The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1890-01-23
The Electric Light

The Electric Light.
The case of the electric light
company against the city of Wah-
peton came off before Judge Rose
this week, occupying two or three
days time. An attorney named
DeSell of st. Paul, S. II. Snyder
and Judge Gray appearing for the
plaintiff. and Mr.. Purcell being ill,
Mr.. McCumber took care of the
clty's interests in t4e suit. The
suit is brought to recover pay for
the month of last May, the city
having resisted its payment on the
ground that the plant was unlaw-
fully put into Wahpeton. in that it
was a debt and that it exceeded the
limitation Of Indebtedness allowed
by law. four per centum of the city's,
valuation, or $2S,OOO, while the
Indebtedness of the city already
reached more than $4,000.
But the plaintiffs set up the
argument that this lighting con-
tract is not debt, but simply a
plan to exchange revenue. for light
as the light be furnished and the
revenue of the city be earned by
the company, the same us any nee
cessary running expense connected
with the municipality. 1t is con-
tended that for instance, when IL
city at the beginning of a fiscal
year and at the time the annual
budget is to be made up anticipat-
ing the coming yearly expenditures,
it might indeed provide for such
improvement and put it in, escaping
the usual bonding system, and even
escaping the necessity Of putting
the question to a vote of the people.
On the other hand the defendant
shows that in the present case, the
ordinance, if it may be termed such,
was not passed us provided by law,
a week intervening between the
first and second reading. but was
rushed through at it's first reading
And that in the second place the
council made no provision, what
ever, for the expenditure at the
commencement of the fiscal year in
which the contract was made and
the expense thrown upon the city,
it being in fact, sonic ten months
after the contract that fiscal year
commenced and the council made
the necessary annual provision of
$500 for lighting purposes. In
other words the council took funds
appropriated for other purposes and
paid them for light, having failed
to anticipate and provide for the
lighting, which is all contrary to.
law, under all and any circum-
stances, even should the court hold
that the contract did not impose an
Indebtedness upon the city, running
through a period Of q years. And
then again Mr.. McCumber claimed
that there is no law permitting
such an extraordinary contract
without at least q vote of the
people.
Mr.. Snyder read great array Of
authorities to show that such con-
tract did not contemplate nor I'M
pose an Indebtedness upon city.
While Mr.. McCumber read endless
authorities showing that authori ties
did hold such transactions as in
debtedness against a municipality.
And so the fight waged back and
forth, the authorities, apparently,
being decidedly contradictory.
The judge gave the greatest pos
sible attention to the case, and ask
ing for transcript and the law
points of the attorneys, respectively,
took the case under advisement,
promising to ren,.er a decision as
soon as possible, looking into it
evenings and mornings, till he
could render such decision as he
thought would stand in u higher
court, acknowledging that it was an
intricate and knotty problem of