Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1898-07-08
Should the Electric Light Con.
tract be Approyed2

This question can only be answer-
ed, FOR or AGAINST, as it shonld be.
by giving the people to thoroughly
know whether the contract is SO
drawn as to protect their rights. We
know from experience that these con-
tracts are ready made by shrewd at.
torneys employed by the person or
corporation asking the franchise, and
is submitted to the body to accept or
approve. 1t is needless to say that
the attorney has been careful to in
sert all that is requisite to fully pro-
tect the party seeking the franchise
with as little as possible in behalf OF
those called upon to make the grant.
What is in the interest of the person
or corporation asking the grant is
clearly and specifically stated, fully
covering every point in it's interest.
What would inure to the benefit and
protection of the public-of the indi-
vldual-is conspicuous by it's absence.
Our interest in the matter and in
behalf of the public welfare prompt
ed MS to ask John McCook for con-
strnction of the proposed contract
which we submitted to him for that
purpose and the opinion as furnished
is hereby given in full:
w. R. MEAD, ESQ,
My Dear Sir:-In response to your
request that SO do, have examin-
ed the form OF agreement which YOU
submitted and purported to be the
proposed contract between the CITY
and parties seeking franchise from
1T for the purpose of an electric light
ing system. The contract contains
obligations upon the part of the city
as follows:
"A grant of the right to place poles
upon streets, alleys, parks or other
public grounds necessrt y to conduct
the business with rights also to con-
struct above or under ground in any
and all public places plant sufficient
and to enable company to sell or rent
electric light power or heat to con-
sumers in the city, such franchise to
run for twenty years, subject to the
conditions hereinafter referred to.
The City is to during said time and
subject to said conditions purchase
OF the lighting company $3.50. 90 worth
OF lights each year for ten years at
prices that are agreed upon, with a
right of calling for re-adjustment for
remaining ten years. The prices to
be paid are $500 per month for each
light of 1900 candle power, and $1.15
for each incandescent light, 80 candle
power, lights to be furnished until 12
O'Clock midnight. If the city shall
use over $3.50 per anpum, all over
shall shaa be furnished at So so for the
1900 C. p. arc, and 81 90 for each 80 G.
p., incandescent 1000 candle power
to be furnished for SO per month
in addition to the price of 1900 G. u.
The obligation upon the part of the
Company are substantially that it
shall locate its system without un-
necessary injury to public property.
That it shall not charge consumers a
rate exceeding of one cent per hour
for 16 c. p. incandescent lamps for
the time if used until 0 O'Clock or
after and providing that more than
four lamps are taken at one place,
with further statement that charge
shall not exceed that of other tows in
Iowa where number of lights and
service are similar and steam power
used. A meter to be furnished Wbere-
ever required at rent of % cents per
month in addition to charges already
mentioned. The city may after five
years give notice of an intention to
purchase when the value of the plant
is to be determined by appraisment,
and city may purchase at appraised
price. The only condition in contract
that refers to private use is one
wherein consumer may apply in writv
ing and company Is to erect and
maintain system to accommodate, pro-
vldlng there are two or more lights
to every 300 feet of required extern
sion."
Some of the objections which oc-
ours to me from the contract. are
1st. A total Want of obligation on
the part of the company as to the
system and service to be furnished
and the lack of a concurrent authori,
ty upon behalf of the CITY to dispo.
sess the company of its franchise in
the event that satisfactory service be
not given. The condition for use Of
streets and of purchase by the city of
the necessary public lights from the
company make the contract eauiva-
lent TO an exclusive franchiseJ and
another company could not after the
best portion of the public property
had been taken by this company and
the revenue for public lighting dis
posed OF to it as is done, attempt to
compete with another system, SO also
private users of the light are not pro.
teeted against conditions or charges
which may be demanded in PLACING
the necessary wiring and appliances
to furnish the light within their pla.
ces of business or homes, and the
situation is one wherein it might be
difficult If not impossible to get this
done by persons other than the cleo.
trio light company who may make an
unreasonable charge therefor if they
see fit The conditions of purchase
by the city are in my opinion not of
the advantage which they may seem,
for instance, notice must be given sig
months in advance, then appraisers
must be sought who of necessity must
be persons familiar with this kind OF
property. Then before anything
could be done an election would be
necessary to determine whether or
not the city gould own and operate,
and parties who might interest them
selves meantime and residing here.
would naturally array upon the side
of private ownership and prevent the
unbiased views of all of the, people
upon that question. The person
drawing the contract seems to have
been carrying in his mind the thought
that persons other than the grantee
should be interested therein. Yhe
grant Is to one b. s. Wilder, but aftes
mentioning his name the contract
thereafter refers to the light Compa.
ny instead of Mr.. Wilder.
The value of franchise like this to
its owner is in the future rather than
in the present, and should this com.
pany acting under contract give UNI
satisfactory service for term of
years and while waiting for the grant