The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1903-03-27
Mankato Would Never Have a Street
Railway Line.
That Is, if the Proposed New Charter
Were Carried.
Competition in Lighting Would Also
Be Prevented.
Council Could Macadamize Certain
Streets Without Assessment.
From Thursdays Daily.

From Thursdays Daily.
4. E. Clark was asked his impressions
on the proposed new charter today, and
said:
L think the proposed charter should
not be ratified at the coming election.
The impression is quite general that the
members of the charter commission are
not in favor of its adoption in its present
form and this viii materially assist in
its defeat. The proposed charter is in
camplete. contains inaccuracies and also
embraces some provisions which, | think,
are Objectionable and should be eliminat-
ed OF materially modified, and undoubt-
edly, if the proposed charter is defeated
and new charter drawn by the present
commission in the light of their expert
ence, the many suggestions they have
received, and the changed condition of
the laws of the state, much more salts
factory document will result.
There is a provision of the proposed
charter to which special attention should
be called for the reason that if the
charter was complete and satisfactory
in every other particular, the provision
referred to ought to be sufficient to
encompass its defeat. Subdivision 80 Of
chapter of the proposed charter under
takes to define the powers of the common
council relative to granting franchises
for the construction and operation of
street railways and lighting plants, and
this subdivision provides in substance
that the common council shall not grant
TO any person or corporation any such
franchise unless and until such person
or corporation deposit with the city
treasurer not less than $1,000, and in any
event at least five per cent of the esti-
mated cost of the proposed improvement,
which sum shall be forfeited and become
the property of the city in case such i'm
provement is not made in the manner and
within the time prescribed by said COM
mon council in granting the said fran
chise. This is certainly an unwise re-
quirement and will prove perpetual and
effectual obstacle to enterprises ofgsuch
nature within the city of Mankato as call
for the expenditure of large sums of
money. Suppose the estimated cost of
contemplated improvement for which
franchise was required was 100000.
The person or corporation making the
application for franchise must deposit
with the city treasurer before fran
chise was granted the sum of $4,000, to
be forfeited unless the proposed improve
ment was made within the time and il,
the manner prescribed by the common
council Note, the franchise is to be
granted after such deposit and not be-
fore, the common council by such fran
chise is to determine the time and man
ner of performance. The applicant must
deposit his money before the franchise
is granted, and thereafter the conditions
of the franchise are fixed by the common
council and the applicant is given no
option to refuse to accept the franchise
If unsatisfactory and withdraw the de-
post In view of these facts, it is hardly
possible that any business man or con-
Germ would care to risk considerable
sum of money, unless prompted by
philanthropic desire to better the fnan-
cial condition of the city without hope
or expectation of earthly reward.
"The drastic provision contained in
section 2 of chapter 8, which declares
void as against the city any contract
or engagement made on behalf of the city
by any board, or department, or the
common council, but imposes personal
liability against the officers, members of
the board or members of the common
council making the same, will hardly
meet with public approval. Conceding
that public official who acts willfully,
corruptly or in bad faith should be liable
to the municipality for any loss or dam
age resulting from his malfeasance, still
his liability should be confined to cases
where such condition is established.
1t is altogether too harsh and unreason-
able rule which imposes upon public
official personal liability upon con-
tracts and obligations which he may en-
ter into in good faith in the honest dis
charge of his official duties and perhaps
in harmony with legal counsel. Lawyers