The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-12

1904. Judge Grosscup In Mills VS.. Chi
cago. SUPRA, held such ordinance void.
In the opinion he says: Read as an
entirity, the section clearly grants no
general power to regulate rates. Thus
treated, the last clause subject to
such regulations as any such city or
village may by ordinance impose re-
lates back to, and is limited by the
opening clause, which Is taken up
solely In the regulation of openings
In the streets for the laying of gas and
water pipes. But the court is asked,
first, to divorce the provision from the
balance Of the section, so that the
prOviso may stand as section apart
and then to interpret the concluding
clause as IL the word regulations was
meant to include the rates at which
gas should be manufactured and sold
rs we'll as the manner in which the
gas factories should be erected and
pipes laid. 1 do not feel myself at liber-
ty to close my eyes to the proviso
Presumably 1t was meant to be read
In connection with the whole section.
But If J. did it would be unavailing.
The context shows that the last clause
Is not intended to confer upon the
city council plenary power to regulate
rates, as we'll as the manner in which
gas factories should be erected and
pipes laid down. The mere laying of
gas pipes. and the installation of gas
plants. together with their repair, are
the subject matter of power widely
separable in circumstance and in SUBJ
stance from power to deal with the
rates at which gas shall be manufac-
tured and sold. The first belongs ma
turally to the city whose streets are
to be occupied, for it is related in
timately with the supervision of
streets; the latter with equal reason,
Is foreign naturally to the state, for
the city is one Of the parties in inter-
est; and power to regulate the prices
ought not in the usual course of af-
fairs, to go to party interested. I'm
til there is legislation, more unmis-
taxable than the language used in
this section, to indicate a purpose to
grant the city power to fix rates, l
shall not hold that such was the leg
islative intent. Unquestionably the
power resides somewhere in the state,
but until consciously delegated to
some other body it remains in the
states general repository Of power the
general assembly of the state"
At the next session of the legisla-
ture there was procured to be enacted
a law among other things providing:
'The city of Chicago is hereby en-
powered to prescribe by ordinance
maximum rates and charges for the
supply Of gas and electricity for pow
er, heating and lighting furnished by
any individual, company or corpora
ton to such city and the inhabitants
thereof; such rates and charges to be
just and reasonable and may be fixed
for a period not exceeding five years."
the act further provides for an ap-
peal to the circuit court.
Arkansas-By chapter lis, section
5445, statutes, the council is author
lied, when complaint is made by five
or more citizens that any gas, etc.,
plant is charging an eXorbitant rate,
to summons all persons, with their
books, ets., and ii the council deter
mines an exorbitant rate is charged,
it has power to fix reasonable rate.
California-By section 10, article II
of the 1879 constitution, it is provided
that companies shall have the use of