davidaulloa/AmericanStories huggingface dataset:
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

Or. casoaret guarantees to cure Tho
most obstinate cases Of Constipation and
Indigestion, without discomfort or in-
convenience.
His medicine does not grippe nor purge,
nor create a drug habit.
Because Il Is not "Bile-driver, % nor
casirio-Juioe Wasier, but a direct
Tonic to the Bowel Muscles.
Il exercises naturally the muscles that
line The walls Of the lnieshnea and
Bowels.
Want Of Exercise weakens and relaxes
these Bowel-Muscles, just as II weasens
Arm and Leg muscles.
Old DR.. Cascarct goes directly after
these Bowcl-Muscles. He wakes
them up just as a cold bath would wake
up lazy person.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10
DOCTOR
CASCARET
Office =In'your own
Vest Pocket.
0ncaIl anyMinute-Day

~
When Heartburn, Sour Stomach,
Headache. Bad Breath, Coated
Tongue, Belching Of Stomach Gas. or
any Of these forerunners Of Indigestion
appear. Old DR.. Cascaret wants 70
be right on the spot in your pocket.
He wants to check the coming trouble
Instantly before AZ can grow into a
habit Of the Bowels 10 be oostive.
Ladies'. who extend to Or. Casoaret the
hospitality Of their Purses or their Dress
Pockets, will be rewarded with fine
complexion, and healthy Happiness.
These will about fifty times repay for
The irifling space occupied, and the ten
cents per week al cost.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

~ FREE TO OUR FRIENDsi
We want 10 send 20 our friends a beautiful
French-deslgnod. GOLD-pLATED BONBON BOX.
hard-enamfled IN c0lorG. Il Is a beauty for the
dressing table. Ten cents IN stamps Is asked as
measure Of good aih and TO cover costo Cascafets,
with which this dainty trinkct Is loaded. IA
Send to-day, mentioning this paper, Address
Sterling Remedy Company. Chicago or New York.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10
THE MEMS OF Mem CASTLE
Retiring Officers of the Board
of Trade Reelected.
THE BANQUET WAS A SUCCESS
Those Who Assisted Given
Votes of Thanks.

Many Suggestions for Advancing the City's
uterests-Marrisge of John Barker aud
Miss Annie NJ. fngan-itobert shaw sui
iering FROM iiiccough-Death ofWiiiiam
Bosuc.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

The regular meeting of the Florence
Crittenton Home which was 10 have been
held to-day, has been postponed until
next Wednesday.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

II Then he works them Through the
nerves. TN they get so strong from
that Exercise that they don't need
any more help to do their duty.
ButDr. Casoaret wants to berlght on
the spot, in your Pocket or Purse.
where he can regulate these Bowel
Muscles all the time, in health. and
out Of health.
Because, even the strongest Bowel
y Muscles may be overworked.
Heavy dinners. late suPpers, whiskey.
"ine' or beer drinking. nervous excite
ment, sudden exposure to cold or heat
and a dozen other every day likellhoods tire
The Bowel Muscles.
In such cases a little cascaret IN time
Is worth fifty dollars worth Of Treatment
later on, to say nothing Of the suffering,
discomfort, loss Of Business Energy, and
loss Of Social Sunshine 1t saves.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

All are interested in h1e poultry ex-
hibited now at Turn Hall. Admission
10 cents. +
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

NOIlCTT7
M nANo
.ohlnuy|
.clkhNIlu
.IuuaVih
taf 10 Hl.
ttmk also
ndgling
hnn
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-10

The aunua
lhVare hu
dhec0mpa
tiyn Janus
dHu0n0fd
udlrthet|
dfcluil|
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10
MYSTERY Ar DULUTH
1t Would Seem That There wss Trss-.
BE Brewing. i

j WsOf ASNV AAs6S ~
1t might seem that the Duluth bunch
were on slippery footing from the fol-
lowing: New officers we're elected by
the directors of Duluth baseball club,
which met at the Boston & Duluth
Farm Land company's ofices yester-
day afternoon. John c. McGreevy is
still president Of the club, Nbut owing
to Manager L. Van Praagit,s Inability
to attend the annual meeting, which
is set for March 4, he resigned that
position and A. H. Kuehaow. having
resigned the treasurership of the club,
was elected to, succeed him. Edward
Hazen laid downathe secretaryship. to
take up the position left vacant by
Mr.. Kuehnow-and A. j. Lytle succeed
ed Mr.. Hazen as secretary. Persistent
rumors of Mr.. Van Praagh's sever
ance Of his connection with the. Du-
luth club are afioat, but are vigorously
denied by Mr.. Van Praagh himself and
by Me1srs. Kuehnow, Hazen and Lyle.
1t was stated last night that Mr.. Van
Praagh would attend the adjourned
meeting Of the Northern league, or the
remnants of it., at Grand Forks, Feb
ruary Is. A heavy pail OF secrecy en-
shrouds the movements of the club, and
its plans are matters which are a
Stunned topic with its officers. The
proverbial clam is laxative as com
pared with an officer OF the Duluth
ball club-News Tribune.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10

