Alma record. (Alma, Mich.) 1878-1928, 1912-12-19
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gence and attention to the follow
| ing
Our arc lighting system is exclu-
sively for street lighting and is not
available for our other service.
A careful reading of the street
lighting contract between the City
and this Company does not reveal
any provision whereby the City, af-
ter it has ordered the installation of
an arc lamp can order it permanently
extinguished When the contract
was made it was the intention and
j understanding of both parties, and
/ the service contemplated was that
beginning with at least thirty-hve
1--WE began with thirty-six) at five
cents lamp hour, the number was
to be increased as the Council might
! order from time to time until the
number should reach sixty when the
price would be four and three&quarter
ter cents per lamp hour The pro-
vision is for increase but none for de-
crease. If the assumption by the
City of the right to permanently cut
out any portion of the service after
ordering and accepting the same, is
valid, and on the order of the Coun-
| Gil the Company proceeds to install
three or any number of new arc
lamps, the Company has no assur-
ance or revenue from the additional
investment, may lose the cost of the
installation, and be at the expense of
! rearranging "its lines and the whole
system be subject to caprice of the
Council much of its value destroyed
and the Company have no redress
The contract gives the Company
the right to light the Streets of the
City and contemplates that when an
arc light is installed it is for the life
OF the contract which runs from Jan
uary 1st, 1908, for ten years This
was the service contemplated by the
contracting parties
Item Bird of the contract says:
"The City in consideration of the un-
dertakings of the Company TO be
kept and performed agrees to pay for
the lighting service herein contem-
plated"
At any given date the service here
in contemplated is the number of arc
lights which have been ordered by
the Council and installed by the Com
pany up to that date.
The Company has kept and per
formed" its undertakings and the
City has not the right either moral
or legal to absolve itself from its OBJ
legations; it promises to pay the Com
pany, not destroy its property. Is it
just, equitable or the Service herein
contemplated" for the Council to
order arc lights installed and then
turn around in a day or year and
say, Cut them out?' 1t cost the
Company over two hundred dollars
to install the two lights on Grover
avenue
Would the Company sign a con-
tract permitting the value of its prop
erty to be destroyed by the other
party to the contract not only once
but as often as the other party may
elect? Does the Council really ex-
pect this Company or any other Com
pany TO do business under such con-
ditions? Was that the service therein
contemplated" in the mind OF the
Council and its honorable president
and clerk when they signed the con-
tract?
The last clause in item 2nd Of the
contract provides as follows: Should
the City from time to time desire to
change the location or height of any
lamps, poles or masts, during the
continuance of this contract, the
Company will make such changes,
City to pay the actual cost of the
same" The language is very plain
and what does it mean but when the
City orders lamp installed it under
takes to use it where placed or else
where?
If the contention of the Council is
valid this clause is mere verbiage and
of no Importance or effect
Incidentally the Council will please
note that the eight lights ordered
permanently discontinued are in the
heart of the territory covered by the
initial installation of thirty-six lights.
The Council does not request the
eight lights moved to other locations
but orders them discontinued and
also orders a new arc light" placed
in each OF three other locations.
This is the condition which the last
clause of item End quoted above was
intended to meet and prevents the
City from permanently extinguishing
any lamp already installed by its
order without locating it elsewhere,
and protects the investment OF the
Company.
The Company denies the right of
the Council to make null and void
this part OF the contract and destroy
a part OF the Companys investment,
put it to the expense OF rearranging
its pole lines and making a like fur
ther investment subject to like de-