Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1899-02-03

shall also have the pow weri to con
tract with individuals. trims or cor
para ttOns for the use <H electric or
gas light. TOR, street lighting and:
other l,uHpQhee. Such contract for
water. electricity and gas to be N ade
for such time as the council may
deem for the hest interests OF the
city. not to exceed thirty years tor
water and not to exceed, five wears
for gas or electricity for street light
ing and other public purposes
Whatever this may amount to as
a declaration OF public policy, It
must oe kept ia mind that it applies
only to cities Incorporated under the
! provisions Of the act and which m nst
| Rave at least one Thousand inh ab-
itants. and not to villages incorpor-
ated under the provisions d Gen.
| Laws 1885, Oh, l45, and which under
the amendment of 1887 tla ws 1887,
Ch. 62) may have only |75 jnh a bitants.
In order to determine what effect,
| if any. should be given to this Sec
tion us a declaration of public policy
as to villa ges, all the provisions of
| the act Of 1898 and Of the general
village law Of 1885 should be ex-
amined and compared, for it does
not follow that because the legis-
lature might have deemed Il thirty
gear contract for water by city
under all the restrictions and pre-
visions Of the act OF 1895, might not
! he unreasonable or against public
| policy, they would be of the same
! opiQiun as to small villages organ
lied under the law Of 1881 containing
entirely different provisions and not
| containing the same restrictions
tending to protect the public.
An examination Of the act of 1895
will show that it is full of p:nhihi-
tions and restrictions designed for
the protection of public interests
against. the improvident action OF
the city council, which are entirely
lacking in the village law, as for ex-
ample the limitation upon the
amount Of municipal indebtedness or
liability, the requirement Of a two
thirds vote of the city council to
pass any ordinance or resolution an
propriatjng money or creating any
liability or awarding Or approving
any contract for the payment Gf
money, three-fourths vote of the
! city council, or two-thirds vote of
the electors to issue city bonds.
That franchises and rights over and
upon the public streets can only te
! granted bysa three fourths vote oi
1.-the d,ouneil and sst it,en t,I1ly sta
6est yfIt tier al tcf dae advsrfissas
mcnt. En- short the whole act of 1896
is full Of euch limitations and restric.
tions. A legislative declaration oi
public policy, If it be such In the case
ot populous cities, surrounded by all
these safeguards and limitations
designed to protect Me public. can.
not be given any FORE rs q dec!ara.
ton Of public policy in the case OF
small villages organized under the
village law OF 1875. providing fpr a
much more simple form Of govern
ment and lacking almost all of the
safeguards found In the act govern.
ing cities
i In conclusion word should be
; added in regard to u matter suggest.
, I'd by Defendants counsel in their
application for a reargument. We
did not hold in the original opinion
. as Il hard and fast rule that in every
!: conceivable case Il thirty year con.
!; tract by II village for a supply oil
/ water would be unreasonable and
| void. There might be exceptional
cases where in view Of the extraor,
dinary expense of Greeting wate,
works. the extreme necessity of q
village for a supply OF water for fire
protection on account Of the charac.
ter ot it's business and buildings, and
, the practical impossibility Of other
wise procuring supply OF water ia
. any other way, that 4 thirty sea1
, contract would IT, held reasonable
AT that we held was, that upon til,
facts alleged in the complaint til,
contract was at least prima faci,
unreasonable and against, publ,
policy. II there existed in this cas-,
my such exceptional and extraor
!. binary state of. facts as would rem
der this contract reasonable, y,
think it was the duty Of the defend
ant to ailege. them 10 an answer an.
e not of the plaintiff to negative then
|in his complaint. =" z@:ss.. ri <. IN S..
For thereasons already given ",
! canhot say that the thirty year .prs,
vision Of the ordinance was legalixe,
+ by the actaof 1888. therefore the form, ,,
: Ier opinion is adhered to. .:>:s:. =s:.
Give the Childreu : Drink
= cnlleH Grain-O IT, ii q inlicinna ann.