wv
In Lewisyille Natural Gas Co. -:
state, supra, the charter provided B
Power to provide by ordinance, srea-
sonable regulations, for the safe sup
ply, distribution and consumption OF
natural gas, etc, and TO require for
the privilege Of using the streets for
the distribution thereof reasonable
license. Among other things the
Indiana court says: There is not q
word or syllable to, be found In this
act Indicating that the general assem-
bly, had In view any other purpose
than that Of securing the safe supply
and use Of natural gas. TO secure the
safe supply and use Of natural gas is
one thing and 70 fix the price at which
gas shall be supplied is another and
quite different thing. In ouf opin-
ion 1t was not tie intention Of the gem
eral- assembly to confer, Ny the act
above set out, the power to- regulate
the price at which natural gas should
be furnished" !,
.tCo.tiases ms.say.>
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10

ing private charters or special privi-
leges. - The ordinance is ques-
\ ton conferred special privilege upon
the persons therein mentioned and
their assigns and in this respect was
in contravention of the constitutional
act of March 2, 1867. *s+* This
ordinance undertook to confer q spec
tal privilege not enjoyned by the peo-
pie of the territory in common and
conferred such privilege in perpetuity,
for there is no limitation to 1t in point
of time and no power of revocation
reserved to the city council therein.
Such privilege is franchise. 1t is
essential that a franchise should be
created by grant from the sovereign
authority - the corporate author
lily OF the city under which such cir
: cumstances have no power to confer
such franchise and a resolution. au-
thorizlng 1t, without limitation as to
time or power of revocation, is not a
license merely, but contract which
If valid it could not abrogate. Upon
authority we held that the ordinance
and resolutions in the case at bar
were void and conferred no authority
whatever upon the defendant and can
not be invoked to give them protec-
ton"
Upon authority it seems very clear
that the granting of right such as
Is here exercised by the Grand Forks
Gas & Electric Co., is not right
created under or by the exercise of
"a privilege or power necessary to
local administration; franchise of
this character is created by the en-
ertion of an extraordinary power; it
is an attribute of sovereignty. 1t de-
'rives its validity from the state, or
in this case direct from congress, the
legislative body of the federal gov
eminent; we may concede the power
of territorial assembly. to create and
grant such franchise, but it Is quite
clear that congress intended the
municipalities of the territories should
not have the power conferred upon
them by the territorial assemblies, be-
cause In providing for the creation of
> such municipalities congress express
ly said, they should be of limited
power and authority; the territorial
assembly might create such munich
palities but in SO doing, could confer
upon them only the powers neces-
sary to local administration"
am therefore inclined to the opin-
ion that the city of Grand Forks was
without the capacity or power to
grant the right or create and convey
the franchise attempted in the Or
dinance above quoted and which is
exercised by the Grand Forks Gas &
Electric Co., in the streets of the city.
(ED Authority Granted Municipality by
Territorial Assembly.
The charter of the city hereinbe-
fore adverted to grants power to the
municipality, among others, as fol-
lows: To make all contracts and do
all other acts in relation to the pro-
perty and concerns of the city neces-
sary to the exercise of its corporate
or administrative powers. (Sec. 4 Sub.
4, Art. ~
Cart. 2 Sec. 49, The mayor and
city council Of the city of Grand Forks
shall have the care, management and
/, control of the city, and its property
and finances, and shall have power to
enact and ordain any and all ,ordin-
! ances not repugnant to the organic
act and the laws of this territory and
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10

