The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1889-09-11

At the adjourned meeting Of Council, Friday
evening. all the members were present except
ing MIR. Merits. At the preceding Monday
evening session, an adjournment was made to
Friday evening for the purpose of considering
the results of the intervening negotiations be-
tween the city representatives and those of the
Electric Light Co. in reference to sale of the
company's plant to the city. The result of that
meeting is given in another column of the Press
After protracted discussion of the subject.
Council seems to be unable to determine the le-
gal status of the matter to its satisfaction. The
first ard m 1st important proposition to be con-
sidered was the one presented by the Electric
Light Co. to the effect that the three years
written agreement between the city and itself
is valid legal contract. binding the city TO
continue the present lighting of its streets from
the company Tor that space of time.
Second. this claim being conceded. are the
Council compelled to take more than 80 arc,
from the company. the original number sp' ci-
fled in the contract. The city has at present IS
in use. The Mayor and Clerk thought not, but
Solicitor Cole was firmly of the opinion that in
as much as the contract provided for the Ger
tain use of 30. with the privilege on the part of
the city, to increase that number whenever it
saw fit and in view of the city having eXercis-
ed its option by adding lights to the circuit
it would be held to continue the use of the orig
| inal number, and whatever additionS may have
been made by it in pursuance Of the contract
clause above mentioned Ths contract was
mutual the company held itself in readiness
| to increase the number of lights whenever the
Council required it to do 60. and actually did so
| in obedience 10 Councils orders thereby in
curing additional expenditure which it was
not rea enable to suppose would have been
made under any other cons strucrion of the cuE-
tract In other words, the privslege was one
| which. if exercised would have reference To
| the balance of time for which the contract was
to run. as no other construction would seem
reasonable or even probably legal The Solici-
| tor then rehearsed the opinion OF judge Rufus
| P. Ranney in regard to the validity of the con-
| tract.
His views were given long time before the
| Lima case was decided by the Circuit Court OF
Allen county. mentioned exclusively in the
| Press of August 81, and were in exact confor
nifty to those embodied in that decis The
Court holds that Sec z7O2. r. S. oil Ohio, prohiL-
Ting Councils from anticipating money lol
public expenditures applies only in cases Of
contemplated Improvements and not in cases Of
necessary appropriations for lunning expenses
such as street lighting &c. 1t further decide:
that contract entered into between a Gas
although it fails to secure to the city Council
the right to purchase the gas plant.' 1t held:
further that parties under such contract ac
quiIe vested rights. ordinance repeating
the contract ordinai ce is void and of no tore.
effect" By Il resent statute. electric lgh
} companies are IN ade legally Identical with ga
companies SO this decision would seem 10 hay,
a direct bearing on the case here.
On the other hand. the clause in the contrac
between our Council and the Electric Light Co.
giving the right to the city to purchase til
. plant at cost price. would seem to indicate
light on the part OF the Council TO exercise tina
privilege either before or liter the three yea
limit. with intention Of making the pur
7 chase at once for at the end of three years, tn
value OF the plant may be, and is very likely t
be much less than at present. Council though
it best to obtain further light on the suhjeC
before taking any definite action. but al
, unanimously opposed to paying $1s,u0Q Tor t.
!. roasrty, Adjourned,