The representative. [volume] (St. Paul, Minn.) 1893-1901, 1896-10-07

tions that United States Senator
could be imbecile enough to utter it.
THE POWER OF THE PEOPLE.
ONE GENERATION CANNOT TIE UP
THE HANDS OF IT'S SUCCESSORS.
We hail with pleasure the decision
referred to in the 70 lowing report:
The following syllabus Of the
United States circuit court Of appeals
in the cases Of the Illinois Trust and
Savings bank. trustee. appellant,
against the city Of Arkansas City,
Kan. appellee. and George E. Hopper,
| receiver, appellant, against the city
OF Arkansas City and the Illinois
Trust and Savings bank, trustee, ap-
points, the principal cue being that
cities of the second class have no pow
er to grant private parties the exclu-
! sive right to use their streets:
The court holds: A city OF the sec
| ond-class, under the laws of the state
| of Kansas, has power to contract with
| a private party for the construction
and Operat1 n of water works, to
agree to pay rent for the use OF n.y.
drantS and to grant to such party
! the use Of its streets for the purpose
| Of laying pipes to conduct the water,
but not to grant the exclusive right
to use its streets for that purpose.
The invalidity of the exclusive
grant by city of the right to use its
streets to conduct water to it's inhabi-
| tants is no defense to an action for
| the rents the city promised to pay to
In fnn fxar hn NJ hO NV
| drantS, after the works have been con-
structed according to the contract
and have been accepted by the city.
No one who does not Infringe or
threaten to in fringe the exciusiveness
| Of such grant can be heard to allege
| its invaldity, after the work has
been Substan TALLY performed by the
grantee.
The members OF legislative body OF
| a city may not so act OR contract as to
| deprive their SUCCESSORS OF the unim-
paired exercise, Of the legislative or
governmental powers conferred upon
the body for thetpurpose OF ruling the
inha bitants OF tho city.
But this rule is. inapplcable to the
| exercise OF the business or prOpri-
ctAry powers of the municipality con-
| ferred upon the Legislative body Of a
|
| habitantS and itself as a personality,
rather than to enable it to govern its
| citizens. y1,s;
In the exercise Of these NUM-
| cipality is governed by the same rules
as private corporal ion Or an individ-
ual, and it may make contracts for
| terms longer thanethe terms Of & flee
Of the members qof the legislative
body. Sic ...-~
After going at some length into the
| Kansas statutes the decision cOntin-
ues, speaking generally:
| The presentation to the city cOun-
| Gil in open session by private party
| who is named as grantee in a defeat
| ed ordinance upon its records of a
written acceptance OF the terms Of
the ordinance and bond to construct
water works accordingly. the con-
struction Of the works and the loca-
ton Of the hydrants by such grantee
under the direction Of the city coun-
Gil. the actual acceptance and use Of
the works by the city when completed ,
| and the passage by the city council Of
a formal resolution that the water
WORKS erected under the ordinance
are accepted by the city, constitute a
| binding contract between the city and
the grantee in the ordinance for the
| construction and operation of the wa
| ter works accoring its terms.
This is movement in the right di-
rection; and we trust it will be toll
| lowed up by other decisions in the
same line. We see no reason why a
city of the second class should not be
| allowed to bind posterity. by executive
contracts, but city OF the first class
should be permitted to do the same
thing.
| The difficulty arises out of a series
| OF decisions by the Supreme Court OF
the United States. under the inspira-
tion of John Marshall and Alexander
| Hamilton, and other representatives
OF the aristocratic element Of the
! early days Of a Repu Bile. by which t
was held that a statutary grant, in
| stead of being gift or donation from
the supreme authority to the subject,
was a contract between individuals
| and equals, and therefore could not
be changed or abrogated. The result
was reduction Of the power Of the
nation to the level Of the corporations
created by it. 1t has been practically
held that if corrupt combination
bought up a majority Of the mem
bers of Legislature, and paid the
money right under the noses of the
presiding officers, although every per-
son engaged in the Refarious transac.
tion could be sent to prison, the act
itself never could be repealed or set
aside by that or ANY subsequent gen.
Grafton of men, but remained in per-
petual force. This il horrible trav-
eSty upon government.
The people in ellepf efforts to liber-
ate themselves mhst reconstruct that
court and obtain, other rulings in con-
formity with the spirit of our institu-
tions. All England would burst into
a roar OF laughtsf II it was soberly
proposed to tie Up Che hands of SUI
preme power by any such tricks of
| technical construction.
There is no country in the world
that has been progressing more rapid
ly from liberty to despotism than the
United States during the last fifty