The log cabin Democrat., 1910-04-27


 tion that the report be received and | filed was carried. The committee then offered a resolution providing
 that the city council assume control
 and management of the light plant on
 a date which was left blank in the res
 olution pending discussion of the
 resolution.
 Alderman G. D. Dickerson, who is also president of the improvement board now in control of the light
 plant, spoke in opposition to the reso- | lution. He stated that the improve
 ment board feared they would be
 personally liable for the indebtedness
 of the plant should they surrender 1 it to the council and the board was acting or the advice of it's attorney
 in continuing to operate the plant. The law, as he understood it. contein- plated the operation of the plant by the board until it -wns entirely paid for. Dr. Dickerson quoted section of Kirby's Digest which states that as soon as such plant is constructed it shall be turned over to the city council to be operated by the council, and stated that the word "con- structed" in this sense meant paid for" He concluded by stating that the board had been unjustly charged with mismanagement of the plant and that it was their purpose not to sur render the plant except upon an order of court.
 In this connection Mayor Duncan stated he had anticipated that the controversy would come before the council and had obtained an opinion from the city attorney, which he read to the council.
 The opinion stated that while the supreme court had never passed di- rectly on the question and the ex- press provisions of the law were some ] what meager, it was the opinion of | the attorney that the city council had | the right to operate and maintain the l electric light plant in this city. Ac- cording to the city attorney, the word "constructed," when taken in connec- 1 tion with other provisions of the stat utes, does not mean paid for The law expressly provides that such | plants shall be operated by the city council and there is no statute which | provides for it's operation by the inn board constructing it. The | boards duties under the | law, according to the opinion, are con- fined to the purchase or construction of the improvement, the collection of assessments or taxes to pay it's cost and the retiring of notes or bonds ls- sued in paying for the improvement.
 Alderman Robins stated that there was nothing in the report of the light plant committee which reflected on the management of the plant by the improvement board, but, on the other hand, the board was commended for having made an excellent showing; and that the committee had no thought of making the members of the board personally liable for in- debtedness they had incurred, but had recommended that this indebted ness be assumed by the city and placed on lower interest basis than 10 per cent. He stated that the law required the council to operate the plant and the committee thought it should be transferred at once in or der that the necessary Improvements and additions might be installed dur ing the summer months and before the heavy fall business begins again.
 Mayor Duncan and Alderman Drummer expressed themselves in favor of the adoption of the resolu- tion, and Alderman Cole stated he thought the plant should be operated by the council, but did not favor a lawsuit to get possession of it. Al derman Dickerson was the only mem Der outspoken against the resolution, Aldermen Martin and Hairston stat ing that they had not given the mat ter sufficient study and would prefer to have further time before being called upon to vote.
 The council finally adopted mo- tion postponing action on the resolu- ton until next Tuesday night, May 8, and adjourned to meet on that date.