Bohn v. Salt Lake City

(disssenting).

I dissent.

The theory on which the writ should be denied may be briefly stated. The city has by delegation from the state plenary power to construct, maintain, and repair sewers. No limitations have been placed upon this power by the state. In the construction of this storm sewer the city acts in its capacity as an employer or proprietor and in such capacity may impose conditions as to the methods to be employed, the hours of labor, the character of the employees as to being citizens and residents, and the manner in which the work is to be done. In other words, the city may do…