Waterbury evening Democrat., 1906-01-25

The board of finance held a meeting yesterday afternoon and took action on the contract entered into between the city of Waterbury and the Waterbury Traction Co, which requires the com pany to pay to the city per cent on all of its net earnings over per cent. and that children be carried for 3 cent fare. The matter of having this part of the contract lived up to has often been talked of. but it never was taken hold of i'll business like way before. and the public will watch the proceedings with considerable inter- est When it was decided to have an understanding about it, Mayor Thoms forwarded the following communica- ton to City Attorney John P. Kel- iogg:
 John P. Kellogg, Esq, City Attorney. City:
 Dear Sir: I wish you would let me know at your earliest convenience. by the 24th of this month at the latest. whether or not, in your opinion. the agreement between the Waterbury Traction Co and the city of Water bury, found on pages 131 and 132 of the journal of the court of common council for the year 1893. is at the present time valid, existing and en- forcible contract, and if in your opin- Jon 1t is such, who is the proper officer to examine the books of the company during the month of January. as pro- Fided in section 8 of such contract.
 An early reply will greatly oblige.
 Very truly yours.
 W. E. THOMS, Mayor.
 After giving the subject the atten- fion it demanded, Mir Kellogg replied as follows:
 January 2. 1906. Hon William E. Thoms. Mayor City of Waterbury, City:
 Dear Sir: In response to your re- quest for an opinion as to whether or not "the agreement between the Wa terbury Traction Co and the city of Waterbury found on pages 131 and 132 of the journal of the court of com mon council for the year 1893. is at the present time a valid, existing and enfOrcible contract. and if in your opinion 1t is such. who is the proper officer to examine the books of the company during the month of January. as provided in section of said con- tract" I would respectfully advise you that.
 The records of the court of common council, as referred to by you. disclose that a committee was appointed by the court of common council to confer with the officers of the Waterbury Traction Co concerning it's application 10 use electricity as a motive power. and that said committee duly reported to the meeting of the court of common council held September 25. 1893. that said application should he granted on certain terms and conditions. one of the conditions being section s. referred to by you. This report appears to have been accepted by the Waterbury Trac- tion Co. by A. NJ. Young, secretary, and adopted by said court of common council on said 25th day of September. 1893. It would therefore rertainly sp- pear that there was at that time a valid agreement entered into between the Waterbury Traction Go and the city containing the condition referred to by you.
 Section 4 of an act amending the charter of the Connecticut Railway and Lighting Go. passed by the general as- sembly at It's January session, 1901. reads as follows:
 Sec 4. Said Connecticut Railway and Lighting Co, formerly known as the Connecticut Lighting and Power Co. having purchased the property of the Central Railway and Electric Ca Southington and Huntsville Tramway Go. Waterbury Traction Co, Milford Street Railway Co. Derby Street Rail- way Co. the Shelton Street Railway Go, Bridgeport Traction Co. the Nor walk Street Railway Co. the Norwalk Tramway Co. the Westport and Sauga. tuck Electric Light Co. the Norwalk Gas Light Co and the Greenwich Gas and Electric Lighting Go. and having issued and delivered in consideration therefor it's stock. or bonds secured by mortgage. thereby became vested with all the rights. privileges and franchises of the aforesaid corporations. and by reason therefor it shall be and remain liable upon all the contracts. obliga. tions and causes of action. legal or equitable of each of such other cor. porations. and any judgment hereto fore or hereafter recovered against any such other corporation shall he en. forcible against said Connecticut Rail way and Lighting Co in the same man. ne- as though said judgment had been recovered against said last mentioned company.
 It necessarily follows that any agreements entered into by the Wa terbury Traction Co are binding upon the Connecticut Railway and Lighting Go under this provision of this act. and should therefore advise you. in ac cordance with the language of youl request. that the agreement between the Waterbury Traction Go and the city of Waterbury above referred to is at the present time a valid. existing snd enforcible contract with the Con necticut Railway and Lighting Co.
 In response 10 your section question would advise you. that the matter of any examination of the books. ir my opinion. is entirely under the juriS diction and control of the board oI finance.
 Respectfully.
 JOHN F. KELLOGG.