The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-12-04
CITY ATTORNEY HOOPS VIEWS

| the franchise discussion. and to those
who wish to have both sides of the
legal controversy we would sugr"st
a careful perusal OF this calm and Z
| ical discussion. II will be recalled that
Mcssrs. Hood and Sullivan were both
city attorneys under the old council.
and that both were consulted in re-
ference to the franchise matter. MI
Sullivan was opposed to the granting
OF the franchise. and fought very hard
to defeat It. MIR. Hood. on the Other
| hand. advised favorably. MIR. Sulli
van says that the matter of the legal
ity OF the franchise WAS not brought
up while the matter was under dis
| cussion; Mr.. Hood states that the city
| council had the legal right to make
the contract and that he thought 30
then and does now.
Mr.. Hood claims that he should
know what municipal bond Is. as
every bond outstanding against the
city was issued during his service as
city attorney. except ono small issue
Of $4,000. and these were issued while
he WAS mayor. Mr.. Sullivan said he
| was only country practitioner with
| about ten years practice in the gener-
al courts. and that he felt his inability
to cope with the learned and astute
Mr.. Taylor. 1t would, therefore, ap-
pear that the opinion Of Mr.. Hood
| would have some weight in a discus
sion of the legality of franchise mat
ter. and he says tho franchise is
legal one.
We note that Mr.. Hood als1 asks
an "impertinent question" when he
says: What would the people be ask
| ed to vote on when II comes to making
q contract for water and lights?" He
proceeds to answer his own question,
which is wherein The Intelligencer
was at fault. But we were seeking
| Information, and really wished to
know. Mr.. Hood says that 1T would
only question of "D.unicipal own
| ership and control cl tho water and
lighting systems, or whether or not
the city should make the best contract
possible with some responsible con-
| Germ to furnish water and lights to
the city and it's inhabitants on the
most satisfactory basis that could be
negotiated"
| Then follows q discussion OF theicgal
phase Of the subject, in which Mr..
Hood shows that the Charleston and
ESo,, n q L., INN cooau rttod IN, Rdr Chilli
van are not parallel cases at all. Then
he ,comes 10 the point In the entire
discussion that most directly concerns
the. people, OF Anderson who are par
ties to this contract. after all. That is
!! the ..scEa! point Of v!aw. end the OBJ
legations resting upon the people be-
cause OF their quiet acceptance OF the
contract and It's provisions. Mr.. Hood
contends that every citizen had the
right to go to the Supreme Court and
test the validity of the contract. Mr..
Sullivan had this right as a citizen.
and 50 did every member OF tho City
Council who opposed the granting Of
the franchise. Why was 1t not done be-
fore tho Southern Public Utilities
Company had spent many thousands
OF dollars. and practically completed
all the contract called upon It to do?
Mr.. Hood we'll says: 81 do not believe
the Supreme Court would set aside
the contract under the circumstances
even IL 1t should come to the conclu-
sion that the contract was invalid
when passed. and would then have 30
declared had the question been
promptly raised"
MT. Hood pays deserved tribute
to the members of Council for the
hard work they spent in working on
the adoption OF the contract. He says
that It appeared to him that every
member of Council desired contract
that would DO fair to the City and the
company. and that tho negotiations
were conducted without the least ae-
ception on the part Of either party to
the contract. He thinks tho city made
an excellent contract, and that even
the three members who opposed It did
80 on other grounds than that Of un-
desirability of tho terms of the con-
tract.
Mr.. Hood says he shall endeavor by
every proper and honorable means
strive to uphold the validity OF this
contract. made by our clients with
our assistance, AZ their trusted attor-
neys," and that moro fair and bene-
fcial contract could not be made