St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-17

| er to regulate the cost of gas and other
lighting. The measure had been re-
ferred to this committee for an opinion
upon the legal status of the bill.
c. A. Severance, speaking on behalf
of the St Paul Gas Light company, re-
viewed the franchise rights of that
company in st. Paul, and said that the
city may avail itself of the right to
purchase the plant in 1897. He ques-
toned the legislative authority to put
in operation a law such as contem-
| plated in the bill. He quoted a New
York decision. to show that gas COM
| pany is not amenable to the same
regulations that govern railroads, in
| the sense of being a public corporation.
Taking the view that the law would
not be effectual, he argued the mex
pediency of passing a bill that would
| discredit the securities of plant such
as he represented. He alluded to the
fact that gas company does not have
| monopoly, although it has an ex-
| elusive franchise for furnishing gas
1t is merely a choice between gas and
| other methods of lighting. Mr.. Sever
ance said this was the first time a
legislature had attempted to pass such
| bill.
Senator Sperry: "This is said to be
an extraordinary legislature"
Senator Day asked for a comparison
of prices for gas in various cities, and
wanted to know if it is because Mime
apolis is larger city that gas is cheap
er there. Mr.. Severance said he thought
it probable
Senator Schaller added to the levity
OF the occasion by saying: 'Then 1
move the bill be indefinitely post
poned.''
Mr.. Severance proceeded to discuss
the matter, and questioned it's being
fair to place it within the power of a
bare majority to reduce the rates for
gas to such q price as would amount to
confiscation of the property of a gas
company
Hon. R. G. Evans, of MINNEAPOLIS.
spoke for a gas company Of his city.
He claimed the passage of a bill to reg
ulate the price of a commodity of the
kind contemplated should be done only
from the standpoint of reason. While
the regulation of rates for traffic are
founded on good principles, it
would be apparent from a study of the
college case down to the present, there
should be care to distinguish as to the
reasonabieness of a measure which in
vokes the police power of the state
He took the view that there was no
appearance of the need to exercise the
power contemplated in the bill He de-
clared that whilst travel and traffic are
public necessities, yet gas could not be
regarded as a necessity. He illustrat-
ed that only 4,2O0 families in Minneapo-
lis use gas. This would embrace
about $4,000 people in a population of
225, 600
Mr.. Evans argued the unfairness of
such measure when it is remembered
that gas companies may compete and
instanced the case of competing COM
pany in Minneapolis reducing the price
of gas. He claimed that the franchise
granted gas companies for the pur-
pose Of laying mains in d street does
not interfere with the general use of
streets and is not burden such as ex-
ercised by railroad companies in the
performance of a public duty. Mr.
Evans discussed the expediency of the
measure at length and asked the wis
dom of exercising q power that it was
not clear should be used even if pos
sessed. He quoted authorities to show
that giving city council the power to
contract for light carried with it the
power to fix and regulate the price,
and also on the point that it was I'M
wise to exercise the police power in
regulating such bushes. He contend
ed that there is no public demand for
a law such as the bill contemplates,
and especially in view of the fact that
it tends to injure rights and affect the
securities of companies against which
the bill was directed.
He made comparison of the method
of the bill with that of the laws reg
ulating passenger and freight rates.
1t was not proposed by this bill to
name a commission such as the rail-
way and warehouse or the interstate
commerce commission to regulate
rates. This bill would leave to a mere
majority in council the right to regu-
late. He called attention to the danger
to which such things might lead when
a council might be elected upon an is
sue to lower gas rates.
A. B. Jackson, of Minneapolis, made
a legal argument upon the legitimate
exercise of police power of the state
in such case, and contended that only
in case of abuse of privilege should it
be called nto use. He placed it on the
same plane as a criminal prosecution.
A man should not be put on the defen-
sive until the accusation should be made
that an abuse existed.
Senator Fuller suggested that the
discussion had been upon gas compan-
les solely. The bill contemplated water
works and electric light companies also.
and he thought they should also be dis
cusSed.
The committee, in executive session,
discussed the bill at length. 1t was
agreed to recommend amendments so
as to strike out the provision allowing
the common council to fix the price for
gas, electricity or water but to allow
them to regulate the measurement,
supply, ETC., for periods not longer
than five years at any one time.