Show MAHLER mm ITS SECOND DEFEAT IN COUNCIL considerable warmth Is developed between promoter and of the council J C nye Is elected mayor pro tern from standard the meeting of the city council last evening was a remarkable one in many ways especially in the history of the mahler franchise proposition which came back from the law committee with a special amendment that the limit of the franchise be made efty instead ol 01 one hundred years it looked for a time as though this would settle the question favorably to mr mahler but the disappointment to those who had entertained these hopes came when the vote was taken in the first place a lengthy committee meeting was held in the mayors office previous to the body assembling in public session it was later brought out that this meeting was tor the purpose of dealing with the question ja the franchise on athla account it was 9 when the public session was opened the first matter that came before the body from the law committee was the amendment changing the limit of the franchise as abaye stated this amendment was adopted on motion of mr chambers when the franchise came up for ita third reading mr chambers moved i that it pass after which the roll call on the vot was commenced mr carr voted no to start with mr chambers and mr cragg followed with votes in favor of its passage and when mr Davidson fi name was called he took the floor and asked permission to explain his vote he said that he aaa originally intended to vote in favor of a efty year franchise but that the applicant had stated repeatedly that they would not accept it tor that length of time he said that they had decided in the committee meeting that the measure was to come before the body with the year clause attached for its approval 01 defeat he stated that notwithstanding all this mr mahler had now come before the body with just the thing that he had stated all along that ha would not accept and for that reason he would vote NO it was plain to be seen that mr mahler was much perturbed over the statement made by the councilman and he roe and asked permission to explain his position on the matter he was asked by president carr to alt until the vote had been taken the matter but mr mahler wanted to speak and this privilege was granted him upon motion of hr chambers mr mahler stated that the councilman who had just spoken had told a large number of people that he would vote tor the franchise it it was tor a period of lose than years but said he 1 I am not surprised at the stand that gentleman takes in the matter he explained that he had come before the body with a business proposition in a business way that this business was a legitimate ons that he bad been patient in the matter and sought to secure that which he had asked for in an honest way he de the jact that he had made abe amendment that had been offered and explained that the committee had suggested the change after the conference in the committee meeting and he had concurred in the mattar he called upon mr chambers to verify the statement mr carr then took occasion to ask him if be had not repeatedly stated that he would accept nothing but a year franchise to this question mr mahler answered in the affirmative but he continued 1 I have th ngat to change my mind conditions have changed that warrants me in making this change and I 1 have the right to change my mind the same as any one else you he said addressing president carr voted previously for the with the year limit clause and now you vote against the franchise which la as fair as it could be mads a 50 year limit you changed your mind which you had a perfect right to do and 1 claim the same right mr randalls jamef was called and that gentleman also took the floor to explain his vote he said that when the first application tor a franchise from mr mahler came before the body and was killed that the same night the identical application was renewed he pleaded ignorance as to what the present application which was a substitute tor the original con tanned he haa understood that the limit would still be years and he had paid no attention to the matter he thought that when an ordinance as important as the present one came beto rethe body the councilmen should be furnished with a copy that they closely scrutinize it in this instance it bad not been done and as be had not paid any attention to the matter he was not prepared to vole on the matter 1 I suggest cried mr mahler springing to his feet that on this account the matter be laid over tor another week you are entirely out of order mr mahler said president carr continue with the roll call mr recorder thae conclusion of the roll call show edar emnot voting in favor of the franchise and moyes paine randall and williams voting no thlu left the vote 3 ayes and 6 noes and the motion was declared lost 1 later mr cham rs moved that the to advanced by aichler when the application was filed as required by capr ba refunded to that gentleman this motion was carried by a unanimous vote mr mahler was seen by a reporter for this paper immediately after tho council session aud stated 1 I sue ia bringing out the tact that the limit question had nothing whatever W do alth the matter of granting my but that there were othar brought to bear on the question quest lon aside from this point ift be was