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

with powell Of control over PUBLIC
STREETS cannot NY cOntract or
other wise irrevOcAblv surrender any
part Of such power without conseht
Of the Legislature. because su'h
power IL In the nature Of trust.
held by the corporation Tor tines
This rLle. however, Is not applicable
to the case at bar for this reason:
The streets are for the benefit Of the
PUBLIC AT LARGE and their nse IL not
confined to the residents Of the city:
and therefore In the supervision ana
control of such streets and the re-
pair Of same; tho municipal author
tiles exercise governmental Or puo!'c
functions. While the sewers VI the
city, like works for supplying water
for Its inhabitants. and al! rights
therein are PRIVATE PROPERTY u the
its cOrpOrAtOrs ana
citizens. and they alone h re In erested
in them. The outside public az peO-
ple Of tho state at large. have NO
in terest In such private property as
they have In the streets Ut sthe city,
which are public highways. 80 Ohio,
1856; = Mich! 165; lst seldom, 374.
There IN another point OF view.
In its governmental or legislative
capacity u municipal corporation 10
Invested with discretionary pow
1t has q discretion AZ to the time
and manner of making corporate
improvements, grading streets, MAX
Ing sewers, providing for water and
tight service and the like. .Thecourts
cannot control this discretion, but
when this discretion is exercised. and
the improvements determined upon,
and a contract is made In relation
thereto. the legislative functions
nave been exhausted. and their duty
becomes ministerial But apart
from. and above all this, the Obliga-
ton Ut u contract made between
parties competent to CONTRACT, can
not be impaired at tho option u one
of the contracting parties. The con-
tract controls, whether tho party To
the cOntr be II sovereign state. mn-
nicipality or humble citizen. Upon
authorized contracts made within
the scope of tue charter powers. Of
municipal corporation, they are ita-
bio in the same manner AND to the
same extent. as a private corpora
ton. Her contracts cannot ne an
nulled except when she exceeds her
lega. authority, az trustee Of the
public, or there Ia some fraud or
other recognized ground for invalid
ating' the contract; The village
charter is silent AZ to any restriction
which could operate upon the con-
tract, and the council were given full
discretion as to price. terms and
conditions.
The rule as established by juris-
prudence, sanctioned Nv all courts Of
last resort. seems to be that III the
abse1 of special legislative prOhibi-
ton or restriction. municipal col
pOratiOn. vested with generalpOwere
to make q contract for the supply OF
water or light. as in this case. has
the right to make it. according to
it's own discretion as to lts prudence
and good policy, within the limits OF
It's franchise. including the power to
make It for such reasonable time as
may he deemed proper.
In tile construction Of a water
works system, the purposes to be at
tained are generally beyond the
ability Of Individual enterprise, and
can only be accomplished through
tho aid Of associated wealth. y This
will not be 1risked unless privileges
are given and Inducements held out
which will encourage capital. The
wants Of the public are often 40 I'M
perative, or at least seetn 80, that
duty is imposed upon the municipal
ity to provide for them; and expert.
ence has shown that the only way
OF supplying such needs Ia to offer
such Inducements as Will secure
capital and akill to engage In the en-
terDriso which will accommodate the
public necessities. One Of the induce
nents usually offered by the munich
palitv In such cases, Ia a long time
contract for hydrant service. 1t was
evident that the Water company
was unwilling to put in a plant, or
to extend it's mains, without some
agreement on the part OF the
city to pay for hydrant service.
We know it il the univers-
al custom for companies and individuals
contracting to furnish water or light,
before undertaking the large expendi-
ture, necessary for the construction OF
plant sufficient for the purpose. to re-
quire a contract for taking water or
light. for public use for specified time,
and at an agreed price. In fixing such
time and price the municipal authori-
ties, unless restricted by some statutory
provisions are clothed with discretion
airy powers, and although they may
make contracts which will ultimately
prove q hardship and burden to the city.
the court cannot control the exercise of
such powers, or relieve municipalities
from contracts executed by it's officers
SIMPLY because they heve acted unwisely,
or failed to exercise that foresight, So
gacity, or good judgment, as to time, or
the future needs Of the c'ty,-that per-
hapls more cautious and prudent men
would or should have exercised. Those
who are familiar with the past history,
Know that there are periods in TIE his
tory Of government and people, when
though general and intense excitement,
caused by'rapid growth OF communities,
and speculations,i that nc arly all of the
most ,t intelligent lose their equipqise,