| Show THE raup annoti I 1 enli CITY COUNCIL b the ogden a city electric liht light company Coin piny presents a petition ros I 1 city Id in grantins Granting fran thisbe ani and Coat Coa rith say ee to set get hilt acre sore llott electrical talk I 1 tho the city council met last evening I 1 in regular session ees gion with alderman sh iliac lioe in the chair there were present aldermen shilling fell and sad whalen I 1 councilmen council men corey anderson chapman w hank hurlbut and zenner zelmer I 1 L recorder Ke corder mcnutt attorney heywood Uey wood engineer perkins mr porter ju judge dge rhodes and several other gentlemen I 1 I 1 the minutes of last session were read and approved I 1 PETITIONS rET moss P L R rogers john 0 aylor I 1 marshal metcalf and others asked t to 0 bare the office ot of fire warden crea created te d and nod thomas W collins appointed warden committee on fire de department 1 J 8 lawis company asked the i return of unused water license because can as their bWl buildings dings had been burned down committee on water supply 1 the following communication from I 1 t the ogden city electric light company I 1 was read and ved ived with m some uneasiness 4 to the city council of ogden city utah territory your petI petitioner toner the ogden city electric w light company repe cluny represents is r m that u lour petitioner is a OB the day 0 of september 1890 the committee on public works of your body made a report i rt to you r recommending that the offer of go he crize citizens electric light company 1 to light tha the streets of the city be accey accepted led and thereupon said laid report wag was adap ed your petitioner asks that the rote vote by which said sold report was adopted be reconsidered and nd the subject matter thereof the alit lighting h buil of the street be open to compe I 1 n and to be given to the lowest and be I 1 bidder after duo due public notice as a Is I 1 usually U done in regard to other public works and 3 i that the CUT city thill shall determine how many lamp lamps aro are wanted and specify ho he location n at which they hal be placed 1110 anoints the he reason reasons of your petitioner lor for making the foregoing request eit are we as a follow lol loin a first that conr petitioner may ITO have a fat and even chance with other bidden bidders or contra contractors c tors la in regard to securing ald said contract second that the adoption of said report WB a violation of the solemn pledge of the party which placed this city government 0 als elmr ed in power it was claimed and no doubt justly that the former city government was yes feldsh and unjust la in the ilia administration of public aff alro and especially in not snowing allow ln competition in regard to the public works and tho the liberal par party pit pledged aged to the people that a new era would dawn upon this city in the new now government and slid that lattice e equity U IT and anAf almeas control t in n tle all ll 11 of dihe the of the city your pell pett loner claim claims I 1 and believes that this pledge would be til T 0 awe dby the acceptance of chapro the proposition I 1 1 mode 4 01 above bated stated by the carcell car cill I 1 1 electro light company in the he follo following ang particular culan namely that in lit august lot last 6 your petitioner in is advised ad vied the liun sun vapor I 1 company proposed proposed ed to your honorable body that it aou would J 1 I put one hundred naptha lampi lamps on the streets ol 01 the cit city la the cut out tide aide portion port lani of the city at an and for a fled fied price this subject came up for or consid aeration in lh th city council upon the report m of olabe the committee on ri la works recommending men dl the acceptance of 0 f said pro it n but f from to saute cause the matter pos woi as 11 laid d over until a subsequent meeting that at luch such citizens E electric electrio leel I 1 light company appeared and sud a pro oil offering ering to furnish a similar aum gumbei of lamps at a leu less figure to wit one bundred hundred lamps of 20 candle power bac each for a monthly rental of 0 one dollar and eighty cent this proposition wai was likewise referred to the commatee comm ltee on public I 1 works hating learned of this matter and to show we were in the be held the und under e signed petitioner likewise led a proposition lne to furnia the fame same number of lampa lamps with 20 30 candle power 1 each at a monthly rental ol 01 ls per lamp 1 I 1 a figure somewhat lew less than the citizen c company proposed although alta altu ough not knowing what bat was wa 3 wanted with without t any public t a notice otice bein riven given and without any notice i to the ill the citizens electric I 1 I 1 company comport was allowed to change in its nor to an offer offer to furnish from 60 to 60 lampi lamps of a 22 32 candle power each at per lamp limp and 01 4 thus changed it was accepted I 1 V by the com committee mittice and thui thus reported to your I 1 0 body tul this proceeding was wait without public notice and without opportunity tot for competition and your tour petitioner contends was wu not fair or fust just to it or to the I 1 P public bile that la tour your petitioners petition ers proposition the h language 1 SO 30 caudle candle power wa was AL 0 manifest error it