, 1897-11-16
THE CITY LIGHTS.
A STUMBLING BLOCK IN THE WAY
OF GRANTING AN EXCLU-
SIVE FRANCHISE.
The Constitution Will Permit 1t, But
No Legislation Has Been Enacted
in Pursuance Thereof-Not Prob
able That an Outside Company
Will Come In-Meeting Tonight.

The settlement of the electric light
dispute between the city council and
the company still hangs fire, and it is
not known what the result will be. The
council will meet this evening, but it
is hardly probable that the question
will be discussed there. as the council
seems to nav an aversion to brining
the matter to public notice in this way.
Recently it has becn discovered that
1t is not in the power to grant an ex-
elusive franchise to the Laramie, or
any other, company to do business
within the corporate limits of the city,
and as a matter of fact the company has
never had an exclusive franchise. al
though they have gone on doing bust
ness with that idea in mind. The con-
stitution of the state grants to mu-
exclusive franchises in pursuance OF
legislative enactment. but the legisla-
tive enactment has never been passed,
hence the old law in force prior to the
Auopllph VI liz constitution . SUN II
force. It is true that the franchise CIV
en- to the company was presumed to
have been drawn under the provisions
Of the charter. hut in reality it appears
to have com wide of the mark.
In the enumeration of powers grant
ed to city councils. the charter says:
"Ninth-To provide for and regulate
the lighting of streets and the erection
OF lamp posts, and to permit and regu-
late the running of horse railway cas-.
or cars propelled by dummy engines,
the laying down of tracks for the same,
the transportation of passengers there
to grant the right Of way through the
streets and venue CT sad city, to any
person or persons, company or cor.
porat!on. for the purposes therein men,
toned"
1t will be noted that the word Tex
elusive" is not contained in this sec
ton OF the law. Again, the council
is granted power as follows:
NAM CollltClS
with and authorize any person, com,
pany, association of corporation to
erect gas works. or electric light works.
or steam heating works and apparatus.
and to give such person, company. as
ISOLATION or corporation the exclusive
privilege OF furnishing gas or electric
lights to light the streets. lanes and al
leys of said city for any length of time
not exceeding 10 years. and to grant to
the same the right of way for laying or
erecting pipes, mains. wires or cleo
trical apparatus"
1t will be seer that his section
grants power to the council to make
an exclusive contract in SO far as the
streets are concerned but it would seem
that it has no power whatever to make
a contract or grant a franchise which
would in any way act to exclude any
company from furnishing light to the
people for domestic use
II this position is correct. the coun-
Gil has no power to grant any franchise
VI al eACluSlSe nature 10 tnc Laramie
light company, or any other company
other than to light the streets What
effect this fact will have upon the con-
tract now under consideration is not
yet known. but it is stated by some of
the members Of the Laramie p
tion that their company cannot think
Of making further improvements in
volving an expenditure of $4,000 with
out a contract covering a term of at
least 10 years. and or the other hand.
the council will doubtless be slow to
tie the hands Of their successors for 10
years to come in a matter of this kind,
Elegant 1920 enlargement, fine
frame. fol: "a at HEYN'S STUDIO.
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