Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-01-05
CITY NEED NOT PAY
For Light Which II Has Never
Received.
MAYOR STUART PUTS HIS VETO
Against Paying in Full fos Tower Ligat-
ing. Whsr- Serious Shortages Haze
Been Found 10 Exlss

Mayor Stuart fled the following veto
with the city clerk late yesterday after
noon:
To the Honorable the Common Coun-
eli Of the City Of Grand Rapids;
Gsntlemen-By virtue Of my once.
hereby suspend the operstlon OF and
veto the resolution and vote OF the
common council. whereby certain re-
port OF the committee on elaine and
accounts presented 10 the common
council at . pubic session OF said
council held December 10. 1899. aud
found OF page LIZ Of the printed re-
cord OF TIE proceedings OF said council,
wzs taken uD and adopted after GER
tasn amendment theretol, and tie
clerk and comptroller were instructed
10 draw an order 80 the Grand Rap.ds
Eise.rlc Ligh. 4 Power company for
the sum of 1881. 50. al . public session
OF .aid council held on Tuesday. Janu-
AIRY ), 1893, for the said reasons:
The Electric Light company mas con-
tracted 10 furnish the city certain
number OF lights OF the standard 1000
candle power, for which the city has
agreed TO pay a certain amount OF
money. The city wants good Light and
- wiling 10 alloy for II, and II satis-
ted that We are 81 all times getting It,
would rather pay the bills IN full
rather than 10 make Deductions. | DO
not saw that the Electric Light company
has any other desire tGan to furnish
iu.t what they have Contracted TO
furnish and seems 10 DC making strong
effort 10 do so, but this system OF light
ing Is IN lis infancy, and it would be
very strange indeed If some difficulty
would not te experienced by the CON-
pany n fulfilling It's contract 81 all
times.
Mutual Concessions Needed
In consideration Of this fact, the city
has generously overlooked many de-
fects aud complaints and made many
allowances and paid bulls. when there
Was a very general feeling that the con-
trsct MAS 10. complied with; aud | DO
not think now. that there IS any dlspo-
sitlCn certainly not on my part TO
exact an absolute, technical compli-
ance al every hour IN the night on the
part OF every lamp; but It seems 10 me
there ought 10 be mutual concessions
and tnat when everybody feels and
knows that for some reason, whether
Insurmountab.e or not, We are not get
ting fully the light that We have con-
rractei for. We ought not to be held TO
pay the last penny called sor by the
contract
There are instances where the Elec-
tric Light company will have the ad-
vantage OF the city during the entire
continuance of the contract, a., Tor IN
stance, 1t is provided that no deduc-
tions shall be made for lights not burn
ing unless voucned for by some city Of
ncer TO have been out for one hour
continuously, and this information
will be impossible to be obtained, with
references 10 3 great many of the lamps.
The city has taken steps TO some extent
to Try 10 ascertain whether this con-
tract was being fulfilled. II has en-
ployed what is supposed to be . COM
De cent electrician. He made Q report
Tor the month of October, showing a
failure Of nearly 10 per cent of the
light to De furnished. The committee
en- lights. VINO have mad charge OF this
matter throughout the year, after hav-
ing heard the matter fully, made q
deduction proporfIouate 20 this failure
OF light. IL was then referred TO new
committee that Of claims aud ac-
c0uuts) who. upon consideration of the
matter, report, among other things, as
follows: ave find that no opportunity
was afforded TO the Grand Rapids Elec-
trio Light and Power company to OBJ
serve the tests made by the city cleo
trio an and that such tests were made
ex parte and without knowledge Of
sald company. We therefore recon-
mend that said bill be allowed, etc."
No Obligation to Notify.
I cannot assent TO the proposition
that the city is under any legal obliga-
ton to notify the Electric Light COM
pany that tests are TO be made at any
particular time, or To call upon the
company to ssist or observe these tests.
/ fiud also IN the communication of the
Electric Light company, sent to the
council, IN regard 10 this matter, con-
tains tins statement: I've deny the
right of the city, under the existing
contract, to discount our bills, except
for lights out, s. specified and provided
IN contract" Thus taking The position
that IL the light u poor no deduction
can be made from the contract unless
it - actually out for more than al
hour and observed during that time by
a city officer. It IL therefore more
than likely that there will be differ.
ence OF opinion between the city and
the Electric Light company, IN regard
90 the construction of the contract on
several points, aud / believe we ought
now 70 insist upon our rights and the
positions we take IN regard to the con-
tract.
Some OF the aldermen seem 20 dread
q law suit against the city. but this Is
not shs worst calamity that can befsll
the city. Indeed. 10 is often worth
more than the investments, even IN case
Of defeat. "a a means Of education
Respectfully submitted.
William J. STUART, Mayor"
Manager HAYWARD Of the Electric
Ight company Vas asked what he
would DO II the veto was sustained.
Eve have 100000 of bonds" said he,
"whicls are due ia ten years. and We
might "a well start = sinking fund right
nov. II We placed the money IN the
taux We would get but per cent,
ard & he cify nolds g We will get %
cent, and We Wi get all the ded uctions
they maze ~nen tne time comes. We