The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-12

agreed upon might be thereafter and
from time, to time be altered at the
pleasure Of the city alone? VIII It be
believed the parties thus understood
the meaning OF that provision? It
would hardly be credible that capital
lists about to invest money In what
was then somewhat uncertain ven
ture, while procuring the consent Of
the city to lay it's rails and operate its
road through the streets, in language
which as to the rate OF fare amounted
to contract, and gave the company a
right to charge d rate then deemed
essential for the financial success of
the enterprise, would at the same
time consent that such rate tfren
agreed upon should be subject to
change from time to time by the sole
decision of the common council. It
would rather seem that the Language
above used did not and was nos In
tended to give the right to the common
council to change at its pleasure from
time to time, those important arl fun
damental rights affecting the very en-
istence and financial success of tine
company In the operation of its road
but that by the use of such language
there was simply reserved to the city
council the right from tim. to. time
to add to or alter those general reg,,
lations or rules for the proper, safe
and efficient running of the cars, Tie
character of service, the speed and
number of cars and their hours of op.
Grafton and matter of like nature. y 50
Coming to a consideration of the Ell
feet of the language used Tin thu Oh
dinance above quoted! we think u
amounted to contract as to rates of
fare; nor does the language Of the o.-
dinance, which provides that the rate
of fare for one passenger sta;l not be
more than 5 cents, give any right to
the city to reduce it below the rate Of
5 cents established by the company.
In Cleveland VS.. Co.,. supra, the or
dinance provided, that for single
fare from one point to any point on
the line or branch of the consolidate
road no greater charge than 5 cents
shall be collected" Among other
things the court says, eve can see
no escape from the conclusion that
the ordinances were intended to lie
agreements binding upon boa parties
definitely fixing the rates or fare
which might be thereafter collected"
Sub. 3 of the Dakota Gas & Fuel
franchise provides: "The gas fur
nished to be of not less thaa Is candle
power and the price of gas not 70 ex-
coed three dollars per Thousand feet
and in case of payment oa or befo.,,
ten days next after the expiration OF
the month in which the gas is usei
by such consumers then y rebate Of
fifty cents per thousand cubic feet is
to be allowed each consumer making
payment as aforesaid providing the
rebate shall not apply to straet lamps
and public buildings. The supply
and price thereof ia be subject to
special agreement"
Assuming the validity of the or
dinance 1 can see no escape from the
conclusion that the. rate of compen-
sation is embraced within it's terms
as contract and that, even though
the municipality had been authorized
to fix rates by the special delegation
of power from the states yet such.
power could not be exercised to i'm
pair the rights created thereby.
Power Over Rates.
am of the opinion therefore that