such ordinances to alter, modify or
repeal and shall have power:
(Sub. 10Y To provide for the light
ing Of streets. laying down of gas
pipes and erection of lamp posts and
to regulate the sale of gas and the
rent of gas meters within the city,
to provide for, regulate and control
other methods Of lighting said city.
(Sec. 16) The mayor and council
shall have power to establish by Or
dinance the grade OF any street and
to change the same.
(Sec. 1S) The mayor and council
shall have power to extend, open, Wild
en- grade, pave, macadamize or other
wise improve and keep in repair in
any manner they may deem proper,
any street, sidewalk, alley, avenue or
lane within the city.
The franchise in question seems to
T grant to the Dakota G. & E. Co., the
exclusive right in and to SO much of
the streets as may be necessary with
in which to lay their pipes and to use
such right, to the exclusion of all 9TH
ers when necessary, for an unlimited
period, or in otherwords in perpe-
turity.
l assume for the purpose of testing
the sufficiency of the power of the
city to grant such rights, that the
territorial assembly has full power to
grant and delegate the same to the
city, and so assuming, If such power
has been delegated, it is found in the
language above quoted.
The first grant, (Sub. AZ Sec. A.
conveys only the power to make all
contracts and do all other acts in
relation to the property and concerns
of the city necessary to the exercise
of it's corporate or administrative
powers.
am very clear the granting of a
franchise of this character does not
come within the above powers.
The second grant is found at Sec.
IL, Art. 2 SUPRA, wherein the mayor
and council are given the care, man
agement and control of the city and
its property with power to ordain or
dinaces, not repugnant to the organic
act and laws of this territory" This
has reference to police regulations of
various sorts and shall not attempt
here to enumerate the various powers
which might be included within this
grant but will classify them as the
general administrative powers of the
municipality and am very clear the
granting of franchise of this char
acter does not come within them.
Sec. 1G and Is supra, grants power
to establish the grade of streets, and
to extend, open and widen, etc, the
same
There is no power therein granted
to convey to any one, any portion of
the streets in perpetuity or otherwise,
for their exclusive use. for the pur-
pose of private gain, even though a
public service may be subserved there
by.
There remains only Sub. Div. 10
SUPRA, wherein the city is granted
power to provide for the lighting of
the streets, laying down of gas pipes,
and erection of lamp posts and to
regulate the sale of gas and the rent
of gas meters within the city; to pro-
vide for, regulate and control other
methods of lighting said CITY,"
tits under this grant that the power
must be claimed if at all.
Believing, as I do the territorial as
sembly was without power to dele
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10
OPINION Of THE CITY
!. ATTORNEY !! |. | / / | on ).
FRANCHISE
Attorney Geo. A. Bangs Sub.
mits Exhaustive Opinion
/ Upon Subject.
tcs.ts.ved from yesterday,

This case is cited and approved in
Detroit vs. Co.. 1874 U. S. 36S.
In Beelmah VS.. 3rd Ave. r. r. Co.,
the New York court again had under
co0sideratiDnsth the right of New York
city to grant the wee of one Of its
streets for. y street railway and among
other things said: "The city authori-
ttss haveinD power to grant the right
except In 80 Tar as they may be au-
thorized by the legislature and then
only In the manner and upon the con-
ditions prescribed by the statute"
In Potter >ys. ellis. supra, the
New Yory court uses this language
relative to the attempt on the part of
the city TO- grant the right to use
Sth avenue for street railway pur-
p0ses: "This (the right to grant
the use Of The ayenue) the legislature
possessing a supreme authority over
the public territory. within constitu-
tional limitations could. of course, do;
but to attribute. such a power to the
municipal corporation. would be for
eign to the concept of such an admin
istrattvv agency OF government"
vim 81 g. 8. Ivy: Co. VS.. Denver City
Ry. Co! the pia4hhff sought to restrain
i the defendant sfrom constructing its
road in'ltagi6us streets Of the city of
Denver;ii thei defendant claims the
right sO.stO do under an ordinace
granting It aitfranchise; the city of
Dehver was created by the assembly
of the territory of Colorado; the de-
cision isi.by the Colorado territorial
court and was rendered in February.
1876; the 1. franchise ordinance was
enacted in April, 1873 and before con-
gress had adopted the act of June
} 9Th. 1873 hereinbefore referred to-
Z Among other things the court says:
Were the city council and the mayor
of Denver authorized to grant the
/ privilege OF franchise which the de-
PENDANTS claim, is the next question
| to be determined. AT the time of the
passage Of the first ordinance April "a,
1873. under the charter of February
3. 1865. the city Was empowered to
open, alter. abolish. widen, extend. es-
( tablish grade. pave or otherwise I'M
proved and keep in repair streets,
avenues. lanes, alleys, sidewalks.
drains and sewers, and to remove all
obstr'uctions therefrnm, prevent or re-
move all Entertainments into or upon
all or any streets and to make all or
dinances' Necessary for carrying into
effect the powers specified in the acts,
not repugnant to. nor inconsistent
with the constitution of the United
States. or the organic act of the terri
tory .-s''s s'by the act of March 2.
1867 (sec. 1889 supra.) the territorial
/, legislature is prohibited from grant
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10
voted upon and accepted BY the cit5
f3f3raxd N,nrhs h Ii. sss. 81

