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

City Attorney ATlnuE 0ouduu tuiS
morning submittedpt the, city coun.
Gil the following opinion anent the
franchise of the Consumers Power
company:
ITO the Mayor and Council of the
City of Mankato. Gentlemen;
have been instructed by YOU ito adj
wise as to the present state of the
electric and gas franchiseeof the Con
sumers Power company. RThe ques-
tion you have submitted To me is a
very complicated one and lone that
has never been considered on the
part of the city heretofore
1.-THE Consumers Power company
themselves have moo franchise grant
or privilege from the city of Man
kato. Whatever fright they have
they have merely as the. tasignees OF
the franchise granted thes Mankato
Gas and Electric Light Company on
the 18th day of October, 1880. This
franchise, was assignables and if il
was, in fact, assigned to the Con
sumers Power company they hold
all the rights granted by it, but
no more.
1.-THE question then arisesssfor what
length of time does the franchise OF
October II, 1890, endure. Before we
can consider this question lit would
be well to consider the history OF
the franchise itself.l On October %
1882, the council of the city of Man
kato passed ordinance NeA AZ of the
compilation of 1897 in which il
granted to C, w. Kanke and o. c.
McCurdy. their successors and as
signs franchise for the construc
ton of gas works. The franchise
provides that it shah be exclusive
for period OF ten years. hut gives
no length Of time for which it shall
endure. ms
Exclusive Franchise Refused.
ION, March 3, 1886, Frank l.. Wat
tiers applied to the council for a
franchise to erect an electric ligh
plant in this city. It's appears from
the minutes of the regular council
meeting of aMrch 3,s1SS7, that al
exclusive franchise for thisi purpose
was refused Mr.. Waters, but the
council unanimously voted Ghim a Ii
cense in lieu thereof 4 This licens.
again c res not fix the time of it,
Duration,
ION the LIST day of tMaroh, 1889
the Mankato Gas and Electric Ligh
compny was Incorporated for a pc
Rod Of thirty years. THey bought
and succeeded toa the,urights of C
w. KankeE apd .QsnC. MeGurdy ant
also of F. fL,e Waters. bGG
"In thee month of October, 1890
the question of lightingsthe city o.
Mankato came up before sthe coun
Gil, and the Mankato Gas sand Elec
trio Light company made az certain
proposition which was in the form
of ordinance No. 4S of the compila
ton of 1897. This ordinance wa
regularly passed, on the nth, day o
/ October, 1890. Unfortunately THU
ordinance also does not. state tn,
time of the, duration of the ffanchis
it grants and the question of hts dun
alton now becomes a problem O
legal construction. The powers hell
by the council at the time sof tn,
passage Of this ordinance i'm relation
| to this matter. Were as follows.
What Council Can Dos
The common council is author
lied to permit the construction an,
operating of street railways within
the said city, and may prescribe tn
street or streets on which thei sam
may be constructed, and may i'm
pose such restrictions and limitation
on the same as to the commons cour
Gil may seem proper; but noe sue
privilege shall be granted to an
individual, individual or corpora
ton for longer PERIOD of timelthal
twenty years; and the said commo
council may also provide for the ii
production and use of electriei hight
within said city, or any other meth
Cd OF lighting the streets of saiH5 cit
under such regulations, as the con
mon council may prescribe
Subdivision Al, Section g, Sui
division Chapter 4, Chapter $S, Spe
cial laws 1887. n
The common council may Fpel
nit the laying of such gas pipes il
any and all the streets, alleysa thigh
ways and public grounds oft.th
city; but in all cases the conrmo
council shall regulate the laying O
the same, so that said gas pipes ma
not at any time interfere with fhefor
struction of common sewers orr tn
lateral branches thereof, or withlfth
proper and convenient locations @
water mains and pipes and mary a
any time require the locations q
any gas pipe to be changed, ifft tn
same shall be found to interfer
with the proper and convenientr Il
cation OF common sewers or swate
mains and pipes 81
! 1t seems plain that the frabehis
] ordnance number 48 was granite
for an indefinite period of times q
its face and the question nowarises
wnen would sdch a franchise expire
/ if ever?
Must Favor the People.
IL IS my opinion that franchise
OF this kind should be construed eth
same as any other contract. That i
mat the object to be attainedfEis t
ascertain the intention of the gran
ors and grantees at the time off it
Delng entered into. With. this on