The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-08-08

down four rules which have been
laid by the courts in constituting
franchises where no fixed term, of
years is indicated. Some courts have
held that in case of such franchises
the rights granted we're IN perpetu-
ity
| Where Cases Differ. s'
"The cases in which the courts
have so held, however. differ from
the case here under consideration
and | am satisfied that the rule can
not be applied in our case.
1.-THE next two rules that the fran
chise is limited by the life of the
public easement and that the term
| is limited by the life of the munich
pality, also do not apply to our case.
"The fourth rule laid down by
Dillon is, ! believe, the law APP
plicable here. This rule is that the
| term is limited by the corporate life
of the grantee This rule was first
laid down by the United States SUI
preme court in the case of st. Claire
county, Turnpike county, VS.. Illinois,
SO United States 60, affirming 81 ILL
nois TIA, and was followed in the
following cases.
"'Suell VS.. Chicago 1913 Ill. 413.
Rock Island VS.. Central Union
Tel Co. 1872 Ill. App. 24S.
people V. Central Union Tel. Co.
232 Ill., 26O.
"'Virginia Canon Toll Road Co. v.
People % Col. 429.
Estate v. Scott County M. r. Co.
2O7 Mo. "a.
Estate v. Cape Girardean & ].
G. r. Co. POT Mo- IS.
4 Wyandotte Elect. L. Co. v. Wy.
andotte 124 Mich. 43.
"'Rockwith v. State Road Bridge
Co. 145 Mich. 455
Mercantile Trust Co. v. Denver
161 Fed. Rep. 764.
"In the Wyandotte case above cited
Judge Grant used the following Ian
guage. An incorporation under this
act, petition to the city to erect
poles and wires, or for franchise
|
the same by the city, would make a
contract binding for the life of the
corporation. 1t would be immaterial
that no time for the existence of
the right or the franchise was speci.
fed. The grant in such case would
be limited to the period of existence
fixed by the charter. If a railroad
company were organized for a pc
Rod of thirty years, and a party, nat
ural or corporate, should grant it a
right of way without specifying the
time of user, the grant would be
for the life time of the corporation
The law would imply that both par.
ties contracted with reference to its
period of existence. The same rule
is applicable here
Cannot OutIive Corporation.
i Thompson in his great work on
municipal corporations also lays
down the rule that a franchise can
not outlive the corporation to which
it is granted.
81 feel certain therefore of the
proposition that the franchise grant
ed by this city to the Mankato Gas
and Electric Light company will ex
pire at the end of the thirty years
for which the company was incor
porated, which would be March LIST
1919.
81 feel certain that the claim OF
the Mankato Gas and Electric Ligh
company that they have perpetua
franchise is not in accordance with
the great weight of authority in this
country. There are great many
laws, however, which support their
contention.
Il have also considered the ques
ton as to whether the city will have
any right to revoke this franchis,
prior to that date but I am inclined
to the opinion that it is extremel,
doubtful, that the city has any sucl
right base my opinion in this OF
recent decision of the Unitet
States supreme court Louisville VS.
c. T. & T. Co. 244 U. S. 649, 5,
l.. Ed 934.
In this case the supreme cour
held that a franchise of this kline
was contract that could not b,
revoked by the grantor
Another question which arises i.
whether it might not have been tn
intent of the council to confine tn,
franchise of 1890 within the fiv,
year period for which lights are con
tracted for in the same The min
utes of the council meeting in which
the franchise was first presente,
gives some color to this supposition
but after a careful consideration O
the former franchise and all of thu
circumstances surrounding the grant
ing of the 1890 franchise, and tn
wording of the same l consider thi
point as very meager and ez
tremely doubtful one and do not be
lieve it merits serious consideration
Il therefore advise your honorabl
body that it is my opinion that tn
; franchise given to the Mankato Ga
: and Electric Light company will eS
pire on the 1st day of March, 1915
Placed on File.
City Attorney Arthur Schaub's re
port on the franchise question wa
placed on file. and Councilman Gel
, Itch moved that the mayor appoin
three councilmen to engage legal ia
ent to assist Mr.. Schaub in makin
r.