The Montgomery advertiser., 1903-10-13
NEWS OF GADsDEN.
City Wins in Franchise Litigation
 Against Mitchell and Weller.

S46y W AhS HI 64aAChlbC AkutAOAA Against Mitchell and Weller. Gadsden, Oct 11.-(Special)-In the equity division of the City Court of Gads. den. the city has won the first legal tilt with R. A. Mitchell and w. H. Weller in the dispute over the franchise granted by the City Council to them for a water works system.
 It will be remembered that during the Blackwood administration a franchise was granted to Weller and Mitchell to construct and operate a system of water works in Gadsden and all the rates were fixed in the franchise for fire, hydraulic and domestic rates. When the present ad- minstration was installed, the first thing they did was to revoke the franchise, when the grantees filed bill of complaint in the Chancery Court asking that the Mayor and Aldermen be restrained from interfering with the complainants in the construction of the water system, and that the city be made to carry out the contract.
 The case was argued several weeks ago before Judge J. H. Disque, and today he handed down his decision dismissing the case for want of equity. Judge Disque holds that the most important question involved is the validity of the contract sought to be enforced by the romplain- ants against the city, Whether the con- tract is illegal entirely or in part does 1t violate the entire' contract or only that part which Is illegal. and whether that part of the agreement which is illegal is cured by the amendment to the bill" Judge Disque holds that Section 9 of the present Constitution which provides that no ex post facto law nor any laws inn pairing the obligation of contracts, or making irrevokable grants of spehial priv ileges or immunities shall be passed by the Legislatures and every grant or fran chise, privilege or immunity shall for ever remain subject to revocation, altera- ton or amendment" is a contravention of the mandates of the Constitution. In other words, the city has no right to grant any exclusive franchise over the streets for the purposes indicated in the agreement. It Is also held that the city's promise to do something 1t had no power of carrying into effect makes the whole of the contract illegal, and he cites the authorities at length on this subject. The and Mitchell to the Supreme Court and a bitter fight will be waged in the courts.
 Merchants Assciatin Organized.
 The Merchants Association of Gadsden was permanently organized Friday night by the election of Louie Loveman as President and Clay Leath as Secretary. Seventeen of the merchants joined and more will join at once. The object of the association is for mutual protection and for organized effort in any civic under taking.
 Steel Plant P: ,ssing.
 Progress at the steel plant the past week has been very satisfactory. The contractors have begun to lay the roofing and siding on the large buildings. the framing being about completed. Wo k is being pushed on the bloomery, while the foundation work and the gas conduits are rapidly nearing completion. At the fur mace the incline skip hoist is being erect ed and the finishing up of the crucible of the main stack is under way. The smoke stacks to the nine boilers will be raised this week.
 Grand Jury Reports.
 The City Court grand jury adjourned Saturday afternoon after three weeks of arduous duties and returned into court SS true bills, the largest number in sev- eral years. They report the roads in good condition, as well as the convict de- pertinent and the court house and pau per farm. The jail comes in for a denun- citation for the unclean condition, while the city jails of Gadsden and Attalla are condemned in no uncertain terms. They are reported as very filthy and unsanl- tary. The grand jury urges the erection of new buildings and better ones The calaboose at Alabama City was found in a clean condition.
 School Honor Roll.
 The honor roll of the Gadsden Pub ic schools for the month of September has been published, and the list shows that only 5S out of over 500 made the average of 95 per cent which they must make in scholarship and department to get on the