Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-08-28
'N|A[K|N1O Ny P|AR[OR.
So Says the City Council to the Mar.
shalltown Light, Power and
Railway Company.
Some Doubt as to Which Will
Prove to Be the Spider and
Which the Fly.
Council Comes Near Repeating Rates,
Then decides on a Truce
With the Company.

Marshalltown Light Power and Rail-,
dove of ace-tcmporariy, at least.
The city council started out to repeal
the electric lighting rate ordinance AT !
the special meeting Monday evening as
method of Knocking the suit out of
court, and after the repeating process
was almost accomplished took another
tack, pending a conference between the /
city attorney and the legal department
| of the light and railway company. The
idea of this conference is To learn if
the electric company will dismiss the
present suit and injunction in the fed-l
eral courts, thus permitting the council
| 10 properly pass a new ordinance and
have 1T tried in the courts on its mer-
Its and not on technicality.
The council was many men of many
minds when 1t came to deciding on the
best ethod Of procedure Mr. Benson
was absent from the meeting during
1.-The entire session. while Mayor Pierce
and DR.. Harris We're late. the forme4
| having been called to the scene of the
murder of the colored man, Joseph
Williams but when they did arrive
lsthey changed the drift of the sentiment.
1 Mr.. Mcclure was in the chair during
i the early proceedings and Mr. Good
/ presented the repeating ordinance rela-
Ktive TO light rates. This ordinance de-
!. clared that doubts having arisen as to-
| the legality of the passage of the ordi-
/ nance described and ON the manner of
1 voting for the same. that the same be
/ repealed. The ordinance was passed to-
Its first reading, and as the necessary
! number of councilman We're not pres
1 ent to- suspend the rules it had been
/ arranged to adjourn until Friday even-
Ling to finish the killing process.
Just as&tflis was about to be done
/ however, the mayor and Councilman
! Harris appeared. The council again
took up th.s ordinance with the idea Of
i passing it under suspension OF the
rules. but before proceeding further
l5Ceuncilman Fisher asked that City So-
islicitor Evans explain TO the council
What would be accomplished by the old
i ordinances repeal, and ii he was SUR.
4 the new ordinance repeating the old
| rates would be legal. in the face of the
/ injunction issued by the federal court
| restraining the council from doing
4 divers things.
Attorney Evans explained that much
4 doubt had arisen relative to the meth
4 DDS of the passage of the rate ordi-3
4 nance, and in his opinion its repeal
a would have no effect on the injunction.
4 He said the city would be taking no
i backward position, but after repeating
4 the old could pass an ordinance that
d scould be tried on its merits and not on
la technicality. There was not much
I doubt as To the iliegaiitys4 the rate
n ordinance. because on its passage the
4 vote had stood four to four and the
4 mayor waited until a subsequent neet-
ling before declaring the same adopted
i by voting We. Mr.. Evans believed the
i 3effect Of its repeal would be the dismiss
4 sal of the present suit against the city.
i Mayor Pierce opposed the repeating
5Eordinance because theapresent rate or
4 dinance had superseded all previous
4 ones, and If this was repealed the city
4 would be absolutely without an ordi-
Il finance establishing rates. Ii would
4 leave the matter open for the electric
Il ,companys to come In With an injunction
\ Restraining the council from passing n
i new one. The mayor said that under the
circumstances he would be competed 10
4 Neto the repeal il 1t We're adopted. DIR.
Harris also opposed the repeal, and
i when it WAS proposed hat the 9attor-s
staneys fer the electric company might
s|sagree to the dismissal of tile present
@lssuit. with the understanding that a new.
i ordinance would be properly passed
i and could then be tried Oh its merits
4 the balance Of the council fall into line
4 and the repeating ordinance was left
It Slumbering34 1llaitSS second reading a3