Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1900-06-19

uses;and had theright to grant Tho u
OF streets for such purpo ses. ThloI
isl conceded, but IL II claimed on tl
part Of the defend ants that the con-
tracts were. invalid, because mad6
for an unreasonable length 81 TIM,
at rates to be paid which were llllysI
reasonably high. 5s5 sSs
Il Contracts on the part Of q munic
ipality for the supply to the munics
ipality and to Its citizens Of watef
and light, are not made In the ex4r
5cise d the governmental poweGsF
vested ID the municipal council, but.
OF its proprietary or business powers
.Itfs acting for the private bench of
itself and It's inhabitants, and itS
contracts of that character are gov
erned by the same rules that govern!
contracts OF private Individuals and
corporations, Illinois Trust com
pany va. City Of Arkansas City, Al
g. c. A., 186, and cases cited. 3ss
There is in this case no allegation
or pretence Of any actual deception,
or fraud on the part Of the COM
plainant orits grantors In obtain.
ing the franchises and contracts
from the village or the city; or sof
misconduct or unfaithfulness on the
part OF the village or city councils I'm
granting such franchises and entering
into such contracts. Tt is charged
that larger number OF lights and
:of hydrants than were necessary
were contracted for, but that was a
matter for the Judgment and die
erection of the councils who made the
contracts, and the evidence shows
that all have been used by the city
and the number OF each has been
voluntarily increased from time to-
time to time by subsequent councils.
The defendants also claim that the
rates to be paid by the city Tor
water and lights is unreaso nably
high. This again was matter of3
contract and agreement. It does
not appear that at the time these
contracts were made, any one else
was willing to construct and operate
such works at that place upon better
terms, or to furnish water or. lights
at lower rates; and compared with
rates obtained in other cities, as
shown by the evidence, the rates in
this instance, though liberal, do not
appear to be unreasonable. The
most serious contention Of the de
PENDANTS is that these contracts were
invalid, as attempting to bind the
city for an unreasonable length 81
time; and the holding of our state
supreme court In Flynn vs. Little
Falls Electric & Water company, IA
Mimi, $50, is relied upon as sustain
ing this contention in respect to the
very contract for water supply now
under consideration That case does
not hold that the municip nty' could
not make such q contract fora term
of thirty years, If favorable and
reasonable In other respects; but
that contract for such q length of
time, requiring the city to pay for
between thirty-flve and forty
per cent more hydrants than
it's needs required, at one
hundred per. cent more than their
value, as admitted by the demnrrerin
that case was unreasonable and void.
On re-argument even this statement
Of the law is obseured and buried,
under a mass of superlatives. There
is no doubt that such a contract as
the demurrer admitted in that case,
would be void as showing on it's face
that the council had either been
grossly imposed upon or had acted.
in bad faith; and the length of time
during which the city was to be
bound by such admittedly outrag-
GUS stipulations, even II for twenty.
or fifteen years, would be a very Inn
portant element In the fraud. No au-
thority is cited to tending sustain the
proposition that thirty years is an:
unreasonable length Of time for q
contract to supply acity with water.
and from the evidence adduced and
cases cited on the hearing in this
case it appears to be not an-.unusual
length Of time. Considerable invest
ments Of capital seek long terms.
Thirty years is not an unusual
length Of time for: the running Of
municipal bonds, whore after the
periodical payment Of interest the
whole capital invested ID returned IN
cash at the maturity Of the bonds.
The capital invested in q water 81
light plant is subject to haszards
from the elements and other dangers,
and Is permanently expended; and
no prudent person wOuld make aucl,