Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1897-05-28

the streets for $125 por month, with
On agreement that the full price Of
1905 should be paid if the light
contract was sustained. In view
Of this arrangement the company
did not bring . suit for damages on
the breaking Of the CONTRACT, but
began an action to compel the
city to carry out its contract.
Neither the city or company cared
to determine the value Of tina dam.
age Of the breaking Of contract
that had Over twenty years to run,
but the object of the suit was to
determine the legality of the con-
tract. That the contract could
+ not be enforced was well known,
because any party can escape snch
d eontract-but the party breaking
lit is liable for all damages sus.
tanned bv the other party. But
q decision as to the legality Of the
contract could be obtained, and
the judges sustain the contract,
as will be seen by the second
decision published elsewhere. In
the same action the Electric 4
Water company brought suit for
payment of city taxes of the com.
pany, under an agreement that
that consideration" was part pay.
ment for the 10 hydrants (for
which no money was paid) and
other services. The court holds
that this part, of the agreement
was legal, and THAT the city must
make the payment for services as
provided. -
The controversy between the
city and company attracted . great
deal of local attention, and the
company was very anxious to av old
any litigation, but it seemed that
no compromise could be arranged
satisfactorily. The litigation was
expensive, the antagonism of the
council was a severe blow to the
credit and the value of the secur'-
ties of the company, and the direct
financial loss was large. The
feeling aroused tended to d..
crease the patronage Of the
company, and it was willing
to adjust it's disputes with the city,
but for various reasons no salts.
factory arrangement could be
made. The company believed that
its contracts were legal, but sought
to avoid litigation, for reasons that
were apparent to any business man.
Hundreds, and possibly thousands
of dollars, may be spent in law
suits, aud the final outcome cannct
be so beneficial as to warrant
either party in evading fair COM
promise in the start. Concessions
from fair and legal position are
not readily made, but it is some
times the wisest course, and it is
still probable that compromise a
year ago would have been better
for all concerned. 4.
tits beyond question that the con-
tracts were made originally in the
utmost good faith, and with the
approval of the people and tax:
payers. The company proceeded
to make heavy inv estments, nee:
essarilv relying on the city con
tracts to make the plant anywhere
near self sustaining, and also rely;
ing on the ;, growth and develop
ment of the city to warrant any
hope of it becoming a source of
profit to the investors. That it
has yet proven no financial bene-
fit to it's promoters is we'll known
by all who possess even general
knowledge of the affairs Of the
company.
There Is one fact worthy Of note,
owing to the attitude of the author
tiles toward the company last year.
From 1888, when the first charters
were granted, down to the time
1.-THE last contracts were made, and
extensions of water mains or new
arc lights ordered, the action of
the city council and mayor had
always been unanimous, and there
was at no time any publicly ex.
pressed or known opposition to
the contracts. The company
naturally felt that after it had full.
filed it's share of the contract it
was not only entitled to it's rights
at law, but also had a claim on
some degree of fair treatment, on
general principles. But the only
final resort was the courts, with
the accompanying expense to all
parties.
Other questions worthy Of cen.
sideration, in view of their
relation to some of the demands
made. for a decrease in the pay.
ments for arc lights and MIGRANTS,
are the conditions ofthe municipal
ity to stand the burden, the
amount Of property enjoying the
benefits of fire protection, the
number Of people accommodated