1905 as they were credited by the water works department depart depart- ment and ancI assuming that their payment pay pay- ment was Illegal luring during that time lime the city has paid 1600 1100 Illegally IlIe aJl In oven s ai for tOl the equalization of oC water vator rates The water rates rate s must be equalized equal equal- the claims and protests heard o ant and n adjusted and ami It requires time and labor on UI part of the councilmen to whom are arc assigned assignee the tho task They earn aton their lr money but the thc law says S 'S they shall not have it and not until the compilation of or the ordinances In 1903 1003 was aN it il ma made o legally possible for COI councilmen to draw the money However However How How- ever that ordinance providing a 3 compensation c could not noL under the law luw affect the who were ted in the fall of or 1903 ane and who took ook omco in January 19 1904 M Hence rH ra c councilmen councilman from 1818 to 1905 1915 has Continued on nn P. P I Two T MAYOR THO 1 IS ON RECORDS RECORD I S OVERPAID S Continued From oin Paso Page I H e One Omie been entitled un under el tho time law Jaw to draw I mone money for service on the board unless un un- un- un less Jess ho Imo was elected eJected last Jai v aS o Fl In d. 11 5 Of tho the five who havo have thus titus taken laken money Illegally from flom the city i the amounts are arc divided as follows follows fol fol- 01 lows A. A J. J Davis American J I. I Y L. L D. D Martin American 2 21 I F. F S. S Fern om Democrat 45 15 W. W r. J. J Tuddenham denham Democrat J. J II I. I Republican 18 iS 18 Thu The rest of ot the time 1050 was wa distributed among amonE members mem mem- hers bers of or water boards boar s of or other yearns sonic some of or whom are arc dead ded and nd all ni of or whom are now out of oC the tIme council counci Mr lr Fernstrom selve served on omm time the water vater board lw In 1898 and amid 1899 Mr 11 Davis has been on the board every even year year- ta from rom 1900 to the present time an and Is on tho water board for 1906 1907 lie He will wi not be entitled to draw pay for services ices rendered on that lint board this this- year because ho is now serving serving- a four four cr terra term which began in 1904 I. Mr h Fernstrom was wa re-elected re last fan fall and would be entitled to draw man money y for service on on the board this year Peculiarly enough he ime is not noton noton noton on time the board Mr Ir Martin is on the tho board this year car but like Mr r. r Davis Dvis will 1 not lie entitled to compensation I Councilmen Mulvey ODonnell O'Donnell anti arc are the tho other three chance members members mem mem- I bers of the waterworks committee The following table gleaned from fron the records s In the waterworks department depart ment shows what lave tave b been en cIelle credited with wih money from 1908 1005 to lo 1905 inclusive J mm I by Isy Councilman Councilman- 1108 Days AnaL Anil- Amt John Joint Allen Anen 2 CO COJohn O John SO Q GO Chrls Christopher opher Diehl 2 20 ci CO F. F Sv Fernstrom 1 1 1 3 Robert S Patrick lS IS 54 S 'S t tW W 1533 1593 John Allen Alien H 3 39 3 John 13 3 1 29 Chris Dehl 13 39 ill n Robert Robort Patrick 1 3 13 39 I F. F S. S Fernstrom 4 12 S I 1100 nO t A. A J. J Davis 18 18 15 i 1 George Canning 1 5 51 J. J Georgc J. J Thomas Thoma 5 1 15 W. W J. J Tu f 11 17 61 51 C. C n. n 7 t S 12 S 15 S 1 r 1001 A. A J. J Davis 4 1 12 George Canning Canning 1 10 30 C. C Cr R. R Howe Canning 0 I 12 30 t W. W J J. p 1 II 11 4 43 13 J. J J. J Thomas j 1 3 I 5 5 5 1 5 r 1902 I A. A J. J D Davis ls 11 11 S 33 F. F J. J tt G 5 S IS 1 Henry Arnold 7 21 7 W. W J. J fi Tuddenham 9 27 I 9 1 A. A J. J Davis 1 3 IS 18 F. F J. J Hewlett Ilc 3 9 0 Henry Arnold Arnod 5 13 15 W. W v. v CI J J. Tuddenham 4 12 S I I 1 I k fJ t vb j 21 iv J m L' L l I IF F. F S. S Fernstrom n J Jl i 2 2 C tj L. L f. f 8 D. D Martin 1 I 1 J 1 12 J. J II i 1 87 19 1903 A. A J. J Davis 5 15 15 Y W r J 9 27 J F. F S. S l S 8 24 2 L. L D. D S Martin erl 4 1 12 J. J L II JI S 8 21 Note ote These figures have been taken laken from the pay of time the waterworks waterworks water water- works department anti and aOI not all al of them with the tho re receipted re- re have hn been chucked up wih warrants in iii tIme the auditors auditor's ollice records have not because the complete o yet been found However et it I is boJec