The free lance. (Fredericksburg, Va.) 1885-1926, 1910-08-18
CITY COUNCIL
Action on Franchise for r. E. l.. & p.
Co. Deferred.

The City Council met Monday night
to consider a report from Joint Com
mittee of Ordinance and Finance as to
proposed electric franchise asked for
by Rappahannock Electric Light and
Power Company. Present: President
Bradley, Clerk Eastburn, Councilmen
Lane, Melville, Rowe. Goldsmith, Gar
ner, Embrey, Howard, Green and war
den.
The committee brought in two re-
ports, a majority signed by Messrs,
Lane, Melville. Green and Bradley and
minority by Messrs. Embrey and How
ard.
The majority recommended the grant
ing of a franchise with certain changes
from that passed by the Council in
April and rejected by the company,
and the minority was opposed to grant
ing any franchise.
Before action was taken it was sug-
gested that Col. Burgwyn, president of
Rappahannock Electric Light and Pow
err Company, be heard as to whether
his company would accept the franchise
reported from a majority of the COM
mittee. Col. Burgwyn spoke at length
against the insertion in the franchise OF
the right of the city to assess license
tax on the company for the use OF its
streets for the poles, wires, etc, OF
the company; that his company was
willing to pay to the city during the
life of the franchise, 80 years, as much
tax per anum as it is paying now, but
that his company could not put string
around its neck by giving the city the
right to levy any license it might choose
on the company for the period of 30
years. He, therefore, could not con-
slider the franchise as changed. he
asked that the same franchise be given
the company as had been passed by
Council in April and which had been re-
jected by his company.
City Attorney Fitzhugh was asked to
give his views and read the 18th sec
ton of proposed franchise, the bone of
contention, which is as follows:
10. The said company by the accept
ance of this ordnance, or the exercise
of any of the privileges herein granted,
binds itself and agrees that it will an
nually, during the said term of thirty
years. pay to the city OF Freder-
icksburg whatever license tax
the Council of said city may annually
see fit in its discretion to assess
against said company for the use of its
streets, alleys and other public places
for the erection, operation and MAN.
tenance Of its wires, cables and other
conductors, including the necessary
poles and fixtures and other necessary
structures and appliances, in, upon,
along, over and under said streets, al
leys and other public places Of the city
of Fredericksburg, Va, as its business
may from time to time require. The
city to have lien upon all the property
of said company in said city for its said
annual license tax during said term,
whether assessed or to be assessed, In
preference to all other liens and en-
cumbrances on said property.
Mr.. Fitzhugh spoke of the passage
of the franchise by the Council in
April, which was similar in every re-
spect to the one given the Fredericks-
burg Electric Company, and OF It's re-
lection by the Rappahannock Electric
Company on the plea that it was not
what was ordered published by the
Council; Of the efforts of the commit
tee to frame a franchise which would
give the city the rights to which 1t is
entitled and at the same time to grant
to the Rappahannock Company all priv
ileges consistent with same; that sew
eral meetings had been held by the
Joint Committee, one of which had
been attended by Messrs. Meredith and
Burpwyn: that the Council had evil
denced its desire to grant a franchise
to the company by a vote of 10 to 2,
and that probably the same franchise
would now be given the company that
had passed the Council in April and
later rejected by the company, if it
had not shown a determination to con-
test the license tax which had been as
sessed by the city; that even without
franchise it had allowed itself to be IN
dicted by the grand jury, the case
brought into court and the company
had been compelled to pay license and
costs. Now, if it does this without
franchise. what would 1t demand with
one unless a clause like the above be
inserted in the franchise?
Mr.. Warden asked Mr.. Fitzhugh
what rights merchant had against an
assessment for license which he deemed
excessive. Mr.. Fitzhugh replied, none
whatever; that this had been settled by
appeals TO Supreme court and decided
in favor of the Council having power
to make its assessments.
A vote was taken on the minority re-
port, which was lost by vote of 8 to
2, Messrs. Embrey and Howard vot-
ing for it.
Mr.. Warden moved, and it was unan-
imously adopted, that the majority re-
port be laid on the table until the Rap
pahannock Company shall have time to