Montour American. (Danville, Pa.) 1866-1920, 1907-10-24
MUST BUY OUT THE
STANDARD COMPANY

Borough Solicitor e. S. Gearhart
has presented an opinion to council
upon the question as to whether or
not the borough of Danville has the
legal right to manufacture electricity
and electric light for commercial pur-
poses Mr.. Gearhart has arrived at
the conclusion that the borough Of
Danville under the law has no legal
right to manufacture electricity and
electric light except for its own ex-
elusive use as municipality.
That the borough has the clear and
legal right to manufacture electricity
and electric light for it's own use is
conceded. In order to determine clear
ly whether the borough can manufact-
ure electricity or electric light for
other or commercial purposes the So
licitor entered upon an extended re-
view of certain preliminary record
facts touching on the law and the
charter rights of the Standard Electric
Light company of this city. '
Section l of the act of May 30, 1901,
provides that boroughs shall have the
right to manufacture electricity for
commercial purposes for the supply
and use of the inhabitants Of said bor-
oughs and may introduce the arc or
inoandescent electric light and said
boroughs may enact ordinances to in
troduce and supply the inhabitants of
said borough who may desire to use
the said electricity in their dwelling
houses, store rooms and other places
in said boroughs. Provided, that in
all boroughs so desiring to furnish
light, where electric light companies
organized under laws of this Common
wealth are already furnishing electric,
light to such borough or the public,
such boroughs shall endeavor and are
hereby authorized and empowered, to
purchase the works of such corpora
tion at such price as may be agreed
upon by councils of said boroughs and
a majority in value of the stock hold
OiS VI SuSh wi poiatiOh.
The opinion makes it clear that the
Standard Electric Light company is
such corporation as that contemplate
ed by the provisions of the act of 1901
also that the validity of its charter
can not be attacked at this late date.
The law frowns upon that which has
for it's logical result the confiscation
of private property. ,-.
The Standard Electric Light COM
pany and the Standard Gas company
were incorporated on the same day
under the same law, for the manufsct-
ure of gas and electric light for COM
mercial purposes. The two plants be-
ing so inter related that their separa-
tion is absolutely impossible, the So
Iicitor takes the view that the bor
ough could not without great deal
of risk thus purchase the plant of the
Standard Electric Light company.
Concluding the solicitor states
with the manifest injustice done
this or any other borough similarly
situated in the premises, we of course.
have nothing to do. We are simply
constituting the law governing such
cases as we find it in the books.
"And that the citizens of this bor-
ough may be paying an exorbitant
price for their electric light is like
wise a matter with which we have
nothing whatever to do. But in view
Of all the foregoing premises and of
the express provisions of this act Of
1901, we are of the opinion that this
borough cannot legally manufacture
electricity and electric light for COM
mercial purposes for the supply and
use of its citizens until it first legally
acquires this plant of the Standard
Electric Light company as is in the
said act expressly required.
Whether or not this borough could
grant legal franchise to another per-
son, company or corporation for such
purpose is an entirely different mat
ter, which we are not called upon to
decide. "
EDWARD SAYRE GEARHART,
Borough Solicitor.