Evening journal., 1905-05-26
CAN CONSTRUCT
LIGHTING PLAN I
City Solicitor Harman Says
Council Has All the Au-
thority Needed
MAYOR BIRD FAVORS MOVE

Mayor Charles ID. Bird and City Solicit
or Robert c. Harman were interesting
observers of tine proceedings Of City Coun-
ell last evening. Following the transac-
ton Of the business OF that body, presl-
dent Francis J. McNulty invited the
Mayor to make a few remarks concerning
the welfare of the city and the work Of
the various departments Of the city gov
ernment
Mayor Bird congratulated the members
OF Council fof their good work during the
past two years. He said that II Council
would associate with the other city de-
partments more, he believed the city
would be greatly benefited.
Il am a firm believer in municipal own
ership," said Mayor Bird, "and / believe
that if the Water Department by the aid
of Council. viii erect lighting plant the
city will save $4,000 annually He said he
understood that the cost OF lighting the
city at present was S55.oOo annually and
he believed this amount could be cut In
half if the city had its own plant.
MR.. HARMANs OPINION
Mr.. Harman was asked TO explain the
legal status Of the city's right 20 estab-
lish lighting plant OF It's own. He said.
"There has been quite a little said about
the power Of City Council to establish a
municipal lighting plant particularly IN
the Republican press 10 mislead the pub.
lie into the belief that the Democrat,
party IS using the municipal ownership
question as a blun. fake and done foi
the purpose Of making votes. AS a mattel
OF fact / expressed myself in favor OF
municipal ownership when the Otto Gai
Company applied to the Street and sewel
/ Department for a franchise TO manu-
facture and istribute gas. This was at
time when the election was not though
Of and / had no idea OF ever being callci
upon again to express my opinion on tn
matter.
'The City Council through the Stree
and Sewer Commission has the power 1
construct a municipal lighting plant an
my authority for 80 believing is found O
page &c. section 81 OF the city charter
which says:
The Council shall have power 10 en-
act ordinances to provide for the prop,
lighting Of streets. squares. lanes and a
ieys Of said city. and IN its discretion
provide for the payment Of tho oxpens,
thereof.
lie declared that this authority was
I broad as was needed. that thero were !
Z conditions and that the only llmitatie
was the sinking fund act which provide
s that whatever expenses in the constrib
tion or operation Of such a plant may
created as long as they are met out
b the current expenses there will be no oI
lection
He expressed the opinion that this a.
did not apply to the case and that Counc
7; had ample authority TO erect plant 4,
: lighting the city
When the Street and Sewer Commi
sion was created by an act of the Legi
, lature. the powers which Council held
r regard to streets and sewers and sire
D lighting were transferred TO that bod
o Consequently the Street and Sewer ID
n partment would be the body to pass tipe
e the matter, it having the power former
- possessed by City Council.
e In conclusion Mr.. Harman said:
4 "The city cannot supply gas or ele
e tricity TO the public, but in my opinion
can manufacture either for its own use