Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1898-11-25

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least in so far ae it assumes to obligate
the city to pay this price for all these
hydrants for thirty years, is void be-
cause not within the scope Of the power
or authority of the village or city,
Plaintiff, resident and taxpayer OF the
city, brings this action. IN behalf Of HIM
self and all other tax payers, to enjoln
the city and it's officers from continuing
to carry out the provisions Of the ordl-
nance by paying the water company $50
per year for each of the SIS hydrants.
To this complaint the Water company
interposed demurrer on the grounds
that it did not state cause Of action,
and that the plaintiff had not the legal
capacity to sue. -"
This appeal is from an order sustaia-
ing the demurrer. .... 81.
l.. Whatever other relief the plain
tiff may ask in his complaint, the
main and primary object Of this action
is to prevent the illegal expenditure. Of
public money by the municipal author
tiles. by carrying out a contract which
is illegal and void because wholly with
out the scope OF the authority OF tde
municipality. OF the right OF the tax
payer to invoke the incorporation OF the
courts to prevent by injunction such an
illegal disposition of public money,
which he, in common with other tax
payers will be compelled to pay in the
form OF increased taxes, there is at this
day no serious doubt. Dillon on cor
porations a Ed Section 914 to: 922
and cases cited. Sinclair Y. Commits
sioners Winona COUNTY, % MINI. 404;
State v. Weld, 80 Minn. 1926; Todd v.
Rustad, 43 MINI. 500. ..s.- :. :. -. -
According to the allega t'ohs OF the
complaint the city council is paying out
this money, not in the exercise OF their
discretion as to The best m ,thod of
supplying the city, with water, but on
the claim that the city is legally bound
to pay it by valid preexisting contract.
II this contract is wholly void as al
legged we have no doubt that plaintiff,
as taxpayer, may maintain this &C.
tion.
q. This brings US to the merits Of the
case, viz: Whether it was within the
scope OF the authority Of the village Or
city council to enter into a contract in
behalf Of the municipality obligating it
to pay $50 a year for thirty years for
ea:h of55 fire hydrants @
The vice, if any, in this ordinance,
viewed as q contract, consists mainly if
not entirely in the length OF time for
which it bound the city to pay annually
this sum Of $4,400 for fire hydrants.
The number of hydrants, the price to he
paid per hydrant and the other pro-
visions of the o. dnance are chiefly I'M
portant in 40 fhr. as they bear on the
question + + the power of the village or
city council t. bind the city for 80 long
peIiod OF time. We have no doubt as
/ to their power to contract with this or
any other water company, with refer
ence to furnishing the city aid Its i'll
habitants with water And inasinuch
as it might be Impossible tO induce any
individual or c,rporatlon to expend the
necessary capital .tot, collsJ-uct water
works in small village or city without
assurance OF pat, onage> by the mnhi-
crpality itself for some definite amount
and time we havelo donbt oi tile power
OF the village ..r city council to make q
time contract with the company fur
supplying the city with water for fire
protection provided the time. Is reason
able And as somewhat: liberal con-
tract in. this regard might be necessary
to induce men to pnC III water works at
all, wewonld not be incilleL to: give
I any controlling weight to the
. mere fact that the number Of hydrants
contractod for was oey on.l the present
llet,uS III tll6CIGt RAANS. aJSNN
t, be paid was somewtiut greater han
the value Of the use 81 the Grants con.
sidered alone and BY Itself, 5sut8tIlt'
powe. Of municipat aul horities to COM Is
tract il relation to = sivell utter q sec
not carry with it BY impllct.tion power
to max q contract, even with reference @
to such matter, which shall ceds away
con,rol or embarrasa their legslatiyes q
] governmental powers 81 q render the the
municipality unablel the future IS con
| troll any municipa fssnatt ter over which il
has 'egisla alive power Where municipal
ant thorities sre authorlzed to contract
Hin relat ton To q phfti lar mat tier hey
;Ihaye 4 discret ion s. { ~ g methods and