The Sentinel=record., 1913-11-29

| "t VI 'llS Nity, anu duOuL lUU
 feet thereof was tested out imme-
 diately, and before this application for an injunction was presented
 That the fire department can only use and does use on it's wagons, trucks, etc. for immediate use. 4.OO0 feet of hose, which amount is neces. sary for proficient work of this de. partment
 That it is necessary 10 protect hose from rot that the same be immediate ly taken from ;he wagons after being wet, and thoroughly dried out. if not. they soon become full of pin holes and worthless, that the life of hose not dried is six months and less, when properly dried out they last for years
 That 1t requires from five to six days to properly dry out hose after being used in a fire and sometimes longer depending on the weather
 That with three sets of hose. ordi- narily, judging from the past. a dry set can always be kept on the wagons ready for immediate use. That it re- quires about one'half hour to place the hose on the wagons ready for use, and it is necessary for fire pro- tection that the wagons be at all times equipped for immediate use. that delay of half an hour after fire alarm is given, would in almost all cases, prove very detrimental to property, and greatly lessen the eff ciency of the fire department. Four Thousand feet of hose is all the fire department can use al one time, and if no provisions are desired to be made. in case the hose should burst. and for economy then 1000 feet Is all that is necessary.
 l have gone thus far into the testi- mony before me, to show why the board of public affairs, and the eight aldermen, acted as they did, no doubt in this matter. Cases of great emer- gencies frequently happen in private affairs, when men are called upon tc act and act at once, so it is with Cit les and all corporations. A corpora ton from its very nature can con tract only through the agency of nat ural persons or other corporations. 1t therefore has inherent power to ap- point agents to make contracts for it. Whatever form of contract made, by such agent, duly appointed or author ized, that will bind natural person will bind a corporation.
 IL is the settled law of this coun. i try, that Municipal corporations, as well as all other corporations, may ratify the acts of their agents, pro. vded the corporation had power to do or authorize the act ratified, acts ultra wires cannot be validated by rat iication The principle of estoppel also applies. The rule being that when the agent of a corporation eX l ceeds his power the principal must as in case of natural person dis affirm promptly. or within a reasona- ble time having regard to the cir cumstances of each ease, provided the unauthorized agents acts are within l the powers Of the corporation.
 In the case at bar, the City of Hot i Springs had the right to make the purchase of the hose, and the board of public affairs was the proper agent of the City to make the same, and ]. ! is now for the City to affirm or dis affirm the action of the board, and if 1 it does not do so within a reasonable
 time. the City will be bound by the 1 boards contract for the same, The i failure of the council to pass the or
 dinance, does not rescind the con- tract. and the most that can be said
 for it. it is an expression of a deter
 mnation to rescind the same. The
 Hose Company not being a party to this proceeding. whatever this court might do would not be binding or
 notice to it.
 As to this proceeding, l cannot eX-
 press my duty in more apt words,
 than did Judge Eakin, in the case of
 Woodruff, Admr vs Berry ct al, 4o Ark. 2G9 "Injunctions are not h
 positive right They rest largely -n
 a sound discretion, to be often deter
 mined by nice balancing of the dan
 gers and inconveniences, pro and con.
 There are reasons of public policy
 which require great delicacy in it's exercise. where it might embarrass
 the ordinary and necessary operations
 of the government In such cases the
 wrong should be clear, and the mis' chief eminent and irremediable, or
 the parties left to their legal ights
 This complaint presents question
 for this court 10 determine of more than passing importance for If the City absolutely needs this hose 10
 orotect the City against fires, 1t might
 prove a very great calamity Tor this
 rourt to grant an injunction agalnst
 inc use of the same, and court CT eonitv would hesitate long and almost roouire fraud and corruption on the |, mart of the board before it would make such an order. but the evidence ih tn