The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1911-02-09
CITY COUNCIL NOTES.

Inc c1uy council uleu III regular ScS-
sion Monday night. All of the men,
bers were present but one, Alderman
Goetzler.
A resolution was passed ordering the
city attorney to prepare an ordinance
compelling the G. & N. w. II. r. Co.
to move its tracks off the sidewalk
on Franklin street between Fifteenth
and Seventeenth streets. The company
signified it's willingness to move It's
tracks some time ago if authorized to
do so by the council.
The city attorney submitted the fol-
lowing report on the decision OF the
Supreme court on the case OF the city
VS.. the Traction Company.
TO THE HONORABLE MAYOR
AND BOARD OF ALDERMEN:
GENTLEMEN
"In the case of Manitowoc VS. Mani
towoc & Northern Traction company,
| the Supreme Court on Jan. 81, 1911
rendered it's decision. The Court in
| its opinion, upheld every contention
made by the city and overruled every
contention made by the Railway Com
pany and then upon other grounds
| finds, that the ordinance may be set
aside 10y the Railroad Commission.
The Courts order is as follows:
by the Court.-The judgment OF
the circuit court is reversed and the
cause remanded with directions to
enter Judgment enjoining the defend
ant from changing the rates OF fare
between the cities of Manitowoc and
Two Rivers provided for in the ordi-
nance of Nov. "a, 1902, until such time
as such rates are changed by the legis-
lature or through legislative agency
in the manner provided by law
"The Court finds that Judge Burnell' s
requirement that the city put up a
$4,000 bond was without legal authority,
finds that the city had authority tc
stipulate for ten cent rate and that
WDeD lnlS OEuildliSS was oSNS P1NN' ~
became contract; finds that the
Railroad Commission law did not re-
peal the ordinance, and that 1t was
still in force and that the city was en-
titled to the injunction.
''Under the we'll known rule that
court should pass only on the question
before it, it would seem that the Court
should have stopped there, and left
anything else for future consideration
but the Court went further and stat
ed how the ordinance might be sci
aside. In Selectmen VS.. Railway Com
pany, 1879 Mass. 279 the Mass. Court
had Just exactly our situation but that
Court did not go beyond what was
necessary to determine whether ar
Injunction should stand or not.
Relative to the ordinance contract
the Court says:
The contract remained valid be-
tween the parties to it until such time
as the state saw fit to exercise its
paramount authority, and no longer
To this extent and to this extent only
is the contract before us valid sub
sisting obligation. 1t would be un
reasonable to hold that by enacting
sec. 1862 or sec. 1863 Stat. the state
intended to surrender its governmental
power of fixing rates. That power was
only suspended until such time as the
state saw fit to act
"The state having established the
Railroad Commission with authority tC
find what is reasonable rate and tC
announce such rate, such rate become:
the legal rate, but until the commission
makes such finding the franchise con
tinues in force.
"While the victory of the City in thi:
case may be fruitless you have at leas,
the satisfaction of having been correct
in YOUR contention. The Railway Com
pany must pay the COSTS"
In it's report on salaries the commit
tee on finance recommended an in
crease of 800 for Chief of Police anG
the Sexton, $50 increase for each Park
Keeper and $40 raise for the city hal
janitor. At the suggestion of Mayor
Groffman the report was amended by
giving the city clerk and street com.
missioner raise of 800 each. The
report was then adopted and fixes the
salaries for the ensuing year as
follows:
City Engineer $500
City Treasurer 1OOC