The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-03-02
SAYS LOWER GAS
| GAN BE FORCED
AID. PLATT b. WALKER Defends
HIS POSITION.
Sees No Reason why Council Should
Not Make Move to Secure All Bene-
fits from Present Agitation Over
Lighting Contracts Believes No Lee
gal Obstacles Bar Way.

still maintain that there Is no
legal obstacle to prevent the city from
forcing the Minneapolis Gas company
to grant it a lower price for gas or to
arbitrate the Justice of their charges, -
yesterday declared Alderman Plat B.
Walker, who introduced an ordinance to
that effect at the last meeting Of the
city council. ,..,r= ts.-
Speaking Of the legal points raised
in an article In yesterdays j ournal
he said: Immediately after the in
PRODUCTION Of my motion making de-
mand on the gas company, my attention Q
m men u have ~ Sought sought the s advice Of
competent attorney we'll posted on mu-
nicipal laws and especially Informed on
the provisions Of our charter He as
sures me that the council would be act
ing within it's rights in passing my
motion and carrying out it's provisions.
Now Has No Contract.
"There can be no disputing the fact
that the city now has no contract with
any company for lighting the city, ex-
cept those embodied in the resolutions
passed by the last council authorizing
the three companies to supply the city
with light from day to day, subject to
the will and pleasure of the council.
city have been declared illegal and &C
cordingly are null and void. The fact
that the Patterson company has ap
pealed to higher court does not affect
the law as it stands now. AS far as
the Minneapolis Gas company is con-
cerned it has not appealed from Judge
Brown g decision. Therefore, should the
Patterson company abandon it's case be-
Gas company or the General Electric
company will have to abide by the de-
cision Of the district court, not having
filed a notice Of appeal within the statu-
tory time. - .
lower court does not in any case give
the claimants any rights, and g decision
from the court must stand as final until
reversed by q higher court: Pending
the adjudication Of the legality Of the
councils act in awarding a contract by
motion the city council must use due
caution not to assume double liability,
otherwise it is free to take such action
as it considers is for the best interest
Of the city. ~. -. ~
All Clear Sailing. d..
"My motion stipulates that the re-
duced price Of gas shall 90 into effect
June 1, the latest date when a decision
from the supreme court Is expected.
Our charter provides for securing pro-
posals for furnishing any material or
services to, perform months before the
tract. A clause in the franchise
granted the Minneapolis Gas company
empowers the city council to demand a
lower price for gas whenever it consid-
ers the price is not just and equitable.
So far as I have been able to ascertain,
the council may demand a reduction
the same to take effect one or even two
years In the future. =:
"My object in seeking an adjust.
ment in the price Of gas now is to put
the council in position to secure lower
prices Immediately upon the decision
from the supreme court. The only
possible effect Of reversal Of Judge
Browns decision upon any compromise
, agreement or a decision Of arbitrators
would be that any reduction in the
price Of gas might have to be deferred
until Jan. l, 1907. -. ~.
g.. No Reason for Delay. ~
IT see no reason for delay now ani
shall endeavor to get favorable report
on my motion from the gas committee
and later it's final adoption by the coun
to arbitrate the price charged consum
ers for gas, yet any reduction to thu
, city should be accompanied by a reduo
, tion to the public and I believe any ar
bitrator would so decide. - 49,
!, "I am confident that the members o:
the city council will not, permit any fea,
of legal entanglements to frightel
them into inactivity or result In tn
abandonment of this effort to secure ;
reasonable price for gas. The public
is now thoroly aroused and will certain
r ly call the members Of the city council
to account for any failure to perform
their manifest duty