The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-03-20
CORL|S' OPINION ON
THE QUESTION OF
CITY GAS
Well Known Legal Authority
Agrees With City Attorney
Upon the Matter.

The question of the right of the city
OF Grand Forks to regulate the price
to be paid for gas is one of interest
to residents of the city. City Attorney
Geo. A. Bangs some time ago delivered
an exhaustive opinion upon the ques-
tion, the same being published in The
Evening Times.
The city attorney has had some cor
respondence with Judge Guy c. H. Cor
ltss siace then and the following SELL
explanatory letters will be of interest
to readers of The Evening Times.
From the reply of Judge Corliss it
will be seen that the opinion of the
city attorney to the effect that the city
has not the power y regulate the prices
to be charged for gas, is upheld. The
letters follow:
Hon. Guy c. H. corliss;; e;;tv.
Dear Sir.-while you We're Chief JUS
tiee. there came before the Supreme
State vs.; Brass (reported 2 N. D. 4s2. 52
sstoeser. 1853 U. s. ssl), in which case
power of the State to regulate elevator
of the court affirming such power.
council ! have recently furnished an
opinion In substance holding the city
Of Grand Forks to be without. power to
regulate the charges made by public
utility t1;aity, corporations for gas and cleo
The power Exercised by the munich
lie utility corporations is a delegation
OF OF the precise power affirmed as lodged
RrASQ n ho
of this question was before you in that
case l presume so far as to ask your
he city o ha oRs Of es esePss S m
same.
Thanking you in advance I beg leave
to remain,
rsEeeetlusA GEO. x BANGs.
>. Grand Forks. N. D.. March 10. 1906.
Hon. Geo. A. BangCsi gCitv.
Dear Sir.-I have your letter in which
power of this city. under the present
the rates % to be h Charged BY the Gas Gsaems coms
pany to private consumers for gas.
l have very carefully looked through
1st The power undoubtedly resides
view Of the fact that the business is is
In the nature Of a monopoly Is affected
by a public interest. and the gas COM
its business a public franchise to-wit:
transmission Of the gas to its con-
End. My second conclusion is that
nicipal corporation like the city Of
conferred upon the governing body of
Srd. The power to regulate gas rates
Ia in the last a 1vCfo 10 IN
termine the profits which the stock
holder in the corporation carrying on
wod the
tically confiscate the property OF the
to toe earn enough to s pay H fair rate at As Of in.
terest upon the stock; but before the
courts would interfere. a very decided
rates and earnings Of the gas company
power to regulate rates. It is there
exercise Of which may be fraught with
alton against which the power is ex-
purpose to vest such an extraordi-
nary power In q municipal corporation
and % aeeorasy s On
or the most necessary Implication viii
a municipal corporation. :"
Another consideration why it should
not readily be presumed that there was
a purpose to vest such a power in the
governing body ls amenabie to public
sentiment, and, indeed. may be elected
and placed in power upon the single
constituents who elect such body are.
as gas consumers. directly interested
In the question Of rate regulation.
regulate gas charges in the governing
body Of city is practically the same
as vestinE the power in the representa-.
sumers. are interested in q reduced
These are considerations which
should make the legislature hesitate