Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1900-08-15
The City Council Did Much Business
at Their Last Meeting Water
Question Came Up.
4 JUSTICE ASKS FOR CASES
Jastice 81 The Peace Sweet Sends ID I
Pecsllsr and Pertinent csmmsaIea-
tloa,

The council met Monday highland trans.
acted routine business aud then went
into executive session TO consider matters
Of assessments Of benefits and damages.
Mayor Beach, Councilman Lane, Lake,
Storer, Weisgerber and Wilkinson pres.
ent- Tannahill absent.
An opinion from City Attorney Nc
Farland concerning the city's right to
adjust water assessments was read and
placed on file in which he said, under
Section 4, chapter 4, Of the city charter,
the council had power to fix assessments
Of rates on water.
The following opinion was presented
by Attorney Mcfarland, which is in CON
nection with the recent communication
received by the city council from the
Idaho investment and Banking company:
LEWISTON, Idaho, Aug. 70, 1900.
To the Hon Mayor and Common Coun-
Gil Of the City Of Lewiston, Idaho Cen
tlemen: On the 9th instant You referred
to me the communication signed by the
Idaho Investment and Banking company
with instructions that examine the
contract. and all matters connected there
with, between the City Of Lewiston and
the Lewiston Water and Light company,
and at an early date report to you the re-
suit Of such examination.
! desire to state that in my examine
ton Of the matters contained in the
above communication, have purposely
omitted to examine and inquire into the
validity Of Ordinance No. 100, granting
a franchise to the Lewiston Water and
Light company for the reason that /
believe that question could be more
properly determined by proceedings in
stituted by an inhabitant of the city,
than BY the city; and for the further
reason that the franchise is not an exclu-
sive one, and in view Of that fact know
of no reason why the city could not grant a
similar franchise to the Idaho investment
and BANKING company, or any other cor
poration, or persons who haye the power
to conduct such business.
With reference to the validity Of the
contract between the city and the Lewis
ton Water and Light company desire
to say that have made Careful exami-
nation Of the contract and questions re-
lating thereto. In passing on the valid
ity Of the contract have taken into con-
sideration both questions of law and fact,
and from my examination am satisfied
that the contract is invalid, as we'll as
voidable BY the city Of Lewiston.
Relieving it good policy, have re-
Trained from assigning any reasons for
the foregoing conclusions. but if any
members Of the council desire to know
my reasons, / shall take pleasure in Civ
ing them the information which with
hold at this time.
very Respectfully,
IS. L. MCFARLAND,
''city Attorney"
A communication from A. c. Sweet was
read and laid on the table.
The communication stated that che
was still a justice Of the peace with Offices
in the Lewiston National Bank building
and, though he was the nearest justice
to the city hall, he had not received any
cases for trial since the Ist Of August,
and, in view Of his opinion that 1.-THE
nearest justice to the city hall should re-
ceive all police cases that the council in
struct the marshal to bring them before
him.
A petition was read, signed by Mrs. r.
Saux & CO., d. S. Dent and H. G. Ket-
tenbach, asking that their names be
withdrawn from the petition, which they
signed to have Main street between Fifth
street and the Odd Fellows hall macad-
amized. The matter was laid on the Ia
bic. In explanation of the above the
signers preferred at this time to wait and
see whether the macadam which was be-
ing laid on Main street from Fifth to
Snake river avenue would be practical
and lasting before beginning further inn
provements.
A petition was read. signed by num-
Der Of citizens of. the Third ward, asking
that they be permitted to organize vol
unteer FIRE department for that district
under direction Of the city council and
asked for such apparatus as is necessary.
The petition was referred to the commit,
tee on FIRE and water.
Mayor r. G. Beach brought the matter
Of removing the portion of the Boston