Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1899-02-03
CONTRACT | ! | 1 NOT 'V0lD. I
The Supreme Court Gives An
other, Little Falls warer
Works Decision. M
VILLAGE 80 YEAR CONTRACT GOOD

Certain Facts Not Furnished
the Court. but Practically
~ Settled n: 8
On Monday. the supreme court
made another decision In the water
works case. and the Kist OF the de.
cieiOn is that the water works con-
tract made blythe village If Little
Fall. for hydran,s ut $40 per yedr
for 80 years il legal and binding. 4
The original contract for water
works was made by the village IN
January, \ 1889. and It was
amended In Dee. 1889. ny the: city.
The original contract was not >''e-
fore the court in any of the records.
The court holds that certain subSe-
quent acts If tn" legislature made
the contract good, If there were any
defects III it. The decision in full ia
given below. 1t is worthy Of espec-
iarnotice that the court disclaius
any decision that b 80 yearcon act il
necessarily void ON account Of the
length Of time. The decision il as
follows: ri -
STATE. OF MINNESOTA, SUPREME
COURT. OCT. Term \ D. 1888 ~
James G. Flynn. Appellant VI. Little
Falls Electric 4 Water Co, Re-
sp"ndent. =: Syllabus on Reargu-
m-nt.
The village of Little Falls was q
village ''inaOrpura ted under the DrU-
visions 81 Oh. l45 Gen. Laws 1875"
within~the meaning Of La ws 1898 Gu
l91. ... ~
Laws Of 1873 Oh. 1911 ia not re-
pu9uant to Art Nv. SEC. 3s .of the
constitution prohibiting special legts-
.lation CIRCULATING the affairs Ut Il
village. berause it did not include
within it's provisions villages inccr.
porated by special charter Or villages
of over, 3.Ot'O: Inhabitants incur.
pOra ted under Gen. Laws 1891. IN.
146 ~ d,
The curative act of 1893 applies to-
an ordinance 81 tho village Ut Little
Falls, although before the act was
passed the village had ceased to
to -xi-A aud had been superseded by
the city Uf Little Falls AZ it's sue
cessOr under s.. La VS. 1880, Oh. 8. but
IT. would not apply to an amendatOry
. ordinance subsequently passed by
the city. The title OF the curative
act. t.,-wit An act slrRalizIng and
confirming village ordinances and
contracts IN certain cases. sufficient
III expresses>its subject. ~ ., 3 ........<
The provisions Of Gen. Laws 1926,
Oh. 3, Sec. 1872 relative to time con-
tracts for supplying with water
cities Incorporated under that net
cannot he construed az u declara ton
of Legislative policy on the same sub
ject as to villages incorporated under
Laws 1870, Cn. I'D.
Former opinion adhered to.
STATE OF MINES: TIA, SUPREME
COURT. OCT. TERM, A. D. 1898
JamesC Flynn. Appellen', VS.. Little
Falls Electric & Water Co.. Re-
spondent. Opinion.
A rpargument of this cnse was
granted only as to the force and
effect OF ertain statutes which were
not called to the attention OF the
court ON the argument already mad
One Of the questions for reargu
ment was the folio wing:
'Was the ordinance involved In
this case legalized'by General La wi
OF 1893 Oh. 1911 as amended by Gen.
LII Wa 1897, Oh 224;; and particula rIy
was Little Falls a village incnr
poratpd under the provisions OF t'h
145 Gen La va 1885 within the mean
ing Of the act'M 1888 above cited"
= Whtle'the initiative act towarll
the incorpora ton and organize tiol
of the village Of Little Falls was Sp
Laws 1879 Oh. 6 instead of the &c
ton Of the inha bitants in accorda nc
with the provisions III the genera
p" Jaw then in force .(Grn. Laws 1S7
On 1897 yet;the special act expressI.
enacted that the territory was se
apart and Incorporated as viIlag
under the provisions of the genera
law. except as hereinafter lin tn
special lawl OF her wise provided, mn
thatew hen organized in accOrdanc
with the general la " 1t should there
after he endowed with all the rights
powers and duties therein 9Th
general law delegated and pre-
scribed. The exceptions were mer.
p IL as 10 the matters Of the cOnstitu
ton ufthe village council. and tn
appointment Of n Village Marsha
instead OF electing a village Cor
stable. The important thing wa