The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-14


court In deciding the Stern case, ant
stating in its decision that 1T wa
blazing the way for all future gen.
erations. and others, how to proceed
in bond issue cases, that 1t never dis.
covered this section 1880, injected int
the light resolution by it's author. es.
pecially So when the attention Fof the
supreme court was called to the sait
section 1880 in our brief in the case
in these words:
Some have mistakenly assumed thai
the power to issue bonds was limited
by sections 2979-29SO revised code 1905
L The law embodied In these sections was
originally enacted as chapter sixteen
laws OF 1887, before the enacting of the
i general law for incorporating cities
h 1t applied. therefore, only to cities and
H villages organized by special acts OF
\ the territorial legislature. All cities al
that time were so organized. !,
THE first general law for incorpora-
| ton of cities was enacted as chapter
| IS laws of 1887, and was approved Ave
days after chapter is, laws of 1887
/ Said chapter %, laws y Of 1887, has
ever since remained in force, being
however, amended from time to time
in minor particulars. In 1905 said city
charter act was advised and re- enacted
as chapter sixty-two laws of 1905.
Fargo was originally organized BY
special act, but in 1887, reorganized
under the general Incorporation act
and hence chapter sixteen laws of 1887
(now section 2S79-29SO revised code)
does not apply to it,
Yet, the author of the light resolu-
ton asserts that section 1880, which is
not a part Of or included within the
charter of the city, does govern In the
issue of'such bonds, and he makes this
assertion, Notwithstanding, section
2759 of the charter which explicitly
says that section 1880 does not apply;
not only this but this uncanny individ-
ual takes a slap" at the supreme court
| in it's decision in the Stern case
wherein the court points out that para
graph five of section 267S of chapter
thirty of the charter Of the city of
Fargo, is the law, under which such
bonds can only be issued.
Now it has always been understood,
| by most people at least, that the SUI
preme court in deciding a question has
| the last guess, but 1t would seem this
weird individual would take it unto
himself to make the last guess"
Then, too, the conceited individual
in a vain conception of his own ac-
complishment, elf-fiattering, over
weening opinion of himself, included
within the terms of the light resolu1
tion these words to be placed upon the
ballots to be used by the electors.
For issuance of $35,000.00 municipal
lighting plant bonds Against issu-
ance of $35,0O0.0O municipal lighting
plant bonds" when no such requires
ment can be found in the law to sup
port them, but on the contrary, the
law governing the form and the words
that shall be placed on the ballot,
found in section SIS of the political
code. says just how ballot, in SUBJ
hitting such a question to the voters
shall be made, AS follows, to-wit: IF
the question be other than constitu
tional amendment it shall be stated
fully and fairly on such ballot, and the
words ives" and mo" shall be printed
on the ballot at the close of the state
ment ON the question, in separate lines
with square of black lines after each
in which the voter may indicate ~
cross or other mark how he desires to
vote on the question"
The like words are provided by this
same individual to be placed on the
ballots on the water bonds. differing
only i'm the amount of the bonds. for
that issue.
Did the author of the resolutions
think that ne could improve upon the
law, "as 1t is writ in the book" or was
he just injecting something else in the
resolutions that would have the effect
of rendering the resolutions void? D.
Then, too the light resolution for
which Alderman Tibert stands sponsor
provides for special election" TO be
called April 4, 1910.
Now why in the name of common
sense, do these worthless, who stand
against and opposed to Fargo having
municipal lighting lighting plant
want to call a special election" for
the, day, and on the day, that the an!
nual election for municipal officers is
fixed by law, to be held, under sec!
ton. 2742 of chapter thirty the charter
of the CITY of F'argo??~ The law pro-
vides in paragraph S, of section 267S
that the question may be submitted at
any general or special election called
for the purpose, now April a. being the
day. fixed by law, for the holding of the
annual election, which is general
election, why is it proposed to have the
city council call a special election"
at which the question shall be sub
mitted, and fix the. date for such spec
ial election" the very same. day, the
law fixes, that the annual election shall
be held?
Are Fargo people. to be treated to
something awfully new, unique and
never to- be heard of, in the way of an
election, by these worthless, who stand
against and opposed to municipal
lighting plant? Or. can that same fine
Italian hand Of some one be seen in this
wind and water tight" resolution Of
George Lucifer Tibert's, ballasted as 1t
is with all this "stuff'' of the learned
(?) lawyer simply and solely that the
bonds voted under the resolution
NAV be easily knocked out" by the
able lawyer Of the gas company?
Then, too. why, in the face Of past
experience OF the city in advertising
bonds bearing 4 per cent semi annual
interest. and not receiving a bid for
them. except the bid of the university
and school lands of the state of North
Dakota, and that with string to IT,
did these worthless, who stand against
and opposed to municipal lightiHg
plant, inject in that, Carefully, drawn
and. prepared light resolution, tap-
proved by the five eminent legal gen
tlemen,' that. it's sponsor says that 1T
has and possesses rate of interest atI I
per cent semi annual, when the law