prepared to leave ogden without the franchise after he had spent about two years in the sta tand go back among his people he would not state what his future action would b on the matter of building the unea with ogden cut oft stating that bis plans for the future were undecided previous to the question of the pass ing of the ordinance a petition was read from a large number of business men of the city praying for the granting of the franchise A separate petition came J S lewis co all of which were ordered filed at the opening of the session the following communication from the mayor was read gentlemen 1 I respectfully submit herewith the appointment of judge J A howell MIB wilhelmina Wilhelm lna kiesel and mrs jennie nelson as members ot the carnegie afee library board andlee fully ask your confirmation for the term of three 1 I also wish to advise you that I 1 leave this evening for portland oregon where I 1 expect to remain for about thred weeks and 1 respectfully ask that a mayor pro tem be elected to serve during my absence all of which Is respectfully submitted WM GLASMANN mayor mr randall moved that the appoint j ments be confirmed which motion pro availed the matter of selecting a mayor pro tem was them taken up mr chambers wis nominated by mn da eldson but that gentleman declined for personal reasons and nominated mr randall mr randall declined the honor on account of not having the necessary theand on account of leaving the alty temporarily this week ar then nominated sir nye and the motion prevailed after which mr nye thanked the body for the honor conferred upon him and stated that he woultz serve as mayor pro tem an application tor a franchise to build a spur track across wall avenue between alff streets on wall avenue was received from the boyle furniture Furni fure company this Is to give this company an bp por tunit to de liver the necessary material to the site of their large warehouse which will be located at tha point on motion of mr chambers tha matter was referred lo 10 the street committee the city engineer reported having received bids for the construction of the extension to sewer district no 10 a follows altz man and wheelwright brothers 43 ori motion dt mr davidson the report was adopted ana the con tract for the work awarded to wheelwright brothers they being the lowest bidders the matter of bids for the resurfacing at street between grant and avenues was then taken up and it that the only bid was that of P J moran of salt laap bid was on ot mr williams the bid was awarded to that gentleman the of appointed tor the purpose of receiving complaints in regard to iha special tax levy for the different improvement work reported that no complaints had been received although they had met as per the published notice recommending that the tax be confirmed and the city treasurer instructed to proceed with the collection or the same the rec was adopted by the council afa claims committee presented claims aggregating the amount of and a warrant was ordered drawn tor thai amount on motion ot mr changers Cha ohp street committee recommended that concrete waterways with wooden covers be constructed on both the east and west sides ot washington avenue at the intersection of street and that af all other places the repairing and of wooden ones on motion the was adopted the buildings ana grounds committee recommended that tha use of lester parl be granted to the modern goodmen woodmen of america tor one night each week anat on saturdays for tho purpose of drilling providing that the pavilion was safe the recommendation w as adopted W P hayman co applied for a retail for street at the place formerly owned by J H movers reared the application was granted on motion ot mr davedson Dav ldson under the heading of farst reading of ordinances an ordinance for tho curbing and gu of ditth street from washington to Jet ferson avenue to be known ag no 20 at a focal of was passed and under a suspension of the rules the same passed its second reading the ordinance for the creation of ex tension no 3 to curbing and guttering district no 1 l bring street from monroe to jackson passed its third reading the total cost involved belag city engineer reported that protests had been received against the proposed bulldis of cement sidewalks on street between wall and madison avenues on motion of mr chambers the engineer was instructed to draw up an ordinance covering tho levying of tax elp fo r the work the sanitary inspector reported two cases of scarlet fever now in quarantine tao pound platter reported re 43 head of stock 41 of which bad been redeemed the receipts of the atter vera both reports were ordered filed A petition was receive from J W etal for artia 0 th irrigation ditch on grant avenue that bad been destroyed by the curbing r and on monon tho malar effs referred to the street com cittee water question goes over tile special vatar committee ot which mr davedson Dav ldson is the chairman stated that they were unable at this time to render a report due to the fact that ibe engineer bad been unable to report on the matter request tor a further continuance of the matter was made and granted hence the bater question goes over for two weeks longer A W brown presented a communication calling the councils attention to section C article 11 of the