The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-09
raAdS ins such ] manner that tho pub.
ID shail not be unnec essarily incon-.

sand cubic feet and ID case Of pay
ment en- or before ten days next after
the expiration OF the month In which
the gas Is used by such consumers,
then a rebate Of fifty cents per thou
sand cubic feet is to be allowed to
each consumer making payment as
aforesaid. Provided the rebate shall
not apply to street lamps and public
buildings, the supply and price there
for to be subject to special agreement.
Sub. 4. This ordinance shall not be
in force unless the Dakota Gas & Fuel
Co., its successors or assigns shall
have aled Id the ONCE Of the City
Clerk its. written acceptance Of the
same. which acceptance shall be SO
fled within twenty days from the date
of the passage Of this ordinance"
Adoption Of Franchise.
This ordinance is numbered 76, and
appears by the Auditors records to.
have: been introduced at q meeting of
the Council held November 26, 1886;
there seems to be no record OF its
passage upon the first reading; the
records disclose that 1t was ordered to
second and third reading and by the
title read and put upon its final pas
sage at the meeting held on the above
date. Eleven members were present
all Of whom voted aye; there appears
to be no record Of the publication Of
the ordinance other than as 1t appears
In the Ordinance Book.
The City was then acting under a
special charter, enacted by the Terri
torial Assembly in 1882, which charter
provided relative to ordinances, IN SUBJ
stance. that the same should be passed
pursuant to such rules and regula-
lions as the mayor and council might
prescribe, provided that the ayes and
nays should be entered upon the rec
ords and that a majority Of the votes
Of the members present should be nee
essary to the passage thereof; can
find no rules of the council requiring
q reading of the ordinance or pub
ication thereof; assume, therefore,
the ordinance was legally enacted.
The ordinance has been acted upon
by the grantees and it's assigns and
by the municipality for more. than
nineteen years; under such circum-
stances there is q presumption Of the
regularity Of Its enactment.
Atchison VS.. King, 9 Kan. $780,;
Quincy vs.. G. B. & Q. Ry. Co., 90
III. 81: Santa Rosa VS.. Cent.
st Ry. Co. (Cal.l SO Pac. $50.
AZ said before, the city at the time
this ordinance was enacted, existed by
virtue Of q special charter; the spe-
cial acts Of the Territorial Assembly
or amendments thereto are not usually
printed in the session laws and there
is q possibility that amendments may
have been enacted relative to the adop-
ton Of ordinances by the city of Grand
Forks and for this reason I do not
express an opinion as to the regular
ity of the proceedings but assume the
ordinance was legally enacted; on it's
face and according to the charter with
its amendments as they are before me
now. the ordinance was regularly
adopted.
Acceptance Of Franchise.
Y It was. within the time specified,
accepted by the Dakota Gas & Fuel
Co., which was at that time q co-part-
nership and the rights granted by the
ordinance are assignable according to
its terms; note its conditions Sec. /,
provides that permission and author
tty Il granted to the company "its
successors or assigns"; Sec. 4 pro-
yides the ordinance shall not be In
force unless the company its success
0rs or assigns" shall accept 1t.
Franchise Conveys Rights.
After acceptance by the grantees
and performance of the conditions Inn
posed upon them, the ordinance be-
came a contract such as is protected
by the constitution of the United
States. against legislation either state
or municipal. to impair 1t.
N. 0. G. Co. We. L. L. Co.. 115 U.
8. $50; z. q. Co., vs.. q. q. Co,
115 U. 8. .683; G. N. @. L. co. VS..
Lake, 100 Ill. AZ, % N. e. GIG;
Indianapolis Vs. g. @. T. Co,
140 Ind. 107, 40 a.. 8. r. 1873,
80 N. E. 433.
The right granted is property Of
which the grantee cannot be, deprived
! except BY due process Of law.
indianapolis VS.. G. q. T. Co.. 140
Ind. .l07, 40 "A: s. R. 1873, 50 N.
p. 4Ss: J. c. q. Co. vs.. Dwight,
20 N. j. Eq. 242; People vs..
Deehan, 1853 N. y. 52s.
RiEhts May he Mortgsgea.
It Is needless to assert or cite au-
A..