Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1900-06-22

]. 5S
rates. obtai1elz iii other cities, as
shown by the evidence. the rates i'll
! 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 OF
time: and the holding Of our state
supreme court in Flynn VS.. Little
Falls Electric & Water company, IA
Mimi. 1870, 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 municipality could
not make such a contract for a term
OF thirty years, if favorable and
reasonable in other respects; but
that a contract for such length OF
time, requiring the city to pay for
between thirty-five and forty
per cent more hydrants than
it, needs, required, at one
hundred per cent more than their
/ value, AS admitted by the demurrerin
that case was unreasonable and void.
On re-argument even this statement
OF the law is Obsrured and buried
under a mass Of superlatiyes. 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 if for twenty
or fifteen years, would be a very i'm
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
contract to supply a city 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, where after the
periodical payment of interest the
whole capital invested is returned in
cash at the maturity Of the bonds.
The capital invested in a water or
light plant is subject to hazards
from the elements and other dangers,
and is permanently expended; and
no prudent person would make such
an investment except upon a con-
tract for a fairly long term OF years.
In the light of all the evidence in the
case it cannot be said that these con-
tracts were unreasonable in respect
to the time they were to run. or
that they were not in every other
respect honestly, intelligently and
fairly entered into, and as favorable
for the city OF Little Falls as that
city could have obtained at the time
they were made and entered into.
1t follows from the foregoing that
the ordinance, a copy of which
marked Exhibit A." is attached to
the compliments bill. as amended
by the ordinance, a copy Of which,
marked Exhibit B. is also attached
to said bill, both OF which were duly
accepted by W. NJ. Fuller and S.
StoI named therein, were and are
legal and valid, and vested in the
said w. NJ. Fuller and s. Stoll, and
their assigns, the rights, privileges
and franchises therein granted and
set forth, and together with the
resolution, copy OF which, marked
Exhibit F,' is attached to said bill,
constituted a valid and bindinglcOn-
tract between the said city OF Little
Falls and said Fuller and Stoll, and
their assigns, which rights, privi-
]eges, franchises and contract rights
were duly transferred to and vested
in the complainant by the said.Fuller
and Stoll, by the instrument, copy
of which marked Exhibit d. is at
tached to said bill. AS the COM
plainant within the time provided
for in said ordinances, constructed,
completed and had in use the system
of water works, in all thing as speci-
fed in said ordinance and] to the
satisfaction and acceptance OF the
council of said city, and hasl ever
since complied in all things with said
| ordinances and said contracts, and
all subsequent resolutions OF said
council set forth in said bill respect
ing additional hydrants and; water
service, the said city is obligated to
pay therefor, at the rates provided
for by said ordinance aud contracts,
an the mutual obligations OF the
! complainant and OF said city will
continue to the end OF the term OF
| +h;rtv voore fvnd nv, sold or1in ancoS