voted upon and accepted BY the city
OF Grand Forks. HI
Sec. J. Art. q Of this law provides
that the city council shall have the
power ia. lay ont, etc, streets. etc, to
regulate the use thereof, and to pre-
vent obstruction thereto; to provide
for the lighting and cleansing Of the
same and to regulate the openings
( therein for the laying Of gas mains
and pipes and erecting gas or electric
light provided however, that any as
ISOLATION heretofore or hereafter form
ed for the purpose Of manufacturing
illuminating gas or electricity to sup
ply cities Or the inhabitants thereof
with the same, shall have the right
by consent Of the city council, (subject
to existing rights 20 erect gas or
electric light works, and lay down
pipe or string wires on poles in the
streets or alleys of any city in the
territory, subject to such regulations
as such city by ordinance impose. !"
do not pass upon the validity Of this
franchise.
(E) kisEslana ct al Franchise.
This franchise was approved Feb.
9, 1898 and conveys rights similar to
the Dakota Gas & Fuel company fran
chfse. +.
The constitution of the state of
North Dakota went into effect Nov.
2, 1889, and by reason thereof there
is a material change In the conditions
relative to franchise rights OF this
character; the charter provisions
we're similar to those existing at the
time of the granting of the Grand
Forks Ipcandescent light franchise.
do not deem 1t necessary to here
take up and discuss the rights of the
grantees under this franchise or the
validity thereof. ~
TIL second question submitted to me
in the resolution is stated as follows:
2. His opinion as to the measure
of control vested in the city council
over the said Grand Forks Gas & Elec-
trio Co., including the power on the
part of the city council to fix rates
both for gas and electricity and over
the supply of either of them.
shall divide this as follows:
(a) Measure of control independent
of rates,
(b) Control over rates.
A.
Measure of control independent of
rates.
Under the general power of NUM-
cipality it has authority, by ordinance,
to adopt, promulgate and enforce such
reasonable regulations of the method
by which the business shall be carried
on as may be necessary and expedi-
ent to protect, care for and conserve
the health, safety and welfare of all
entitled thereto.
This may take variety of forms as
for instance, the time, place and man.
ner of making excavations in the
streets, and the requirement of ade-
quate protection of guards thereof;
the preventing of the escape of nox-
ious smells and gases; precautions
against communicating fires; prevent
ing explosions and the furnishing of a
sufficient supply; the extensions OF
mains and wires; the inspection, re-
pair and replacing of poles, wires
cross arms. mains, pipes. ETC.; the in
spection of meters, etc.
This power may be exerted in many
different ways and directions mex
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10

gate to the municipality the right to
grant the franchise. in question.
shall not stop to tanalyse this section !;
will observe, however, that the first
portion thereof, should be given con-
trolling weight; its language should
be the test to determine the scope
OF the remainder OF the subdivision;
the subdivision purports to give to
the city the power to light it's streets
and to provide methods therefor; 1t
SO says In express words in the first
and last clauses; and in SO far as the
gas pipes are to be laid in the streets
ana the lamp posts erected for the
purpose of lighting them. the city
might have power TO provide there
for.
The territorial assembly might have
power to grant q. franchise to the use
of the streets and in so far as the
regulations of the sale of gas. etc.,
within the city is delegated to the
municipality, the subdivision might
we'll mean that in the event the as
sembly should grant such right, the
municipality would have the power. to
regulate the sale of gas hereunder.
All grants of power by the sovereign
to corporations either public or pri-
vate, must be strictly interpreted and
construed; the corporations have the
powers expressly granted, that is
granted in so many words, together
with such powers as are necessarily.
not conveniently, implied therefrom;
the language of the sovereign in
granting the power will not be ex-
tended. and having this rule of in
depreciation in mind, it seems most
doubtful that the territorial assem-
bly, intended to delegate to the city
of Grand Forks the power to grant
the franchise in question.
tB) National G. L. & F. Co. Franchise.
This franchise was granted August
Z, 1866, under conditions similar to
those existing with respect to the Da-
kota Gas & Fuel company, franchise,
and purports to.convey similar rights;
all that has been said as to the valid
ity Of that franchise applies to this;
it is sufficient to say that l believe
this franchise to be invalid.
(C) Teel & Walker Franchise.
This franchise was granted March
16, 1886; it is assignable by its terms
and has no limitations; byt it there
is purported to be conveyed to the
grantees and their assigns the right
to use the streets of the city upon
which to place poles for conducting
electricity for light purposes alone.
This franchise does not pretend to
convey the right to use the poles to
convey electricity for power.
All that has been said relative to
the power of the council to grant the
Dakota Gas & Fuel Co., franchise APP
plies equally to this this: in my opin-
ion this franchise is invalid.
|, (D) Grand Forks Incandescent Light
Co. Franchise.
This franchise was approved Aug
ust 16, 1888. It purports to convey to
the grantees the right to use the
streets upon which to place poles and
string wires for the purpose of fur
nishing electric lights; it does not
purport to convey the right to use the
streets for furnishing electric power
By Oh. IS of the 1887 session laws,
the territorial assembly enacted a
general law for the incorporation OF
cities which law was Immediately
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10
sgAguRpAY, TEBRUARY 10, 1905
| pedient here to attempt to enumesrrats

