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Show HOMER'S PAVING CASE NOW OUT OF COURT Salt Lake, Julv 26. Judge T D Lewis, in the Third district court yesterday dismissed the action brought by Thomas Homer, taxpayer, against tho city commissioners to restrain re-strain them from awarding the contracts con-tracts for paving extensions 7S. 79 and SO to G. A Heman, the St. Louis contractor, con-tractor, who was the low bidder for the work. In the decision, which was given orally, Judge Lewis said there was no unfair dealing on the part of the city commissioners, according to the evidence, nor was there any evidence even of any improper conduct on the part of Assistant City Engineer John Duder, much less any evidence of fraudulent collusion with Contractor Heman. Both allegation had been made by Homer in his suit, which at its in-ceDtion, in-ceDtion, lie avers, was begun solely to compel the city commission to use Utah materials for Salt Lake street paving. Later, however, when such action was taken by the city commission, com-mission, and wholly without effort on the part of Homer, the latter filed his suit and obtained a temporary restraining re-straining order on the ground of wrongful tabulation of the bids and other alleged Improper conduct on the part of Engineer Duder. The city commissioners will next Monday night formally approvo the bonds furnished by Mr. Heman for the faithful performancse of the work. |
