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

WATEk AND LIGHT CASES. M
Judges Baxter and Searle have
rendered decisions in the cases in
volving the validity of the con.
tracts between the city of Little
Falls and the Electric & Water
company. The decisions and &C.
-companying notes will BE- found
In full in this issue Of the paper,
and will doubtless be read carefully
by all who have taken an interest
4 in this litigation.
The cases were tried on their
real merits, there being no dispute
over the general facts of the max.
ing of the contracts as shown by
the records, and of the action OF
the city in trying to annul the
contracts. The case concerning
the validity of the water con.
tract was brought by a citizen Of
:,he city, and. the decision: sus.
tains the legality Of the agreement
between the city and company re.
garding the hy.irants. III brief,
the conditions of the contracts
regarding MIGRANTS were as fol
lows: Iu 1889 the city contracted
with the company for 81 hydrants,
80 of which were to be paid for at
$50 per hydrant per year (or 81, 40O)
and Z were furnished by the com.
pany in part payment for power
that the city had procured from
the Water Power company. Ad-
.ditions to the contracts were made
in 1890 of three hydrants on line
ordered to the Hennepin paper
mill; in 1892 of Is hydrants on lines
to the Pine Tree company's yards
and to St. Gabriel's hospital and
orphanage. This brought the to-
tai un to IS, of which ID were in
part payment for the power, and
43 paid for by the city at $50 per
year--a total payment for hydrants
Of 50, 40.
. In. 1890 2s.year contract was
made for % arc lights at 900 per
light per year. During the next
year or two additional lights were
ordered until the city was paying
for 26 lights at the above price-a
total of $2,496 for lights. These
add,tio nal lights were ordered by
the council in response to strong
petitions from parties in the local.
ities to be benefited.
Above improvements were made
when "times were good and the
sentiment of the community was
practically unanimous in favor Of
the improvements and the con.
tracts which made them possible.
Sometime after the esta blishment
of all these hydrants, and especial.
~ after the 'hard times" became
very oppressive, there was pro:
nounced sentiment on the part of
some taxpayers to break the con-
tracts. Other parties who were
suffering no financial burdens
through the operation Of the con:
tracts exerted themselves actively
to decrease the receipts il: of the
Electric aud Water company, and
directed their special efforts
toward Withholding payments by
the city to the company. AS is
usual in such controversies, polit'
ical and personal considerations
appeared to influence some to quite
degree. While many professed
entire fairness, others felt justified
in urging almost any means to re-
taliate upon those interested in the
company for real or fancied
wrongs. The former urged that
If the contracts were illegal the
company could net fairly ask fol-
their fulfillment, as the company
had entered into them voluntarily
with a supposed knowledge OF al!
their rights and powers, and must
accept such results as the law and
courts would determine. The
other class cared little for any
legal or moral rights, and were
most anxious to inflict prompt and
severe punishment on the Electric
& Water company. 80
These sentiments, united with
laudable desire to decrease city ex
penses, resulted III the passage BY
the council in the spring ant
summer of 1895 of. various resolu
tions and ordinances declaring al
the water and light contracts can
celled. The city then refused t.
pay the bills for arc lights, and tn
company shut down its arc circuit
The city also refused to pay
small item of taxes for the com
pany. The city continued, how
ever, to pay the hydrant rental.
~ %osA tho hvdrant contract