The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-02-09

Oiof HOOolACy 1UuUS DeluR dShcu
his opinion relative to the right Of
the Electric Light Company to with
draw it's notification of cancellation
of contract, advised the council that
although the question was not free
from much doubt, that inasmuch as
the council had never accepted the
company's notification of RECESSION Of
contract, the notification to rescind
amounted to proposition which, if
not accepted by the party to whom it
is made, may be withdrawn by the
party making it. The attorney also
informed the council that it had
right to accept the notification of re-
cision, in which case the contract
would be cancelled: but that one par
ty to contract cannot, without the
concurrence of the other party, cancel
it. 1t is not question of what you
can do, but question of what you
desire to do, for you can either accept,
remain silent, or reject the PROPOSE
tion to rescind. If you remain silent
l think the Light Company may with
draw the proposition. OF course, if
the Light Company do withdraw, it
can be held liable for damages suffered
during the time the lights have been
turned off and attributable to that
source.
Of no no
not consider the contract cancelled,
and that if the company turns on the
lights he would be willing to pay the
bills in proportion to the light fur
niShed.
Aid. Higgs thought that the whole
question was opened up, upon the
question as to whether it would be
best to allow the company to with
draw the cancellation. If the can
collation. proposition is withdrawn,
he agreed with what Aid. Peter
son had said. If the company de-
mands the withdrawal of the cancel
lation, according to the city attor-
ney'o statement the council could do
nothing.
Aid. Pitcher stated that he had re-
ceived a petition signed by oyer 200
people OF the Fifth ward, perhaps re-
presenting majority Of the voters,
advocating the establishment Of a
plant by the city. Personally he was
opposed to this idea. laid. Pitcher
has since counte1 the names and
found SO names. of which about 50 are
tax payers.
Aid. Higgs stated that the matter
depended much upon the position
taken by the company. If it assumes
that The cancellation has been accept
ed by the council it is matter to be
considered carefully, but if the COM
pany demands the withdrawal of its
proposition as right, it is another
thing and the council would in that
case have nothing to say.
A recess was taken to talk the mat
ter over.
MIR. Meagher stated that, from eX'
pressiOns heard in the council, he
should take the ground that the city
has not accepted the cancellation, and
be would so consider il and wiUhdra "
the cancellation, unless something to
the contrary would be heard. He
would turn on the lights Sunday
night. He was not here to sponge
anything from the city for goods not
delivered. He was willing to have a
Cest of the lights by some reputable
expert and the company would pay
half the cost if the city cared to pay
for the other half. He did not know
whether the company could furnish
1000 candle power, not being an cleo
trician. He was willing that Prof.
Shepardson, of the State University,
make the test.
Mayor Weaver stated that the thing
satisfactory to him would be the ac-
ceptance of the cancellation of the
contract by the council. The people
at the last spring election had voted
to the number of 800 in favor of a
city plant. He thought that the
council ought to put in city plant,
having spent much money in adver-
Using for bids. Ii the cancellation is
withdrawn be thought that the com
pany expected TO light the city for
nearly TWO years to come. The cOun-
Gil ought to accept the cancellation
of the contract. This was how he
stood on the matter
Mr.. Meagher remarked that he was
glad to know how the mayor stood on
the matter, at any rate.
City Attorney Young stated that
he had always thought that the COM
pany ought to have brought mandam-
US proceedings to force the mayor to
sign the bills, and then the matter
would have been settled on it's merits
in the courts.
A considerable discussion followed
among the aldermen,