state constitution ution and protesting against ohp grantin a franchise or any water rights to be sold leased or alienated on motion of mr williams the same was referred to the law committee mr chambers stated that inasmuch as this was the month tor the levy of the tax for 1905 he would move that the matter of segregating the levy be referred to the tax committee the motion prevailed mr davedson Dav ldson called attention to the death of the lae judge thomas D dee and entered a motion that the council attend tho funeral tn a body the motion was carried by a anani vote mr cragg a notice of intention for creating a curbing and guttering district on washington avenue from street to the ogden river bridge at a total cost of on motion ot mr randall the same was ordered published mr randall succeeded in getting a motion through awarding the contract for the building ot stone at the front of the police station to J P onell mr williams brought up the matter a tha contractors building the ne federal building having enclosed one of the water cranes within the fence put up by them at and grant and stated that tor several days they have not been able to tise the crane ho said that it was necessary on this account to the to haul th water a great distance which should not be there was considerable discussion on the subject after mr emnett stated that be had met with bul i little satisfaction when he had approached pro ached the contractors on roaster and after the city attorney ih aa rendered an opinion in the matter the was referred to the water committee who will make the necessary arrangements whereby the city will have the use of the crane the matter of having the poles on street moved task to permit of a SS toot strict was after considerable discussion referred to council roen from the third ward the city engineer was instructed tl notify the contractor to complete tha stork of curbing and guttering the west side of madiga avenue between and streets on motion of mr davedson Dav ldson council adjourned for two weeks PEAR OF WAR LIFTED FROM FRANCE AND GERMANY international congress to settle moroccan question will be held but with safeguards 0 o france paris july 10 premier announcement in the chamber of deputies today of the terras of agreement between france and germany concerning morocco brings a deep sense of relief to the entire country after many weeks of tension which many persons believed involved the possibilities of war the text of the three notes fully confirms the general impression relative to the lines 0 the negotiations germanas germanys Germ anys contention for a conference receives the final adherence of france but has secured taft safeguards which he Insisted at tha preliminary conference with prince von madolin Ra dolin the most important af these safeguards is that the confer ence shall not convey prejudice to the anglo french or franco spanish en while germany does not spec assent to these agreements she formally withholds dissent ahlis Is considered an important gain fo france over the position germany heretofore occupied and as both the anglo french and franco spanish en recognize frances privileged position in morocco france emerged from ane negotiations with this privileged position intact both countries agree as to the sovereignty of the sultan the independence of morocco and the open doors this has always been the policy of both governments so neither can claim victory in this respect at the same time it gives a new lease of existence to morocco and appears to put an end to the prospective fall of the sultans tottering empire and its division among the european powers on the other hand the agreement recognizes frances special interest in the country due to the geographical proximity of algiers and its right thereby to polica the and maintain peace and order it till remains for the sultan to arrange the program for the conference officials say this will not be an easy tack as the franco german treaty so fully circumscribes cum scribes the conference that it will be difficult to find questions remain ing open for determination it is polled out that sultan of Mo position is weakened by the negotiations as he will no longer have depre of the various powers pleading for favor since the entire question relating to morocco Is now practically taken out of his hands tor determination elsewhere following premier presentation of the notes to the chamber of deputies efforts were made to him in the premises these however were not pressed the feeling being generally in favor of supporting the premiers adjournment of the matter the newspapers with few exceptions exams satisfaction that the transact i alon has terminated and consider premier secured an admirable result when the difficulty of the negotiations tiati ons is considered reward the readers of this paper will bo pleased to learn that there Is at least one dreaded disease that science has been able to cura in all its stages and that is catarrh halls catarrh cure Is the only positive curo now known to the medical fraternity catarrh being a constitutional disease requires a constitutional treatment halls catarrh cure Is taken internally acting directly upon the blood and mucous surfaces of the system thereby destroying the foundation of the disease and giving the patient strength |