Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-19
Council Against the Mayor in
the Light Contract.
FOR A PATROL SYSTEM
Recommendation of Police Committee
AdOpted--Mayor and Alder
men Will Parade.

Mayor McCarthy's veto of the 10-year
contract recently awarded the Butte
General Electric company for lighting
the city was the interesting feature Of
last nights council meeting. The veto
was as follows:
Butte, Mont. Oct. Is, 1S99.-To the City
Council of the City of Butte: Gentlemen
l nave had under consideration the mat
ter of lighting the streets and alleys ana
buildings of the city of Butte. l lind
upon investigation that the present and
existing contract for that purpose has
yet more than 20 months of life.
ION the 18th day of September of this
year the clerk, under direction OF the city
council, gave notice for the reception OF
bids on the goth day of the same month
for furnishing such lights for a period of
10 years from the first day of July, 1901.
This notice being for such a short period,
and in a local paper, there being but one
plant capable of furnishing such lights
to the city in operation within the city
at this time, in my Judgment was not
calculated to insure whatever advantage
might accrue to the city by reason OF
competitive offers.
I'm response to this notice one pro-
posal was received, this being from the
Butte General Electric with
which proposal you are familiar, the
same being on file in the office OF the
clerk. This proposal having peen fe1ef-
red to a proper committee, and that COM
mittee having reported favorably on the
offer, the council at it's last regular meet
ing approved said report and ordered the
contract awarded to said bidder.
mot having seen the proposal and
there being no discussion upon the merits
of said offer, or the advantage or dlsad-
.-%~ c,voh n nnnfr1nf
I was at that time not advised as to us
terms or the scope of the. contemplated
agreement. Since then, however, l nave
given the matter consideration and l lind
that in order to lessen the price per lght
from the contract price which we no"
have, it becomes necessary to increase
the yearly contract indebtedness OF the
city very materially for a perlod eXplilnS
almost u years from now. In view or the
fact that the city may in the next l.
years materially increase in wealth and
population without a corresponding IN
crease in territory, l see no reason &c
anticipate a very material increase II
the demand for lights.
And again.. judging from the past, we
are fully aware that every year we see
the cost of the production of the outpu1
of such industries as this contract deals
with decreased: and hence, it is fair tt
presume and conjecture that within
three. five or seven years a much pettel
contract price might be obtained FOR TINS
light service by the city than the one
proposed, and especially so when the
probability of competition shall enter
into the making of the offers unde Whlcl
said contract shall be let.
''Then. again, the proposal provides TIC
comply in part with the demands or the
light and building committee. tBy Inc
way, such demands We're not made pub
lie, and, therefore,. could mo- nave peer
understood by others who might, under
sufficient motive, lave made a like offer.
1t is to pay into the city treasury yearly
one per cent per annum of our gross
receipts as long as we are the only com
pany furnishing light and power II
Butte This burden imposed upon The
bidder certainly influenced them in fixing
the price of their light, and, inasmuch as
If is made a continuing obligation or
their part only SO long as it shall be ane
remain the only furnisher or light ane
power in the city of Butte. it becomes 6
material factor in preventing others from
obtaining the privilege of operating a likt
plant in the city of Butte, as all thost
who contemplated embarking in such al
industry woul necessarily be compelled
to obtain permission from the city o
Butte: and, in order to grant such per
mission, the city would be compelled K
release a portion of its yearly revenues
/, This being restrictive, in my opinion, an
against the law of his state, which says
No special privilege shall be granted t.
any person. is against public policy, an
therefore illegal.
Again, taking a favorable view of thu
proposed contract, that is, that it vii
proved an advantageous one to the city
and on the terms and conditions of which
this city in future would desire to SCI
carried out, supposing the cost of produc
ton of light should materially increas'
so that the contract would not prove
favorable one to the bidder and furnish
er. there is no undertaking or bond as
guarantee that it would be faithfully per
formed during the term of it's life; and
hence. no protection to the city is givel
against the termination of it by the &C
of the contractor alone. If this contrac
be entered into, there is no power b.
which the city could compel the contrac
tor, should fear overtake 1T, to execute
!. such a bond.
For the foregoing reasons, I deem l
!, my duty to veto the action OF the cit,
council at it last regular meeting, on tn
4th day of October. 1899, in accepting sal,
r proposal and ordering the contrac
: awarded to the Butte General Electri
company for light for the city of Butt
for a period of 10 years beginning July
1901, which is accordingly done. Re
specially submitted,
u. II. MCCARTHY,
- mayor of the City OF Butte
Aldermen Bryant, Siebenaler and Fl
derkin spoke against the veto. Manage
: Turner of the Electric company was al
= lowed the privileges of the floor and ad
: dressed the council. The council the
} voted unanimously against the veto. an
4 on motion the bono of the company wa
4 fixed at S100. 0G0.
5 The report of the police committee. ret
; ommending the Introduction Of a patrt
& system. was adopted, and the clerk wa