, 1876-11-28
Now Before Judge Drttmnonl
for Acknowledgements
OF Il. i. Aycr.
The Union Elevator Wants the Burling-
ton Railroad Enjoined from
Severlng Connections.
A Spiritual Lecturer Wants $40, 900 for
Being Called q Frec.Lovcr.
New Suits, judgments, Bank
ruptcy Matters, Etc.

~, r"na m h"toro yn,,"" 1,r,,ro, ro.tor,ian
., W, saas pIo - .'ne II, :, n.a
morning. aiessFs. H. !. aver anu ". u toudy
Counsel Anthony and Mcssrs. SWEET and Frost
far TIM c,tv.
Mr. f1o,,,1v, ot tim oncnirp n, thc court a.act,
W. oouu'' w wv ot.n " An' eoa''' 'ASA'0
To this Nj. Anthony ssFcn,,ously objected, on
the ground tlut II was contrary to tllo usual
nrncitre. Tint 1,o hn,, nat had an onnortno,tv IN
rad tha,n. n,,l thol ,nnnoinnn, l,o1 "ttcn,r,c1
to answcr the city's answer, md gain an unfair
advantage.
Mr. swctt thought that II the atIllavits wcrc
a,,owcd N yo IN . 1or1c o,nonnt ~ .,troocous
mattcr would 70 be- Introduced, % witch would result
In eo'nplicating tho ease
Mr.. Aver then gavo synopsis Of tho contents
Of tho now ali.iayIts TO show that ttey wero not
Introduced to on,rovert tl,e ansvcr. hnt nm
ant1ouuseu W son''p'est ,.1 ,, a''S"ef' ou' aup'
port tho allegations OK the ohf: -.
judge Drummond said he had always been
very liberal in allowing tho Introduction Of afIl-
vlavlts. lie would in tho present case let the
Mr. Anthony, and then give him reasonable
tfmo to answer them II lie desired. a similar
p1iyege ~, Evt ;o, to eoMpniat n rsgar4 to
read, abstracts Of which have heretofore been
published Ill TAE TI1auNE.
\ large numbcr OF atlldavits .wcfn also read
BY both parties. On tho part Of THO complain
ants we're the atlldavtts Of Henry W. Zlmner-
tnarl, showing that annual appropriations siucc
16Gy had been maue by tho city for tho payment
OF tho Wcst-S!de gus BILLS; OF John n. thinner
man, showing ths number q Kas;,lan,ps and
A. NJ. Billings, 10 show the damage that would
result to tlin Company from thu termination OF
tho contract; Of Willard Woodland, q former
sr So o. ese e9eeted C2as fre Tine ie" e te as
In tho West Division were erected ut tile instance
nt pcrsous along thc strects, who wanted
them, and not Of the gas co'npany; Of John
Dean, TO support tho allegations ot tla bill in
Q! james X. Thompson, to provo that II had
been the practice, Id making contracts for dverB
improvements extending over year, to mako
annual appropriations for the portion Of tho
work to bo done III that year.
On the part Of tho defendant wcrc read tho
afAdaEits pf John A. Farwell, City Comptroller,
stating that 1t was extremely improbable that
the Tho!e tax-lcVy for gns purposes would be
gea ts x ' as M' a fa ss ss o ssp RSlp,
to lgt che Vest Division with gas L, possible; Of
T. II. Bailey, to tho eiTcgt that thure arc connec-
tions nada between mains and lamps,
and all crcctsona Of lainp-posts were
paid for by special asscssments; OF
II. ]. Joncs to the same effect;
Of W. II. Carter, showing that la1np-posts aud
connections with tho mains were paid for by spe-
cfat assessments, and faiItng that out Of tt.eecn
loss or condensation Of gAs wil result from tho
dsconnectton Of tho mains With tic lamp-posts.
recess Of about On hour was then lad.
In Tho afternoon Mr. Aver made the opening
tIcuarly the question Of tho legality q tho ten
vcarcotltrnet bctWocnt the Peoples Light and
Coke Company and the city, running from Oc-
tobcr, 1859, to October, 1870 Tho contract was
Of 50 per 1,GO0 feet, all tio Ras needed
by tue city III tho West Division to burn IN tho
strcct-lanips and public Offices ana buildings Of
the city along tho lines Of tic gus msalile Of tho
Company IL the West Dlytsion., The chief OBJ.
lection to the contract was tllat tho Common
Council had no power to mako provalon for
lighting the streets and public buildings Tor so
long Time, and that Its resolution authorizing
the Mayor aud Comptroller to enter into It was,
slr. AYer argued that the power Of municipal
corporations included not only those Granted to
them expressly BY the Legislature, but also all
such ~ werc necessarily Incident to those spocI-
their corporate existence. Among the
implied powers was authority to enter Into
all contracts necessary to the propcr
sxs5ss Of any ewes n ~, conferred espe,s
rssrction al contssss sias made NJ i IL 'is1 iafttei
anco of tic corporate objects wcsc as valid ns
tl!s lawful contracts Of private corporations or
persons, The charter at the city expressly pro.
Sidcl for lighting the city and for levyInE . tax
Of two mills annually to meet hueh expense,
The possar Tor lighting public otllces and build
ines, though not expressly given, was no lcss
effectively granted by necessary implication,
The nlcans Iy which ali thjs thnr1G IL sr.n,n
plshcd was, however, left 10 tiis diserction Of
tho Common Council, AMI its honest dcciston
was final. The contract in question wis oTe-
cutcl In tile c1ereiso Of suci, discretion. The
Gas Company wus, at tbs time, the
only corporation whlcl. could furnish eas In
the West Division, nt,d Is 80 stIll. A nIan caso
VI abuse must DO shown to authorize court to
declare void the notion Of muuIeipal BODY
within the scopo Of lis corporata m,wsrs. TL11
nrcscnt confirmed WAS corfsssctliv v.ilh ,r IT,
nrnnsr. md cnu rot In invnin III ~ ,,iu ,ts
knnd,1.a' ~ II, H. oa.%tn ~ ~ s'u1l!y
o9aan ;ir tA3 oMecsa nau efet
essel ttG!l ulseFctton III uesEllhE t'e length OF
sas!o II sn2nau nii sonine. u'less that line waa
~ ~ sue1'pe ~ ". eIus!uesna 10y !IteEeas ot the
~ a ~ taa ctfc't'sstanees q tne eAe, 20 Is
~ ~ niin isaGu' maa Mho,iy intnatefsal 70
x sIIu fa'.t ~ % ~ eoastaet "ethes u Was toc1'
Prirn Pir,,n :" a,,,,,.s ut.r W 1"e,s5 ei..5 icats:
ING Argument IT. ti'at = contract % tor more than d
yut, Woata " ,ns veia tao Gonnon Couasil o.