The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-03-29
AGAINST THE ORDINANCE
Reasons Assigned Why the Fran.
chise Ordinance is Not Bene-
fetal to Mitchell,

No. 205 granting to the Mitchell Gas
Company a franchise for twenty
years to operate an electric lighting
plant has been amended so as to meet
all objections urged against the orig
inal measure. There are some citi-
zens who have accepted this state
ment as true. Since it's passage by
the council | have examined it's pro-
call the attention of the citizens to a
number of it's vital elements
Purchase by the City.
1t has been conceded that a provi-
sion in the ordinance is desirable
providing for purchase by the city.
To meet this demand the franchise
was amended by inserting this
clause: (See Section g..
land provided, further, that the
city of Mitchell shall have the right
and privilege of purchasing from
said Mitchell Gas Company, it's sue
cessors and assigns said electric light
and power plant, exclusive of fran
chise, at any time it may so elect,
at an appraised valuation of said
plant, including all it's liens, wires,
appliances and other apparatus used
in connection Herewith. Said ap-
praisal to be made by three compe-
tent appraisers, Il to be selected by
the Company, and n by the City,
and the two so selected to choose a
third appraiser, and the value of said
plant, lines, wires, appliances and
apparatus so fixed, by a majority of
said appraisers shall be the price or
value of said plant, and shall be
conclusive, provided, however, that
the City may elect after said APP
praisal is made not to purchase said
plant; but if it so elects to purchase
said plant it shall pay to the said
Mitchell Gas Company, it's success
ors or assigns the said appraised
value thereof" x y * *
To make a law or contract of some
vitality it is necessary to provide for
it's enforcement. | contend that this
provision is of no value. Unless the
parties readily agree this would be-
come a failure. Suppose the holders
of the franchise decline to appoint an
appraiser, or that the two appraisers
do not agree and do not appoint a
third arbitrator, or that the board
fail to take action-all of which
would readily take place if there
we're objections to the sale. How
would the failure be remedied? 1t
would end in a fiasco.
There appeared in the Chicago
Record-Herald of February goth,
1907, this item:
Eau Claire, Wis, Feb. 19.-May-
or Frawley, City Attorney Larson,
Attorney Wickham, City Clerk Fen
Messy, three aldermen, two bankers
and a clerk with bags of gold, bun
dies of legal tender and currency to
the amount of $253,O0O, marched to
the office of Secretary Willard of the
Eau Claire Water Company this aft
ernoon and Mayor Frawley rendered
the money to Willard and demanded
the conveyance of the water plant to
the city under the appraisal made
in accordance with the company's
franchise.
willard refused the money, say
and that the tender must be made to
pany of New York, which had a
which would have to be satisfied.
The city's representatives picked
up the money and walked out. Later
%,~ -, ~~-t l.. %olo~~o,n - dow nj ON
the trust company. Tedious litiga-
ton is expected before the city gets
the plant and the case may go to
the United States Supreme Court"
This indicates that even under we'll
guarded enactments the i%ntrenched
franchise holders defend their advan-
tages. To ascertain the facts about
Eau Claire ! wrote to the City Au-
ditor asking if the item reported the
facts. He replied: The item is
about correct SO far as the same re-
lates to the tender of the money to
the company. enclose herewith
a copy Of Section 10 of the Water
Works Ordinance
To show the provisions of an or
dinance passed to protect a city
copy substantially the section as
sent me:
Whenever the city shall deter
mine or desire to purchase said
works, the mayor thereof shall give
written notice to said grantees, of
the intention of the city to purchase
and demand of the said grantees, to
appoint and select two persons to act
as arbitrators in fixing and apprais-
ing the value of such water works
without taking into consideration
the property and rights leased or
hereinbefore granted by the said
city to the said grantees, by this or
dinance, which said notice may be
served upon any of the said grantees,
or upon the chief officer in charge OF
the said water works at Eau Claire.
Within thirty days after the date
of the service Of the said notice, the
said grantees, and the said city shall
each select two persons as apprais,
ers, but in case of failure of said
city to appoint such two appraisers
such arbitration shall be thereby
ended. And the four thus chosen
'oho11 n.IAl:- ko,&1o,,.