was intended to be 22 32 randle audio power as it turu libed no 30 banz candle power v lamps the mistake could have ce been a easily corrected bad had your petitioner been hotl notified fled by any c nicest over the matter of abe power of the lamp it changes were to be allowed byone by one bidder the ZITI privilege lege should have been granted to other b bidders third that as a further reason tor for re ng TOU lo 10 reconsider iolder said vote and to rerun to adopt said mid report your pett petitioner respectfully urges that the adoption of said sold report is contrary OIZ to public policy and in violation of law ism rolley four our petit petitioner oner advised Is lo that the citi citizens ent electrio baht company Is a corporation corp p po which at its was a and nd it ill I 1 presumed now Is owned it mainly by the members of the he city council I 1 and city government ol 01 this his city it at appears ra from the records of the incorporation 1 1 mitt of abe sold said citi citizens electric light company 1 in the office of the probate court of the county of weber and the Tet territory tory of utah I 1 that said aid citizens ll 11 light L company any was created with a limited cal capital of girty thirty I 1 th thousand usand dollar dollars lf divided into i hares of tai dollars each that 1 incorporator thereof appear the names of f Way fred i orators klesel kiesel mayor of this city IV V W 14 hillIng an alderman dennan al of this Cl cit carlina C it IL i hank a councilman thereof a councilman alm ilm an thereof J J W mchutt city I 1 bolg recorder of f the city 0 F city treasurer ot of the cit city an and also th names ol 01 two relatives and c clerks T erks of ur mr klesel that the A total number ot of shares subscribed was bow i and of this number umber 32 the shares subscribed bi bj the abote above named persons arc are s ai si i follows SHA rise 11 mayor 0 r kiesel TO 11 r s a billing 10 bounel I 1 ulan kank in 10 councilman torey cret 4 city recorder mcnutt 20 26 T ar er hlll hill 4 mr 1 I r ak ir clerk 1 I rk 5 ii thre Wre each cach 10 1 0 N I 1 total 68 M the whole number of 0 shares subscribed wax wall ono one thousand and it to a welt and salutary lutary i doctrine 11 ati judge dillon in his hl work on u bips sais ill corporation corporations that he who wh li to e emitted st with the of 1 the can cannot not te be allowed to make such business no brou b t i ot of pecuniary to himself I 1 1 uhlon on municipal tallon lion the time same doctrine 1 Is abato d by 1691 story in story on agency age section cj the supreme court ot of alif omis ayi says that he the law will wilt not permit one on who acu sets in a judiciary rapacity to deal with himself in Min cl individual capacity q ban oan alego vs T 8 D A L A railroad coa COIA pany pan 41 california reports page 1121 in entire accordance with this principle the of 0 ibe the territory of of utah in III an act ell entitled titled an ail mt act providing for or the corporation coro oration ot of cities approved march tin still IQ in referring to 10 fincers of clele enacts tho 0 o officer ahall be directly interested in any contract work or business ot of the city or adf abe I 1 he sailing ellane ot any article the expense ex pene price or con d g ration ot 1 which in ix paid irom from the treasury or bl by any ay iy assessment levied by an in act or of ord moe nor in the purchase haae of any ny real enate or any other pro property igor beloitt belon tt nir S ti the corporation or ant which ball shall be held lor for tue the or assessments by virtue of legal cu at the suit of aid said corporation va ar or other officer of the city lw of utah cwi isa fa caf ge lection section 10 1 I compiled law laws ot 0 pae section in the cae the mayor ayoroa 4 of the city i and cud th ot t the Clil tens teni Kie electric tic dicht 11 h com pany u 1110 11 10 one oe an and d the ame game bindt ut d L in secor dau the therefore ther etore with toe the usual custom to a entering into said contract the tb in each corporation I 1 would have hav to al an the contract and tho thus in order that both bot ta the city in and lb the letl Z ena electric light company should pd properly rl 1 aly enter into aid said contract mr fred F 1 1 KI who to the bead of both cor corpora ctet 1 bonx V would hate have to sign bald contract both h on the part of iba the city and the citizens electric company the cioth city would woul 1 thus act through mr klew kiesel and ahe e aalde id P I 1 electric LIM light lit company would act through mr klesel the very naf which fact bow shows the manifest impropriety boma sow members of the be city cit I 1 council and an city pincers appear both being a 2 inter esteil on a P above anve stated interested on oa th the part of 0 the city aty ai go embira men iberi of the city cit I 1 I 1 r m en t and nd n n 1 l I 1 u ed ai as 0 rv k holders 1 in n I 1 uld i d 1 citizen I taze no electric I 1 llight C company 0 Y T abo mayor tor ol 01 I 1 the city as a A appeared ap peare awni the 0 LK inte roat e in tho ca citizens onis Elec electro trl LI lit eom company and he with the other e official in c ia ig of 0 the S city hold biear r Y three fourth fourt h of the th aboc atoc th tho a a aalde d citizen electria r ll 11 h company m li thug thus a combination and colp corporation 0 X t lor corn com