The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-13
MAY GET FRANCHISE
ALDERMANIC COMMITTEE ON
STREETS ENDORSES IMPERIAL
MANUFACTURING COMPANY
RIGHT TO HEAT AND LIGHT
Objections Suggested by Corpora
ton Attorney Are Accepted by
Company and Amended Ordi-
nance Approved.

The committee on streets of the board
OF aldermen yesterday placed the stamp
OF approval on an ordinance granting to
the Imperial Manufacturing company, a
ST. Paul concern, franchise permitting
| them to engage in the lighting and heat
ing business in the SANITY City
With the exception of Aid Dahlquist
who answered an emphatic Mo- the ap-
prevail of the ordinance was unanimous
though breakers ahead were whispered
the stumbling block being expected in
the assembly
Consideration of the grant was made a
special order of business, and this fact
was responsible for the presence of a
number of interested parties, among them
pelng representatives of the gas company
ana also several of the labor unions, who
see in the establishment of central
heating plant the passing of their occu-
patton
preliminary to the consideration of the
ordnance, which has been before the
committee for nearly a month. an opin-
ION from Corporation Attorney Markham
bearing on the matter in hand was read.
II was broad and complete and practical
ly laid mailed hand on the ordinance
under consideration, but the representa-
tlVes or the company were prepared and
without delay new ordinance. embody-
ing many of the suggestions made by
'he department, was introduced in its
stead
With no fewer than three companies
seeking an entrance into the lighting
ana heating field in ST. Paul the opinion
was broad one, though to all intents
dealing only with the subject under con-
sheraton
deprived of its technicalities, the opin-
ION in brief was as follows:
MARKHAMs OPINION.
me ordinance grants too large an area.
Assuming that the company intends 10
engage extensively in the business au-
thorized by the ordinance, it could nor
Tor many years use more than a small
portion OF the territory defined Certain
sueets should be specified or the ordi-
nance arranged so that the council should
De called upon for the use of certain
needed ~
The major portion of the territory spe
clpeo is IN the underground district,
Were strenuous efforts have been MAIDS
ana are now on, to have the existing
wires PLACED beneath the surface of the
street. The ordinance authorizes over
head construction, and while reserying
the right to order the same underground
the time for such is in doubt, and would
inevitably result in litigation
The ordinance does not reserve TO The
city the right to regulate the rates 10
De charged for public service. Substan-
t!ally no provisions are made requiring
the grantees to use the rights granted
them.
"A certain amount of material to be
put IN upon a certain number of miles
OF streets and within a certain time,
should be demanded, and a ce. tain def
nlIe amount prescribed each year there
after.
Competition should be encouraged by
a a; provision prohibiting the transfer Of
rights to any competing company
In return for the grant a provision
might be inserted obligating the grantee.
II called upon to do So to furnish the citv
ana its public buildings light free of
charge, or at a maximum rate to be de-
termlned. upon by impartial arbitration
The provision providing for reduction
OF elimination of the 8 per cent gross
earnings tax, in the event of it's repeal I
consider does not comply with the. char
ter:
The ordinance does not comply with
the charter in that it fails to provide for
forfeiture of privileges in the event Of
failure to live up to the requirements of
the ordinance. While personally l am
not in favor: as general rule, of munic-
lpal ownership of light and heating
plants, very large portion of our peo-
pie take the view that municipal owner
ship is desirable. | think all ordinances
OF this character should contain a pro-
VISION authorizing the city to purchase
the plant at an appraised value, at
hXed time or at any one of a number of
definite periods specified in the ordinance.
MICHAEL WAS READY.
Anticipating the opinion. Attorney
Mlchael, the legal representative of the
company, rendered the committee a new
ordinance,it embodying in a degree many
OF the suggestions offered by the cor
poratlon attorney and being legalized to
conform with the charter to the extent
of having stricken out the offending fea-
lures shown by Mr.. Markham
Briefly, the features of the new ordi-
nance were reduction in the territory
to be covered, being confined exclusive
ly to the business district: a $4,000 bond
to indemnify the city against loss on
the failure to complete the contract and
the disturbing of it's streets; acceptance
of the franchise ninety days after it's
passage and promise to expend at least
100000 in the construction of the plant
the first year
The corporation attorneys suggestion
that provisions be made to purchase the
plant whenever. desired by the city Or
the furnishing of the city with free
light, did not appeal to the committee
and the ordinance was approved with
out further amending
Attorney Michaels assured the commit
tee that the company was a bona fide one
was prepared to spend $500, 900 to start
with, and meant business d. D. Law
Ter, who also appeared for the COM
pany, said his clients were anxious to go
ahead and pleaded for haste in the con-
sideration of the ordinance He said
the coming of the company meant relief
from excessive rates that now prevailed
and had been in existence for years. The
Gas company, he said, seemed to be the
only ons who were worried about the
new concern, it's principal hope being in
the securing of delays that would in the
end place the city at it's mercy.
Representatives of the Engineers union
appeared to protest against the grant On
the ground that it meant the closing
down of individual plants and the throw
ing of many out of employment, but
their plea was disregarded by the COM
mittee