Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-08-20

lights. Propositions from tne ConSoIl-
dated company to furnish lights for GER
tain periods were also received. Another
meeting of the committee will be held
tonight
City Attorney Browns opinion was as
follows:
CITY ATTORNEYS OPINION.
The following questions have been sub
mitted to me.
I. What rights has the city under the
present contract for street lights after
Sept. 6. 1909?
In reply to this question I can only say
that the contract terminates Sept. g. 1903
and after that date. so far as the con-
tinuance of lights is concerned, the city
can have no rights under it.
g. Can the city compel the lighting
company by legal proceedings, If neces-
sary. to furnish its lights?
In my opinion the refusal by the com
pany to furnish reasonable number of
lights and at reasonable prices to the city
would be a plain abuse of it's franchise
and the city could by writ of mandamus
or other proper process compel the fur
nishing of such lights. This would only
be compelling the company to perform a
public duty which they implicitly under
took to perform by accepting the fran
chisc.
The propositions from the Consoli-
OlteO tleCtrlC company were cHDOuleu
in the following letter.
John j. Shea, Esq, Chairman of Special
Committee on Street Lighting.
Dear Sir: In January last this company
called the attention of the mayor and
board of aldermen to the fact that it was
in position to renew at n reduced price
its contract with the city expiring Sep
temher s. 1903, and to cancel its present
contract as of March l, 1908
one object in making the proposition
to allow the new contract to become OPP
erative in March. was the advantage of
being able to install the new electrical
equipment and lamps during the summer
season in case the proposition was ac-
cepted.
OF course every one appreciates that
the price of such installation would be
considerable smaller had the work been
done in the early spring and summer,
instead of late summer and fall when
the days are constantly growing shorter
and colder.
On May q, 1903. al the request of your
committee the company submitted a
proposition to furnish the most modern
form of enclosed arc street lamps for
$500 per year: nothing was said about
the number but it was assumed that IT
covered substantially the number now in
use and would thus continue throughout
the period of FIVE wears. OF course addi-
tional lights would from time to time be
called for as new streets are opened and
tho city expands. but the annual in
crease will as in the past, be quite small
1t Will also be recognized that
it costs more to install a single light
after the original installation than it
would to install it with all the others. In
addition to this we 60 rental for a
shorter period than five years, and as
the five years nearS its completion the
rental on the light is not enough to cover
the cost of the installation. II your COM
mttee desires to consider a proposition
covering ten years and the present num-
Der of street lights with such additions
as may from time to time be ordered We
will furnish that number for that term
of years al 5000 per year per light
If the number of lights were to he in
creased to the number mentioned in Pro-
icSSor Frecdmans report, viz, three hum
dred. we woulG undertake to supply that
number for a term Of five years at the
minimum price named by him viz SCI. So
or for a period of ten years al 5000 per
year per light.
Quite recently your committee asked
this company for a proposition to furnish
lights for one year from September D.
1908. and in response we wrote your COM
mittee a letter setting forth the difficult
ties in making You such proposition.
You ask for a price for one year with
the privilege Of five. If We named you a
price Tor one year that would make us
whole, it would he too high for five years
If we name YOU reasonable price for
five years, and you elect to use the ser
vice for only one year. then We would
he heavy losers.
The present equipment might be made
use OF for one year. but not longer to any
advantage. II the contract were to he in
force for only one year. we could not af
ford to install any additional street lights
unless the city would bear the entire ox-
pense Of such installation.
Up to the present time this company
has evidently not named price satisfac-
tory to your committee; but your com
mittee has not in behalf OF the city OF
Burlington submitted any proposition TO
this company
We are therefore writing you this letter
to request your committee to submit