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

water. company" all rights, privi-
lpges and franchises, acquired by
them under and by virtue IT Suid or
dinances. That by virtue thereof,
said Water com many have erected as
| part Of said system OF water works
tiity-flve MIGRANTS, which have been
for more than one year prior to the
commencement OF this action. main
tanned az part Of such water works
System, and for furty-three OF said
hV{lrants. said city has for more
than one year last past. under anC
pursuant to sniu ordinance. paid to
said Water company the sum Of $50
per year for each hydrant.
1t was assumed upon tho mrgu
mpnt ty counsel for both plaintiff
and defendant Water company that
the ordinance and contract In qncs-
tion In terms requires the city to
take and pay for the use of said for
| ty-thrpe hydrants at the rate af"re-
said. continually. until theexpira ton
Of the thirty year period, for which
said franchIaes were granted. and ii
| will he assumed for the purpose Of
this case that such ia the proper con-
structiOn.
The plaintiff insists that the needs
OF the city has never required. and
does not now, and will not tor
number Of years to come. require
greater number Of said MIGRANTS
than thirty-five. which is ample for
the purposes intended, and claims
that $8O per hydrant ia an unreason-
able and exhOrbitantr ate.-and that
q ~ mt ENn n GA
able charge.
Tint on the 4th day of April, 1886,
the city council Of Little FalIs passed
n resolution attempting to repeal
the ordinances In question. and the
plaintiff claims that not wit hs tn nding
the passage of such resolution, that
the city and its officers pretend and
claim that such ordinances and con-
tract are still In force and effect,
and that they will continue to
pay said Water company for
said hydrants at the rate fixed by
said ordinances, ana threaten and
intend to perform and carry out the
terms and conditions Of the same,
unless restrained by this court
Wher fore the plaintiff as u taxpayer
brings this action to enjOin and re-
strain the defendants from paying
said hydrant rentals. or otherwise
carrying out or performing the con-
jltiOns of said ordinance and coll
| tract, and to obtain u decree Of this
court declaring the same null and
void, and of no effect. The defendant
Water Company demurred TO the
Dlai .1tiff's complaint, upon the
ground that the same does not state
facts sufficient to constitute q cause
Of action.
In substance the plaintiff claims
that the alleged contract between
the CITY ana the Water COMPANY,
which Is the subject Of this suit, 10
1st. That the village Of Little
Falls, or the city, had no power or
authority to enter into the alleged
contract.
I'd. That such contract practically
created a monopoly.
Sd. That neither the village or
city OF Little Falls had any authOri.
ty TO enter into contract binding
such municipality to pay for hydrant
services for thirty years;-and that
the attempt to do so was invalid,
because the council could not to that
extent surrender its legislative dis
cretion and barter away the author.
ity reposed in 1t by law; and
4th. Because the contract was an
attempt upon the part Of the council
to limit the legislative authority OF
their successors, and embarrass them
in the exercise OF their exclusive dis
erection.
The contract in question contained
lin ordinance number thirty-one
before referred to, was made by the
. village of Little Falls In It's corporate
capacity. and II such ordinance can
be upheld as q valid grant OF the
right to erect water works. and as
valid exercise ofits corporate powers
> the acceptance Of such grant by the
grantees, and performance thereo!
on their part, constituted valid
and binding contract between the
) parties thereto. And II the contract
3 made by the village created q valid
? obligation on the part of such village
, then the city of Little Falls, as the
/ legal successor of the village. became
' liable thereon to the same extent 81
i II such obligation had been originally
D contracted or incurred by said city
r ! under the provisions of section fol!l
g az Of said charter of thecity ofLittl'
r Falls. :,