The free lance. (Fredericksburg, Va.) 1885-1926, 1905-05-23
MORE LIGHT
FURTHER INFORMATION ON THE
ELECTION TO Be HELD TUESDAY

4 great deal Ol uncertainty aud cOufu
sion seems 10 attend the proposed cIrc-
ton. ordered by the Council for May Did.
From expressions heard AT various times.
il seems to be the prevailing opinion that
a double election will be- held; that Is. an
election presenting the citizens al Fr'dcr-
! icksburg. under authority OF law. two
| distinct propositions. namely. For
| bond ISSUE or Against bond issue.
/ And second, For the sale of the electric
/ lighting plant or Against the salcui he
electric lighting plant Thisis u mistake
and misappnhension There will be-
one election and one proposition. legally
submitted To the voters Oi Fpdrrlch~
/ burg Tor thrirdeterninatiOn and decision.
This proposition and question is. For
bond issue or Against bond i~Sue
And should the voters determine hl their
ballots against bond ~~ur then no
bonds will be- issued Should they. how
ever. determine Tor bond lssur then
bonds will be- issued This is "a question.
authorized 10y law. 10 be- submitted to
the voters ol fredericksburg aud the
election Hereunder i~ a. much "a legal
election ~ the election Oi Mayor, ur
Council. or Congressman. or Governor.
1t il especnlly authorized hy law.
On the other hand. there is no author
ity OF law for submitting To the voters
the questions. For the sale of the clcc.
trc lighting plant and water power or
Against the sale OF the electric lighting
plant and water power The order ru.
tered by the Council. about April 22ud
4. fI I.ftftI
Question. also directs that poll be-
taken at the same time. To- test thc -.n~'
of the people. that Is. the dc~iW or choice
nf the people. whether HE electric light
ing plant be- sold and the contract m
connection herewith. ~ explained n
our columns Yesterday, be- ubr0gatcd or
whether the electric lighting plant henot
sold and the contract iucOnnectiunth there
with be not nhrogated.
The taking of the scnsr of the people
ON this latter question r. not am election,
nor will il have any binding legal iunr,
whichever way IL may be- carrird. The
result Of expressions of the people, or
voters ON the subject will be- simply per
/ smasiye with the Council. and will not
I bind il To the sule or withhold from ~nlr
the lighting plant, whichever way the
majority OF the voters expressions, a- m
/ dicated 10y their tickets, may 20. Aud
+ this connection. IL may be- said that the
f Fredericksburg Power Company. or mo-
other person. would purchase tine light
ing plant without acquiring al the sam"
time a franchise 10 de- business and mo-
company or person can acquire. ln adj
vance of the final action Toy lhr Council
any rights for "a franchise
The act of the General Assembly oi
+ Virginia. which provided for the granting
or sale OF franchises requires that thr
proposed franchise be- advertised no some
newspaper having general circulation.
and that bids be- invited for the ~amc
/ When these bids an all iu and ai 20 time
previously fixed i'm the ordinance al the
/ Council. the bids that have hcen received
arr required tu b. rrud and the laW pro
/ vidr- that il shall be- tine duty of the
+ Council. If 10 s,ys fit to make the plan to
accept the highest and best hld and To
enact the orliancc a. advertised without
substantial variation. except aa to the
insertion uf the name oi the accepted
bidder provided. that the Council may,
. liA "a IiNOltlfl WIZ ih % llAIHlNN Nt NV
members elected 10 the Council aud to-
ench franchise thrnuf n'jorta higher and
accept lower bid aud award the -nld
franchise. right or privilege. 90 oh" lower
bidder il in it, opinion some reason
affecting the interest of the city or town
makes it advisable 80 To do II will
be- observed that the clause III it ~'r~ fiji
10 make the plan j. in the quotation
from the law given above. This is %
power vested in the the Council by gnn-
eral law and is power nut vested in the
people. and mo- matter what sentiments
the people or voters may declare hy their
ballots, or rather tickets az the polls %
eNert-e or nOneNcrci~r said power stated
above j. vested in the Council. ami
solely in the Council and II not
vested M any other per~on or
body For this reason ~ well a~ by th"
plan from the statute the question sui
mtted 10 the sense of the people a. Ia "a
sale Of the electric lighting plant and
water power in connection Herewith l.
not submitted IN the -ence of a question
~ be- decided and finally and irnyocahly
decided los the people. but l. simply "a
taking OF the >ense of the people hy the
. Council and il not an election and is IN
mo- sense binding either ON the Council or
nn the Fredericksburg Power Co. or ON
any other person.