Belding banner. (Belding, Mich.) 1889-1918, 1901-07-25
CITY WINS THE CASE.
Ele ectric Light suit Ended at Last
Has Been in the Courts
Over Two Years.

1nere Is an enQ 10 dll lHihSS, anu
the word ''finis' is now written in the
case of the Belding Land 4 Improve
ment, Co. VS.. the City of Belding,
commonly spoken of as the electric
light case, which has been fought
through the lower courts and finished
i'm the supreme court, that august
body having rung down the curtain by
its decision handed down last week,
reafiirming that of the lower court
and awarding the case to the defend
ants. 1t only remains now to figure
up the costs and pay the bill, and 1T is
safe to say that it has cost all the
parties involved tidy sum.
The question of street lighting for
the city is settled so far as we can see
until the expiration of the present
contract with the Citizens Light Co.,
which has a little over two years yet
to run, when new bids will have to be
made and with two companies in the
field and anxious to secure the busi-
ness 1t looks as though the city might
be in shape to get lights very cheap.
This ought to be pleasing outlook to
citizens who are interested in neither
side of this fight between the two
companies, but are only interested in
securing lights as cheaply as possible.
The decision of the supreme court,
which is written by Judge Hooker and
concurred in by the other justices, is
quite lengthy and covers quite num-
ber of pages typewriter copy. Some
of the principal points are as follows:
at the year 1895 the city advertised
for bids for street lighting, and the
Spencer Electric company made a
proposition which it afterwards with
drew, when another offer was accept
ed, and a conditional contract was
made with some citizens to form a
corporation, erect plant, and fur
nish street lights for stipulated
price,
1.-The bill in this cause was filed to
enioin the carrying out of the con-
tract, and was dismissed upon the
hearing. The complainant has APP
pealed.
''The grounds upon which COM
plaintant asks relief are, lst, That
the council has no authority to make
the contract under the law. I'd, That
it has not complied with the law, and
3D.. That there was collusion between
the council or its member, and the
persons with whom they sought to
contract. to prevent competitive bid
ding.
"There are two sources from which
Belding might derive authority to
make its contract, first its charter,
second act No. 1856, laws of 1891, Comp.
laws sec. 3440, etc. Either is sufficient,
if authority can be found in it.
"Act lS6 is an independent act, and
is held to apply to all cities of the
prescribed class, which were in exist
ence when it was passed, or have been
created since. 1t is contended that
it cannot apply to a city, whose char
ter does not provide the manner for
letting contracts for public lighting,
which. il is said the charter of Beld
ing does not This seems to us a
forced construction, more reason
able one being, that it applies to al
cities. but requires conformity tC
charter requirements when they ex
list. The letting of contract for a
period of ten years is not so compli-
Gated a transaction as to require spe
cifc provisions for so doing. In the
absence of charter provisions the
Icouncil may make contract witt
any one whom it chooses.
'It is claimed that act lS6 canno'
apply to Belding which has a specia
charter passed two years after the
enactment of act 1856. We see no diff
ference i'm this respect, between
city specially chartered, and one or
ganized under the provisions OF the
general statute.
at is complaintant's claim, tha
before it could so, it was necessary t.
submit the question, whether or no
the electors would avail themselve'
of the provisions of the act, and tha
this could only be done upon peti
tion of 100 freeholders, and resolu
tion which gave the electors the op
portunity to deternie whether the.
would have contract or municipa
plant.
"Sec. , of act 1876 should be reason
ably construed. 1t adopts act five O
the session laws of 1870, but as tha
act nowhere alludes to contracts, an
was designed only to provide for tn
erection of municipal plants, it shoul
not and cannot be held, to prescribe
method for contracting.
moreover, said Sec. 2, provide
that the council may have power I
take action under Act 1856, wheneve
z II shaI1- NV resolution declare il to h