St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-16
KIICHLi MARS LIGHT.
Eut Not From the Brush Electric
Light Company.


The legality of the city's ive-year
contract with the Brush Electric Light
company is soon to be tested in the dis
trict court. Joseph kiichli, president of
the city council. began an equity action
eSterday to have the contract declared
illegal, null and void, and that it he SET
aside. The defendants III the action are
the electric light company and the
mayor, city treasurer and comptroller.
whom the complaint seeks 10 enioin
from Issuing, signing or paying anv
warrant to the electric company under
the contract.
Mr.. knchli brings his suit IN the ca
pacity of a private citizen and a tax
payer. The contract which it is sought
to annul was entered into Aug. 6, 1892,
and it provided that the light COMPANY
should furnish 6S5 lamps Tor five wears
at the price of $3.50 for lamps in service
all night AID every night, and S125 for
those lamps regulated by the moon
schedule.
Mr.. Kiichli claims, first, that the five
year contract is Illegal, and that tile ac-
ton of the council i'll making it was I'M
authorized by law. as by the charter the
council Is prevented from creating
any debt or liability against the CITY in
excess OF the amount of revenue actu-
ally levied and appropriated to pay such
Liabilities" The council appropriates
only enough money every fall to light
the city for the coming year. The coll
tention that the contract is illegal is ap-
parently supported by recent decision
handed down by Judge Seagrave Smith,
holding that the five-year contract
with A. j. Boardman for gaso-
line lighting was void, because it
Violated the charter, which, in the opin-
ION of Judge Smith, allows the city to
contract only from year to year. Mr..
kllchlI then gives reasons why the con-
tract with the electric company should
be abandoned. He alleges that the
prlces-Sl5O aud Sl25 per lamp, as before
stated-are very excessive. The charge
OF $50 per lamp for all night and every
night service is 500 in excess of the
necessary cost to the city, and that the
charge OF SI25 a lamp, moon schedule,
Is 500 in excess of what the city ought
to pay. By reason of these excessive
prices, 1t costing the city about $4,000 a
year for its light, and that from Jan. l
to Nov. l of this year the city has paid
$50, 600 more for its light than it should
cost. At the end Of five years, if this
contract should be continued, the city,
so Mr.. kiichH alleges, Will have eX-
pended 100000 in excess of a fair and
reasonable price for its street lighting.
The electric light company has re-
celved all its pay except bill OF Sc, SOL
for light furnished last October. The
complaint asks that the mayor, treas.
urer and comptroller be restrained from
paying any OF this money to the COM
pany. but no temporary injunction is
asked for, and none will be with refer
ence to this bill, which Will be duly
paid. The case is set for the December
term, and the plaintiff will not apply
for any provisional remedies or inter
mediate orders, but will wait for the
decision of the case itself. 1t the court
declares the contract illegal. the city
will begin arrangements to put in an
electric plant OF its own.