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

THE HYDRANT CASE.
STATE OF MINNESOTA
COUNTY OF M"RRIsON.
In District Court.
James G. Flynn, Pla'ntin
vs..
The city Of Little Falls, Ma
than Richardson, az may
or, E. s. Brown, as clerk.
Robert Heron. M treas
urer. and George MOeRltn,
e.. E. Carlson, Thomas
Martin, Il. j. Matbieson,
J.lP. Frampton, jerome
Mecusker and Casper
Schmidt, as members III
the common council Of
saic city and the Little u.s.
Falls Electric & Water =
company, De1endahtS.
The questions of law aglslpE upon
the defendants demurrer ihterp"sed
by the defendant ithe Little Falls
Electric & Waterwcompany, to the
complaint herein. having been duly
arggpeds "'by Messrs." aandbergh'
Blanchard q sfdAndberght, hppearing
as attorneys for the dftgghiid3at'!nt' in
Support st the demurrer. and by
Messrs Calhoun & Bennett appearing
:us attorneys for the plaintiff In OPP
position thereto, and the court be-
inE duly advised in the premises,
1t is ordered that said demurrer
he. and the same hereby il, sust ained.
Let Judgment he entered accord
ingly.
STAY of proceedings herein for thir-
ty 1907 days.
Dated, st. Cloud. Mimi, May II,
1897. BY the court.
l.. L. BAXTER,
D. B. SEARLE,
Judges of said court.
NOTE.
A hrief statement of the facts will
serve to give Il better understanding
~ the questions involved In this case.
The village nj Little Falls was mu-
nicinal cOrpOratiOn, and was first
incOrD:.rated by chapter six ~ III
The snecial laws OF Minnesota fer the
wear 1879, approved February 70,
iS79. and by q vote of the people ON
the 18th day of June, A. d. 1883, be-
came reincOrpOrated under the pro-
| Visions of chapter seventy-three (73)
ri the general laws Of Minnesota Tor
1884. being an act to provide for the
incorporation Of villages and to DE-
| fine their powers and duties. On the
18th day of January, A. d. 1889, the
village. acting under the powers con-
ferred by said chapter seventy-threo,
entered into q contract, by ordin ance
number thirty-One of said village,
with one w. NJ. Fuller and s. StOll!
" hereby the village granted to said
LAT NAMED persons for the period OF
rhirtv wears, the privilege Of laying
water mains and pipes in the streets.
alleys. and public grounds OF salo
lila 90 nf Little Falls, subject to Ger.
+oin terms and conditions therein
| n0mcOs-lOE IuC puA pocS~A 49,
inc u system Of water works Tor the
distinguishing OF fires in said village
and Tor the use OF the inhabitants
thereof.
The city Of Little Falls. the success
or of said village, was duly incorpo'
rated by chapter eight u OF the
anecial laws Minnesota for the year
1889, approved March IL, 1889, and
embraced With other lands, the same
territory included in the corp0ratt
limits Of said village OF Little Fails
That on tho 10th day OF December
1889. said ordinance number thrty
one. of said village, was amended n1
ordinance number thirty-four OF TIT
city OF Little Falls; and that q cop!
of said ordinance thirty-one, al
amended, ia attached to the com
plaint in this action, and is hereo!
referred to.
That said Fuller & Stoll, the per
sons named ia said ordinance g.
amended as the grantees OF the right
aud privileges thereby granted, dull!
J accepted the same upon the term
and conditions therein specified; an
thereafter, to-wit: On the first da;
of May. A. d. 1890, duly sold, Of
signed, transferred and set over t
"the Little Falls Electric & waite
company" a corporation created q
stated in the complaint, which 10
-sl. -o 1yi11 doaiUnafo IA til