The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-07
[ NJ P0R Z AN 7
MEET ING
HELD
CHAMBER OF COMMERCE DIS
cUsS RESOLUTIONS.
Committee Appointed to Confer With
Street Car Company Regarding
Improved Service and Rates.

The meeting of the Chamber o
Commerce last evening was devoted
largely to the question of street cal
service and rates in the city. AT {
previous meeting OF the organization
the thought was expressed that Il
might be possible to get al improved
service and better rates from the Og
den Rapid Transit company If a con
certed movement were taken in that
direction. To follow this Idea further
the meeting last night passed the fol
lowing resolutions and appointed the
| following committee TO confer with
the street car company regarding the
matter:
Whereas, The street car service in
this city IS inferior TO the service in
most cities of 10000 population. and
Whereas. The advancement and
Gpbuilding of the city is necessarily
retarded for want of sufficient street
car lines and service
Resolved. That a special commit
Tee OF five be appointed by the chair
TO confer with the Rapid Transit
company management and with any
other company that may be induced
TO furnish the city with sufficient
street car service
The committee appointed is as fol
lows; s. S. Smith. Hyrum Belnap,
w. F. Critchlow, w. NJ. Bostaph and
a. +. Pratt.
The president was authorized to ap-
point delegates to the Good Roads
convention, which will be held In Salt
Lake, January IA and Is.
!. ]. Brummitt presented the fol-
lowing resolution, which was adopted: !:
Resolved by the Chamber of Com
rnerce of Ogden City and Weber coun-
~, that this body views with appre-
hension the active campaign being
made by mail order houses OF the east
flooding this country with catalogues
and We pledge our support to the To-
cal merchants against it"
In the matter of subscriptions re-
ceived and TO be collected by the
Chamber of Commerce for the relief
Of the sufferers from the great Italian
disaster, il was voted that all such
should be turned over to the Italian
consul. Jesse FraZZini, inasmuch as
some Of the members had already
made their donations to him. The
president OF the association was dele
gated TO the task of securing further
subscriptions to the relief fund.
Attorney A. f, Pratt read the fol-
lowing opinion regarding the right of
the city council to regulate the rates
charged In the city gas and electric
light and power The report was ac-
copied and adopted and referred to
the committee on public utilities with
instructions TO push the demand for a
reduction of rates.
Chamber Of Commerce, Ogden, Utah.
Mr.. President and Members: At q
previous meeting you requested me to
submit, in writing, my legal opinion
as TO whether or not the city council
of Ogden City is empowered to regu-
late the rates charged by the Utah
Light & Railway company for light
and power furnished by that company
tc the inhabitants of the city, and to
reduce them, If unreasonably high.
| have investigated this question
and my opinion and the reasons there
for follow:
In 1893 the city council OF Ogden
City granted two franchises to the
predecessors of the Utah Light Il
Railway company. under which, i am
informed, that company is now operat-
ing BY one of those franchises 1t is
permitted to furnish gas, and by the
ether. electricity. for light and power
purposes. TO Ogden City and its in
habitants. Both have nearly ten years
yet 10 run. In the gas franchise the
city council limited the rates TO be
charged, but the other contains no
such limitation; in such case, how
ever, there is an implied restriction
Of Its rates to those that are reason
able
The Utah Light & Railway company
Is a corporation of quasi-public
character. a creature of the law. II
derives its power, including the right
To exist as corporate body and serve
the public in the manner 1t does, from
the state. anG is, therefore. subject
to such reasonable restraints AS the
state. through its Legislature may see
ft to impose in the regulation of the
business of all such corporate bodies
The state may. and does in the abb
scnce OF statutory expression OF
contrary Intention. retain the right to
regulate their public service charges,
otherwise the public might be made
the victims OF greed and ayarice. es-
pecially where. as In the case of the
Utah Light & Railway company. the
public service corporation enjoys q
monopoly,
When the two franchises mentioned
were granted. the Territorial legisla-
ture had enacted law. subsequently
re-enacted by the State legislature
and now existing. delegating TO the
city council OF any city within the ter
Titory the power TO regulate the sale
and use OF gas, electric or other lights,
and power. and the charge therefor,
within its limits.
Section 206. subdivision IA OF the
| Complied Laws of Utah, 1907. pro-
yides that the city council shall have
power 10 construct and maintain
waterworks. gas works. electric light
works. telephone lines, etc. .
oil 10 authorize the construction and
maintenance OF the same by others
And subdivision 90 of the same sec
| ticn authorizes the city council "tc
regulate the sale and use Of gas. ma
| tural gas. and electric or other lights.
and electric power, the charge there
for. and the rent OF meters, within
the city. and 10 regulate the inspec-
tion thereof"
This right of regulation is recog-