The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-08-23
DEFERRED TWO WEEKS
City Council Will Wait Until septem.
Der Meeting Before Voting on
Electric Franchise.

An adjourned meeting of the city
council was held Thursday evening,
the object OF which was to take
definite action on the electric light
franchise asked for by John Absher,
Of Wagner.
Before taking up the franchise a
bill of S7S was allowed the Mllwau-
kee company for freight on the fire
wagon. Several bills of P +. Con-
nelly, of Sioux Falls, for cement
sidewalks and crossings, we're re-
ferred to the finance committee.
When Alderman Burns offered the
motion that the electric light fran
chise ordinance be taken up and
placed on it's second reading and
final rassage, T. j. Spangler, attor-
ney fer the Mitchell Gas Co., asked
the y ivilege Of making a few
remarks to the council on the fran
chise proposition. His object in
addressing the council was to ask
that action on the franchishe be
postponed until the September meet
ing. 1t was his understanding, he
said, when he went away In July that
the ordinance would not come up for
final passage until the September
meeting and he was not therefore
prepared to make the proposition to
the council for the Mitchell Gas Co,
that be anticipated, as he had not
bad time to get into communication
with the st. Louis bondholders to
formulate the plans. He stated
that the present company had every
thing at its command to furnish lust
as cheap light as any other company,
and that for the coucil to pass the
ordinance at this time would simply
mean a lawsuit and perhaps long
litigation. He said that tue Mitchell
as co. stood by the proposition
that their ordinance was an exclu-
sive franchise and under 1T they
would enjoin the ordinance from
being put into effect. He said that
the company had two years yet to
run under their franchise and that
it was to their interests to protect
their business and the money they
had invested in their plant. BY the
September meeting MIR. Spangler
saia that he would be able to assure
the council that the Mitchell Gas Co.
would be in a position to furnish Just
as good service and just as good and
cheap a light as any other company.
With a litigation on their hands
MIR. Spangler said that it meant an
impaired service to the city and the
consumers of electricity. He declared
that the Mitchell Gas Co. bond
holders had their money invested in
the local plant and that they we're
entitled to be given an opportunity
under the new condition of things
to place their pIanu in the best
possible condition, aud that it would
be an act OF injustice on the part Of
the council to grant the other fran
chise, which, would in a measure
mean a contiscation of the property
of the company. Mr.. Spangler felt
that with all the money that the
bondholders had invested in the city
plant that they we're ehtitled to this
consideration, and he hoped that the
council would extend the courtesy.
City Attorney Hannett was called
upon for an opinion as to the fran
chise now held by the Mitchell Gas
Co. being ar exclusive one. The at
torney said that he was not at this
time prepared 10 state positively
that the franchise was an exclusive
one, although be felt that it was,
but before giving the council any
advice on which to act intelligently
be preferred to look up the question
more thoroughly.
10 response to a question from.
Alderman Koch as to how much in
jury 1t would work against the plan
of the other company, john Absher,
OF Wagner, stated that he had been
waiting for some time for the final
action of the council, and that they
were anxious to get to work on the
plant aud desired to make their
contracts for machinery at once.
In view Of the presentation made
by Mr.. Spangler and the possibility
of an injunction would be sought the
council decided to give the Mitchell
Gas Co. bondholders until the Sep
TENDER meeting to present their
plans for the future.