The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-03-06
At the regular session of the city
last evening, City Attorney

At the regular session of the city
council last evening, City Attorney
George A. Bangs administered rich,
brown roast to the members of the
council who again asked his opinion
relative to the power of the city coun-
Gil Ito fix gas rates. The ordinance
establishing rates was up for its Sec
ond reading and before it came to a
vote, Alderman Moran asked the opin-
ion of the city attorney if it could
be enforced If passed. Mayor Duis
called on Mr.. Bangs and this was the
signal for that caustic attorney to
plainly express his opinion of the ac-
ton of the ordinance committee and
the members of the body who in
sisted on passing the ordinance.
Mr.. Bangs said that his opinion had
been written out and filed with the
city auditor moreH than twenty days
ago and that it had been published in
full in all of the city papers. This
:. opinion represented his conclusion at
ter long and painstaking research:
he had spent more time and money
to make the investigation than had
ever been spent before in North Da-
kota on a question of this kind. He
had bought books and studied them,
made visits to other cities to get data
which could not be secured here, in
fact had done all he could to place
his very best opinion before the coun-
Gil. 1t was not an opinion which had
been forced upon them, they had
called for it by resolution. Yet in
spite of all of this he was asked for
his opinion and he would repeat his
conclusions after such an investiga-
ton. The ordinance was trivial and
childish. The city council might as
we'll enact a rate bill for the United
States, such as President Roosevelt
was attempting to get through con-
gress, or to ratify a treaty with Santo
Domingo, in fact do any foolish thing
they could think of as to attempt to
enact an ordinance regulating rates
TO- be charged by the gas company.
i"The enactment of this ordinance is
the exercise Of sovereignty and be-
longs to the state" continued Mr..
Bangs, mot to the municipality. The
city has never had such power dele
gated to 1t in any instance in the
United States. The same ordinance,
word for word identical with this, was
passed upon by the Chicago courts
and the ordinance declared void.
Practically every state in the union
has passed upon this very thing and
all decisions have been adverse"
Cheap Politics. (,
Mr.. Bangs said that the ordinance
had been dragged before the council
again in spite Of his opinion which
was exhaustive, sufficient and con-
elusive. He warned the council if the
ordinance was passed that he would
never go into court, justice or other
wise, in behalf of such proposition,
and that no other reputable lawyer
would do so either, to be made the
laughing stock of intelligent men,.
Mr.. Bangs was even more angry
than ever when the vote was taken on
the ordinance and in spite of his Wig
OrOus protest, was only lost by vote
of four to five, it taking seven votes
10 pass an ordinance. He accused
the council Of being influenced by
cheap politics" and asserted that the
members did not dare vote as they
thought because they feared the poll
teal result The vote which killed the
rate bill" of Grand Forks was as
follows: For the ordinance, Alder
metl Carothers, Freeman. Hagen,