Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-08-08
COUNCIL PROCEEDINGS.

8
Carthy, Hill and Bo1es.
Minutes of last meeting read and
approved.
Street committee reported on the
petition of G. w. Mason and others
and recommended that the curb stone
on Front street, west side, be placed
II ft. from the street line.
On motion the recommendation of
street committee was adopted.
City attorney made the following
report:
To the Hon., the mayor and common
council of the city Of Grand Rapids,
Wood County, Wisconsin:
On the matter of Grand Rapids
Lighting & Power company franchise
referred to me as city attorney at your
last meeting, / beg leave to report as
follows:
No application for this franchise
has been made or published as re-
quired by Sec. 940b. r. S. 1898. Said
statute provides that 'nO franchise
shall be granted by any common
council until the application therefore
containing the substance of the
privileges asked for shall be filed with
the city clerk and be published at the
expense Of the applicant in the official
paper of the city for not less than two
weeks previous to action on such
application by such cOuncil'' etc.
This provision requires l. That
such application should be in writing
and filed with the city clerk for the
time specified; 2. That such applica-
tion be published for the time and in
the manner stated: and 3. That
proper proof of such application be
made and filed.
The word application" here means
notice IN. writing stating that a
person or corporation named will
apply to the council for the granting
of franchise at time and place
stated, and further must contain at
least 1.-The substance of the privileges
asked for" This statute has in no
particular been complied with. The
form of an ordinance was published,
nothing, more.
A franchise is contract and every
contract should have at least tW
known parties.
Who or what is the Grand Rapids
Lighting & Power company? You
were notified at the outset that this
information would be denied to you.
1t is not Wisconsin corporation. [
doubt if it be corporation at all. 1t
is simply name under which any one
may assume ownership and make this
franchise, if granted, the subject Of
barter, probably illegitimate, by way
OF "hOlding up" some person or cor
poration which might in good faith
desire to traverse this territory with
an electric railway. The statute re-
ferred to is for the protection of the
city and requires that the council and
the citizens of the city should be
placed in possession Of all material
information, that it may exercise with
wisdom this important power. TO
attempt to evade this statue would
certainly work serious injury to the
city in more ways than one. You
should vote refusing to make the
grant.
If however, application had been
properly made | would nevertheless
recommend that it be denied.
This franchise is patterned after
franchises common fifty years ago and
contains none of the safeguards
which long, expensive and bitter
litigation in other places have demon
strated to be necessary for the proper
protection Of the city. 1t is exclusive
for period of fifty years, and even
goes so far as to donate the use of our
bridge, a structure wholly untitled in
strength and plan for the service.
This, however, is matter of detail and
/ will call attention to but two points,
which | think fundamental.
l. Lit is apparent that street rail
way and certainly the one proposed
would be of no benefit to our city at
the present time. While the proposed
franchise pretends to service of this
kind, yet it provides for running of
cars not Oftener than every two
hours. An electric line passing
through and connecting the different
cities and villages and towns in the
Wisconsin River Valley for the
purpose Of passenger and freight
transportation might be of value.
This franchise does not pretend to
furnish any service of this kind, and
this council should take no favorable
action on any proposed franchise
unless the same comes from some cor
poration of the State of Wisconsin,
whose Charter declares it's purposes
and which is backed by men of
reliability and standing.
\ franchise like the one before you
tonight would grant the owner eX.
elusive possession of this territory
territory necessary to be traverSed by
an electric line running through and
connecting the cities of this valley
hinder and delay its construction and
ultimately ''hold it up" to his own
enrichment. This has been done in
other places.
Franchises granted cannot be readily
recalled. In truth the city has not
the power to recall. The state has
vested in the council as one of its
instrumentalitieS the power to grant
franchises that affect the city directly
in local sense, upon the suppositior
that the council will exercise that
right with caution and Judgment
But once the council has made the
grant it is only at the suit of the state
directly, or by it's express sanction on
due application and due cause shown
that these franchises can be annulled
And experience teaches that to annu
a franchise once granted is no easy
proposition.
2 Franchises, and especially street
railway franchises, are property will
commercial value and for which the
municipalities granting them are
entitled to pay, either by sale out
right as provided by Secs 94Oc. to 94Oi
inclusive, or by license fees, as pro
yided in Sec 1863 as amended. The
proposed franchise is exclusive for The
period of fifty years, grants the right
to use our bridges and streets TO
street railway service. This council
ought to hesitate before it votes
away gratuitously 50 important righ
and it may be very valuable propert,
to any one and especially when i