The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-03-21
WEDNESDAY EVENING. MARCH Fl. 1906

the rights conveyed are assignable
and that if not assignable and the
original grantee be not exercising
such rights, that the franchise be can
celled and that If the rights are be-
ing exercised by others they be re-
quired to apply for another franchise
which should be granted upon the
terms l have suggested.
II recommend a further investiga-
ton having for it's object the taking
UP and cancelling of all franchises
enumerated Gncluding the gas COM
I'any) and the granting of new fran
chises upon equitable satisfactory
terms"
When the present executive was in
augurated he was therefore, if STU
cent of the history of the city, posted
concerning the same and fully advised
with respect to the various outstand-
ing franchises and the proper and eff
fcient method of dealing Herewith.
The relation of public utility cor
poration carrying on business under
franchise from the municipality is
purely business. The franchise is a
contract and the rights both of the
municipality and of the company are
contractual. In considering these
rights there is room neither for SEN
| timent nor for political passion nor
bitterness. 1t is merely a business
question and the aim of the city
should be that the best service posi-
BILE should be obtained for the citizens
at the least cost and with adequate
compensation to be paid by the COM
pany for the rights conferred upon it.
The question of republicanism or of
democracy, prohibition or of religion
are all foreign and have no place in
its consideration. These are truths
open and patent to all, and such was
the situation when the present mayor
took Office.
Nothing was done by him for about
a year. In the spring of 1904 the city
OF Grand Forks was indebted to within
about 100000 of the limit prescribed
by the constitution. 1t had neither
fire hall nor detention hospital. The
city hall has gone to wrack and ruin
and fire had destroyed the council
chamber.
With these conditions confronting
him Mr.. Duis caused to be introduced
into the council an ordinance author
izing the vote upon the question of
whether or not municipal CONNER
cial lighting plant should be installed.
He neither obtained nor presented to
the council any estimate as to the
probable cost thereof by engineers of
repute or otherwise. He had no au-
thentic information upon the subject
himself. There being tie vote upon
the enactment of the ordinance, he
held himself authorized to vote upon
the question and declared the ordin-
ance carried by vote of to 4. 1t
is now urged by his followers, that
this was an invalid ordinance, but if
invalid, it was by reason of the act of
Mr. Duis himself. A vote was taken
by the people and Mr.. Duis was au-
thorized to issue $4,000 in bonds for
tbs purpose Of installing municipal
lighting plant. Nothing has been
done since that time. No plans have
been prepared or presented either to
the people or to the council. No
specifications of the plant have been
presented. There has been no esti-
mate of the probable cost of installing
such system and there has been abb
solutely no attempt made to issue
Eonds or obtain bids therefor.
This Is precisely the condition that
was predicted year ago by every
man of ordinary common sense. It
requires no lawyers to convince one
who had given the matter the slight
est thought that the vote of the peo-
pie upon the proposition was abso-
lutely and entirely futile and this was
known to Mr.. Duis when he caused
to be placed the proposition upon the
ballot.
Although at the time Mr.. Duis took
Office he had before him in the Of
fetal records of the city, the discus
sion of the identical question by his
predecessors in which discussion the
natter had been fully and completely
covered, yet we find him failing en-
tirely to appreciate the situation,
ignoring the recommendations as to
sound and efficient action and leading
the people to believe that he could
accomplish that which was absolutely
impossible. and SO known by him to