The daily sentinel., 1906-05-08
That Injunction
Proceeding!
Notice of Application for
Injunction Restraining Council
from Extending Light Con-.
pany'S Franchise.

I. .
= The several aldermen and :;
: Ihe mayor OF the city of Grand J
Z Juhctlon We're last night serv- !
eu win summons in an appli- J
i talloh Tor an injunction. made !
I Dy T. NJ. Slocomb. ostensibly J
Z acting Tor himself, but repre- J
senting the Citizens Gas & :;
coke company, asking Judge !
I stevens to grant a writ of in J
= junction restraining the city J
council of the city of Grand ;;
= junction, as its regular meet ;;
7" ing on Wednesday night. May j
= from granting u renewal or J
4 an extension of the franchise of j
= the Grand Junction Electric & :;
4 Gas company, for n period of J
+ twenty years, the latter COM j
= pany having now before the J
4 council an ordinance for q fran J
= chlse, which would ordinarily, J
= IN the course Of business. have j
i a second reading, and possibly !
= linal action at the meeting to !
= be held on Wednesday night !
= While the signature of E. NJ. !
I = Slocomb is appended to the !
= summons it will be seen later !
= that the Citizens Gas and Coke !
:. company have precipitated a !
= fight for the purpose of res J.
= trailing the Electric and Gas \
= that the Gas and Coke company !.
= company from obtaining fran =.
= chise of the same character !.
= as was granted about one year !.
= ago TO the Gas company. !.
= The matter Of the ale \
= cations, as contained in the !.
= complaint. will be treated only !.
as they refer to the mayor and !.
= the board of aldermen of this +
= city, the legal aspect of the +
= situation being reserved for ad- -
+ justment in the courts. \.
The plaintif Slocomb alleges that
proper notice was not given of the
intent TO file application for renewal
or extension of the franchise of the
Electric & Gas company: that the
Electric & Gas company has con
tract with the city for furnishing
are lights of a period extending up
until November 1, 1910 and the rat
es charged under this contract are
far in excess of reasonable rate that
inasmuch as the franchise of the
Electric and Gas company does not
expire for more than four years.
there is ample time in which the
company may make application later
on. and there Is no necessity for the
passage of such an ordinance at the
present time.
lie further charges that the pub
licntion of the franchise ordinance in
the Daily Sentinel was illegal be
cause of the fact that the Herald is
the official organ of the city of Grand
and was so designated by
the city council. and charges that
when the council selected the Daily
Sentinel TO publish said ordinance in
stead of in the official organ of the
city council acted in violation of the
laws of the state of Colorado be
cause the Daily Sentinel could not
enter into a contract with the city
If Grand Junction, either express or
implied and Furthermore he charges
that the council failed to comply
With the act of the General Assem-
ily of the State of Colorado, entitled
An Act. etc Ordinances. Session
avs OF 1905, page 292. in not set
ing forth the terms of the desired |
ranchise. and without having sent |
,ut any notices so that the citizens |
nd taxpayers may know the subject |
natter of the ordinance. and that |
his should become part of the |
Iotice so that the citizens and tax
ayers may know the subject matter
# the ordinance. and that this should |
ecome a part of the notice and of
he ordinance. and the ordinance
would be void and insufficient be-
ause of that. and that no valid fran
hise can be granted by municipal
Iy without the sanction of a major
Iy vote of the qualified electors Of
he municipality first had and OBJ |
aimed In an election held for that
Iurpose and that the act of 1905, |
pon which the application by the
Electric and Gas company for an eN-
ension of IFS franchise and the pas
age of the ordinance is based. does |
ot repeal the act of the general as
emily of 1889.
The plalntin Furthermore states
hat IT is inequitable and illegal 10 |
rant a renewal or extension OF a |
ranchise so long as four and one-half
ears before the expiration. and that
here Is no legal or valid reason for
o making application and for the
ouncil so doing.
The Plaintiff Sloeomb furthermore
tates that he is reliably Informed
nd that he believes thar a majority |
# the city council of said Grand
lnctlon will vote TO grant said fran
hise and a renewal and extension
# the same and pass said ordinance
Notwithstanding no vote OF the quail
led electors of said city was had ana
hat the mayor Will sign and approve
he same.
He furthermore AYERS that a MAJOR
tv of said council of the said city. as
oon as the ordinance renewing ana
xtending the franchise. is passed,
viii enter into a contract for lighting
# said city for a term of twenty years
II an cxorbitant and unreasonable
nte. to-wit. $4,000 per light. and
le states that the Citizens Gas and
,oke company. a responsible party.
yould light the streets at the rate oil
,65 90 per arc light.
Mr.. Slocomb further states the fact
o be that majority of the said city
,ouncil in all Of said transactions and
business has been acting in collusion
vim the Grand junction Electric and
ios Company to the injury of this
iIaintim and other taxpayers.
The alleged reasons that Mr.. slo-
,omb sets forts. he. as well as ma
.ority OF the citizens of this city,
now are absolutely false.