be- be lie hosed e that all but one year rear has been pall paid Je c Former Formel Auditor Riser says mays he lie refused reused to is issue Isue sue one year car I Tribunes Tribune's 11 Peculiar Defense At least five the councilmen n and a number number num nina ber ben of politicians arc are greatly cathy greaty worried over the time exposure of or the te Illegal metho methods meth moth o s of taking mon money from oni tho time cl city treasury treasur The fhe Tribune and Herald Heral have taken up a defense of the accused because two of oC them are arc Americans and amid two Iwo of oC them th m are Democrats Demo Demo- Tho The fifth councilman accused is ht a Republican and amid no ne effort has been made to shield him hint in iii the time exposure of the If I he is as guilty as the time re rest t he ho will wi get et what is dealt deal out outto outto outto to time the rest resL Time The law Is quite cIullo plain plain- filed which anti and if complaints are arc fe seems likely ley there them will wi be bo no imo ance amace of oC a proposition to return tho Ito money as suggested by the or or- gan when it I says gays If I q tho the who havo have drawn flits this money moncy were not miot entitled to it i. i the they may be he called caled upon to return It H. That is all there Is to the time matter mater The amount of money me illegally al ta taken taken ta- ta ken Ien by b the tho is not great but the time violation of the time law is just a as glaring ng as s If Ir it had entered into lute the thc thousands Instead of hundreds of del dol lars Jars A Salt Lake has prepared prepared pre pre- pared a statement of the tho legal phase of tho the proposition as follows I. I gil IJ of t The constitution tide nm-tide 21 21 section 1 1 reads reads- All AJ states stales districts cities cUes counties town and ani ald school s r cx- cx notaries boards of arbitration court commissioners Justices of or time tho peace aim and constables shall be bo paid r anI and definite salaries TIme Tho ho Revised Statutes Statute IhS 18 section 2 reads as follows All Al officers ot of any city shall receive such sueh compensation as os may be by ordinance but the compensation of or un tiny uny such sueh officers shall huU not bo Increased or om diminished to lo take effect eec during th time for Cot which any orce officer was elected or appointed ted Time The he revised ot ordinances of the time city of or ort t 2 a UR to salaries of or officers chapter 38 30 3 pace pace- a says Councilmen 1260 pc per 1 year t additional for each Roh special meeting and anti 5 35 1 per week for fOl committee work work Sept 11 ii I 1897 1 an un ordinance as to salaries salaries sal sal- aries of city city officers was passed by th the city council which contained this provision provision pro pro- vision liach member of the city ely counci council coun coun- cil ci In full rul for all aU official services U p per r annum one and re resolutions In conflict were d. This ordinance was vetoed ve ye- toed by the lie mayor Sept 21 2 1397 1 amidon and amid andon andon on Sept 25 2 1597 18 was passed over o the mayors mayor's veto und and duly auly published There has haR bt been n no other ordinance m passed by the tue city council counci with reference reference refer refer- reer- reer ence to the salaries of or councIlmen from that time until the revised ordinances were passed which went In Into to effect Sept 23 21 2 1103 10 and section Ml of ot chapter 10 provides for such compensation It I will wi be noted that these revised ed ordinances ordinance went Into effect Dec 25 2193 1903 after fter the him election electon of ot the officers who entered upon their office January 1901 Supreme Court Curt Upon It The supreme court of this state has line passed upon what Is meant by the time provision provision pro pro- vision of tho time revised statutes above abovementioned abovementioned mentioned namely section 2 In two cases namely vs VI Ogden City 57 1 Pacific report and od vs VB Mayor Pacific 1110 In the former case caRe the plaintiff was elected Justice of the time peace Nov o 2 2 1807 1897 Ills Ils term tem of or office to begin in Jan 3 3 1803 1503 At the tho time f c-f o his election election th time the sal salary r fixed by or- or Nov 4 1831 1591 was 1000 0 a year On Dec 20 r 1807 1837 after oCer his election electon an ordinance was passed paRed to |