ped ol 01 and controlled aia imort wholly hi b by officers of this abl city and end 1 by mem lem ben 11 of your honorable e body it would teem therefore birou I 1 haoar in view ot the taw law as a stated and la lumaco to parties the ad adoption of t the above ment mentioned ione report of uld rd committee and the gr tin of 0 aid raid r contract to uld aid Ci citizen tiena electa electrio light cam com pany would be b a manifest wrong which can eon aid a id should be righted r gated and rem died by your tour honorable ono ble body IT your ur petitioner e lioner therefore by y re n 0 ot the ia ag lug g d doc moat 0 t a 0 arm that you will re reject i e I 1 a laid id r report c and d order er t the 0 in making g ot of a public I 1 0 hotl notice and call lor for b bid id I 1 in t the matter atter referred to and that you the then accept pt the bid of theowest the lowest west and belt beat b bidder id der of party aud parties responsible an and d co corn to con contract tract all of 0 which li Is res restfully fully submitted MEN CITY ELECTRIC LIGHT CO V M U C SILVA V 11 1 amir war ogden utah NOT mr corey eaid said be owned no stock in tho the company and no one knew it better than th the petitioners petition ers the petition waa was recel rec elvel and referred to the committe works to investigate and report REPORTS the committee on fira fire de department recommended that the ef of the fire depart department in eat bo be elected by ballot report adopted the n names ames of the various a applicants it n 8 were read and ad the airet ali ballot I 1 p proceeded rg with oreon orson riser 2 0 B A anthony 0 11 II W rhodes s 10 mr rhodes having received tho the largest number of votes was declared elected mr snyder askel what had bo tie comerf come of the electric lights over the river they had bad been promised by the fifteenth of 0 october tober and if it was as dark as egypt let yet ua ile stated that poles were being pat OD no everywhere but in his district some little discussion ensued as to which committee the matter bad had been referred the recorder wm ordered to look the report up by next meeting the committee on public buil buildings dinga recommended that the juvenile drum ca corps be allowed to occasionally nee uee lestar wr park pavilion for gratice pr atice report adopted API appropriations wilkinson co go 39 city marchal pay roll 03 street supervisor 55 public grounos grounds hospital ste steward ard 2800 28 00 ma marshal r sundries 1070 10 70 L W tackett kaill 58 1 hospital 70 40 0 C 11 lampert ca 00 city recorder hay 2600 26 00 I 1 freight 48 freight 78 freight on lumber SO 30 bonds phil ford 48 46 00 W winding ine 1 ing city clock 2500 A large number ot of minor bills were presented presents read and referred to the committee on claims y Z C M I 1 presented a petition asking that something bo be done donola in re gard to the electric light poles now baing put on the sidewalks as they were ruining the asphaltum pave ments councilman hurlbut offered a resolution to the effect that the vote taken on the placing ol 01 atles poles on it abe to side walk ba be reckons recons reconsidered i der and that they hereafter bo be placed in the cen centre t r of the street judge rhodes asked to bo be allowed to speak on the matter an said that the ogden city street hillway company intended to put in an electric system and nod that it would greatly benefit them it if tho the matter was dis posed p sed of 0 at once judge presented a resolution res a that hereafter the ogden street railway com company p any place their tracks on the north s side ide of the streets running sast and west and en on the west side of the streets running north and bouth south that the henderson company pany lay their rails on the opposite old side e judge stated that the rea E eon on for t this big resolution waa was that neither company should have any advantage advant aa over the other judge rhodes arose and a said aid that the matter referred to in the resola tion was gasnow now up in the courts and ha be desired that a bearing be given them before a committee alderman said bat that the object was to atop stop this promiscuous promis tilling titling op up of the streets which he considered was unnecessary lie ile bad no ax abo e to grind and bis his were wita both companies mr abodes ith odes said that this ac action tion would have the effect of ng the courts his ilia company bad had done no tearing up of tho t he streets only on twenty fourth and the courts would boon soon decide the matter it the resolution was adopted it would annul the ordinance passed several years ago judge here read the ordinance and asked that the resolution be not adopted until the courts bad had given their decision A little flare vp up took place between judea judge and attorneys rhodes and n but was amicably eil ed sir mr snyder moved aa as aa an amendment in ent that the resolution be reteos id t to a a committee to report at the next meeting alderman snyders motion was carried I 1 alderman whalen moved that the marshal be instructed to stop the undue tearing up of the streets after rome little discussion the matter was laid over tor for one week mr snyder moved that bids to advertise for to furnish one It hundred undred electric lights to the city to be used over the river and that |
