The times. [volume] (Richmond, Va.) 1890-1903, 1897-12-03
FRIDAY. DECEMBER 9, 1897,
pu1LApELpHIA's GAS WORKS.

THE lease OF the Philadelphia gas works
Is now practically a fixed fact. Ihe
Councils passed an ordinance leasing the
works TO private corporation for
number of years and the Mayor signed H.
But certain taxpayers pettioned Judge
Arnold to issue preliminary injunction
restraining the Mayor from executing the
lease and now the court has handed
down an opinion declaring that ii is not
proper that the injunction should issue
The opinion is full of interest TO the
people Of Richmond, and we give the sist
OF It as we gather It from the Philadel-
pha papers.
The court declares in the beginning that
Il has nothing TO do with the propriety
of leasing the city gas works, ana no
opinion whatever Is expressed as TO the
rexpediency" of the proposed lease. In
matters OF discretion, the Court holds, II
n legislative body has authority TO PASS
nm act the courts cannot restrain execu-
tlon of Il in the absence of proof OF
bribery or corruption in It's enactment.
I'n0 court rules lHtl lilc OhNi VI POI eAN1
other than the proposed lessees TO pay
large premium for the lease was matter
FOR the action Of the Councils exclusively
and is not for the consideration of the
court: that Councils, under the Pennsyl-
vania authorities, may lay more stress"
Upon the responsibility of lessees than
upon their bid. In other words. the du-
ties OF the city legislature in the premises
pre wholly discretionary"
To the allegation of plaintiffs that the
manufacture OF gas and its distribution
40 consumers is a municipal duty, the
court definitely responds that no such OBJ
LEGATION rests upon the city. The munich
pality has the power to manufacture
and distribute gas, but ito is not its
duty" TO do so. The maintenance of
IRE department, the leasing Of market
sheds, the old system OF street cleaning
under which laborers were employed di-
rectly by the city officials, The leasing of
the city wharves, the maintenance Of ice
boats to clear the river from distractions
of the exercise of municipal powers: but
they are not in any sense municipal du-
ties and obligations. The city. says the
court. has the power TO lease, or TO sell
Or absolutely abandon the gas works.
AS to the contention of tho plaintiffs
that the power given to the city to make
and distribute gas cannot be delegated,
the court lays down the principle that the
tity may select the method of exercising
the power. executing ID itself or ''by
means OF a private corporation chartered
FOR the purpose" An important feature
OF the ruling is that portion of it which
faterprets the clause of the Bullitt bill.
or present city charter. which declares
that water works and gas works owned
BY the city. the supply and distribution
pf water and gas shall be under the di-
rection, control and administration of the
Department of Public Works. The court
rules that this section OF the charter
simply means that, while the city ope-
rates such works. they shall be under
the administration Of the Department OF
Public Works; that the clause in no way
affects the power OF the city to "sell,
lease or abandon them"
We had never imagined that these
points would be seriously raised in a
court OF justice. The idea that II Is the
duty OF municipality TO manufacture
and distribute gas is absurd. AS well say
that It Is the duty OF municipality 70
manufacture clothing for the people. or
any other article of general consumption.
1t r. equally absurd to say that a mu-
nicipality that owns It's gas Works may
not lease such works to be operated un-
der the city's supervision by private
corporation. However, Il IS well that
these points should have been raised that
they might be disposed OF by the courts
An appeal win probably be taken. but II
Is inconceiyable that the ruling Of the
lower court will be reversed.
The simple fact is that the city OF Phila'
oelphia owns a most valuable gas plant
and II should have been operated In such
n way as 20 give the people good gas al
lew csss. as well as a revenue to the city