Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-10-11

tsHfs, with gas for the purpose Of affording light
for the term Of f'eenfy years:" provided that
nothing in the act should be so construed ss 20
grant The Company the exclusive privilege of
furnishing sold city with gas for the purposes
named. tHt#
The sixth section authorizes the city 20 con-
tract with the Company. for the furnishing of
gas to Ugh, the streets. engine houses. narket
houses, or any other public places or buildings
BY an ordinance Of ihs Cts Council o. the %
of March, 1851. the Company. under certain re-
sirieiion'. vas invested with me exclusive priv
lege. tor the tern Of kltsea years from the date
OF the ordinance. " using the streets. lanes al
leYs and pubs gIogEds vi said civ. for The puT-
pose OF LAYING down pipes for The eonveyanes Of
gas, IN and through the city Tor the use Of said
eity aud 10 inhabitants
he question 10 which sny attention hs~ been
called 81 this time Is. whether OF Dot under The
act OF the Legislature add the ordinance of the
CRY Council, and the user ct the Company for
may years past. there will remain o the Com
pany. Al The expiration Of the fifteen years from
'ue h.s' OF march, 1881, any corporate rights
and. ANY, what lhose rights would be!
In answering the inquiry /, must not be over
looked that the purpose Of the act a. well =. the
purposes OF the ordinance. is two fold. Firm.
tse hghtipg OF the City Of IndianaEolis. or its
streets, Ae., aud Second. the furnishing of its IN
hdbaanfs with sac. and. keeping in mind
this distinction and applying the second yyoriso
OF the set, il essentially qualities the yst ororiso
IN one important particular. in this that by II
the Company are expressly denied the ssclHsips
privilege OF furnishing the city with gas. Wills,
by the first proviso, the grant is 1.-The privilege
OF supplying no, only The city bat the inhabitants
for the term Of twenty years"
Ny construction of the ftitu,e. therefore. IA
that the Common Council having not only con.
sented TO the measure Of having the cifs aa9 40
streefs, etc, lighted by the COMPANY under q
contract or contracts. II could be done TO the
satisfaction OF the p1Ities. reserying at the same
time the right to resort the other means 10 ac-
corpsh the object. If necessary. but having
made no such reservation jor he inkaJifanfs then
the rag ht OF the Company 20 supply the iahsJi-
sants, Tor TIE term OF treRty gears, is perfect and
exclusive, not" outstanding the ordinance profes-
ses To hmis the grant 10 fifteen wears from the
passage of the ordnance
The limitation however extended did " no
Wise impair the grsut by the Legislature la SC
far as the ordinance may be vie wetias eoutracI
with the city and n far conc ems the police
regulations ihern prescribed. il l. OF course ob
ligstory but no further NoEKtsnx
Indianapolis O:i ,. 1865
Ii viii be seen that a distinction j. taken b..
tween the city anu It's iuhabitsIt- aid That AZ !,
Claimed thai The proyiso IN the charter . 291
Local Las. isal .seadng ih.s. " P,ori9,i thai
nothing ia !his act shall be 80 construed - 1.
gran. 10 said Gds-ighi aud Coke Company too
clarise privilege OF furnishing said city with
Ga. tor The purposes wthia named by negatiy.
ing the exclusive right of furnishing said cify
anr norizss the inference of an implied exclusiv.
privilege OF furnishing citizens. and that that
exclusive FIivllege continues Gniil then charter
from the Legislature expires IA 1871
The Committee are ~ opinion Oh Il the word,
city and inhabitants srs merely cumulative aud
synonymous
The opinion also holds lhaI the charter being
for twonty years, tile city could rot ylace an,
limit upon tie lime So , . 296. provides
that but before digging or commencing opera.
tons the sai1 corporation hereby created shall
hrsi give notice g., aud obtsin conseLt OF, me
said city for that purpose: sid couseni. wher
obtained. shall be bin:iag
This Is clearly intended 20 anu dld reserve .C
the city the right to render their charter nuga-
tory by Withholding It's consent; aud hence ths
higher right and prerosatlye 10 entirely withhold
our consent embraced within It. the lesser righi
TO consent With qualifications sDd ccuGai0ns
The city gave a quAlGsi consent - to lime
viz: fifteen years
The opinion admis that The gtan. OF The cty i.
n contract, and is binding just so far IS suits The
loss 10 see why il hot valid Ia the rt.tfcIion as Ia
time how il can be in any other The Charter
does nOi reserve the right 10 the civ 10 impose
one condition or qualification more than another
III that conoition is lot binding, we have con
troll over them. That condition j. one Of the
plsinest provision. Of the grant One of the
great rules FOR the construction o. contracts is:
hat DID the contracting parties meant' Whist,
then, did they mean in this CASEY Clearly the
FaIf ~
lor fifteen years end 10 more We think 10
one ever dreamed until lately, Of any other con-
struction.
II was not the intention OF the Legislature TO
force this Company upon US. They made it.
night 10 commence operations dependent upon
our consent We did not intend 10 give our con
sent for longer than fifteen years az " A. well IN
derstood b! all parties, and is apparent upon the
face OF the grant
In the grant the city reserved the right - re-
peal the sane, perhaps, however, dependant uoUn
Gil would he the judge.
The city has FOX long time been payhx more
for street lamps than the contract rhe con-
tract Is, that they shall furnish to the sal:
city such quantity as may be req uired
by the City Council for the public lamps At a
price not exceeding what is now or mag hereafter
te PAID 6y the city Of Cincinnati for gas iqM for
similar purposes" We pay the Company 500
per lamp per year, Tor moon time, aud in Oincin-
natl for years they havs only been paying s2s Der
lamp per year, burning from dark till day light.
or at least double the quantity burned here. and
The Cincinnati Company light. ex,inguieh and
repair while here this is done by the city, co that
We should pay only about $40 per lamp for the
gas, instesd Of 500
Ii would be well d have The mailer invest
gated and ascertiin the amount OF overpavmept.
as IL Is no doubt tue result of mistike and mad
vertince. aud the company will of course cheer
July refund whatever amount seems To- have
been wrongful paid
From the position the COMPANY hss assumed
the legal questions are likely to become import
ant. and We would recommend their reference 10
the CITY Attorney TO examine them aad report
Ia am grant that may be made IL might be
well Tor the city to reserve tie right To buv and
also 10 regulate The price o. setting metres and
the amount of service pipe
Your COMMITTEES thus lay before YOU tue result
OF their Investigations. II has been work of
labor, and Information bad 10 be gathered from
various AID scattered sources Or ain hss bsen
to procure reliable data, and We have made il as
perfect as we could and will gladly receive sug-
sestions, or corrections Of errors which NAV have
occurred IL any
Ar.rls Il Baovs. Committee.
J HENRY kAPPEs.
MASONIC.