pedient here to attempt to enumerate
or amplify ssss,s
(Bl CsntrsI ~ Rates.
Every business peculiarly affected
with public interest subject to leg
islative regulation to the extent OF
fixing the maximum rate of charge
I for the product thereof or the Pervice
rendered; the legislature, In regulat-
Ing such business, exerts the power
Of q sovereign; this power Is vested
primaril in the state Or the federal
government as the case may be, and
can be exercised by the sovereign
alone or by an fundamentally there
of to which the same is delegated.
State We. Brass, 2 N. D. 4S2; 50
N: W. 40S; 1853 U. 8. 391:
Hill vs.. Ill. "a U. 8. 113;
Budd vs. N. Y. 143 U. 8. SIT;
Getting Va, Stockyards. 1873 u. 8.
70;
R. r. Co. vs. MINI. 1874 U. s. 41S;
Dell Va. Beidelman, 1875 q. 8. $50;
r. r. Commrs. Gas 116 u. 8. 3O7;
Gas, electric light and water COM
panies belong to this class; they not
onl exercise a natural monopoly, but
their business is clearly touched and
peculiarly affected with a public In
terest.
Wabaska Electric Light Co. vs..
Wyore. 60 Neb. 1919, SO N. w.
GIG;
Danville Water Co. VS.. Danville
City, 178 Ill. 299;
$50 Ill. 1886; $50 U. s. GIG;
Freeport Water Co. vs. Freeport,
1856 Ill. 179; 100 U. s. 5S7;
Rogers Park Water Co. VS.. Fem
gus, 17S nj: 81; t16O u. s. 624;
In the Danville Water company case,
supra, (180 Ill. 241,) the Illinois SUI
pre- court says: The power resides
in the state, acting in its sovereign
capacity to enforce the performance Of
this duty Ito furnish water for rea-
sonabie compensatory
The Nebraska court says, in the
Wabaska case SUPRA, 'The legislature
has, of course, the right to fix the
price at which gas or electric light
shtll be supplied by one who enjoys
the monopoly Of the business, by ,rea-
son of having an exclusive franchise. .
The power so to regulate rates must
be clearl delegated to the subordin-
ate instrumentality, otherwise such
instrumentality will be held devoid
thereof; such delegation of power will
not be implied or presumed; a NUM-
cipality has only those powers ex-
pressly granted or-necessarily implied
therefrom; municipality cannot as
sumo the power of regulating rates;
such power must be expressly granted
to it.
Lewisvi1le Natural Gas Co. VS..
State, 1856 Ind. 40;
"a NE. 7O2; 2 L. R. A. 734; over
ruling;
Rushville Natural Gas Co. VS..
Rushville, 1872 Ind SIS;
% N. E. S53; Is l.. r. A. 321;
Noblesville VS.. Natural Gas Co.
157 Ind. 1862;
Rushville VS.. Rushville Natural
Gas Co. Qnd.) 70 N. E. 667;
State VS.. L. G. Gas. Co. 1O2 Mo.
472; IA 8. w. 974; IL s. W.
1888; % A. s. R. 729;
Tacoma Gas & Electric Co. vs.
Tacoma, IA Wash. 2SS; "A Pac
655; "a.
In re: Dryor, IS Kan. 1874; Al Pac
95S; 20 L. R. A. 1893;
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-10
Tale, Of, the Billboard.

Bill had billboard Bill also had
a board bill. The board bill bored Bill
SO that Bill sold the billboard to pay
his board bill. So after Bill sold the
billboard to pay his board bill the
board bill no, longer bored Bill.