The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-12-01
CITY ATTORNEY FILES
REPORT WITH COUNCIL
REGARDING DEVELOPMENTS
IN FRANCHISE MATTER
SINCE DELIVERY OF
OPINION
LIC NSE MATTER
Taken Up Last Night and Only
Partially Disposed of-As-
torney's Report.

meeting IN special session last night
at 1880 O'Clock for the purpose of
taking up the license ordinance for
1915, city council made some head
way into the proposition, getting deem
as far as the letter e In the alphabet.
icalfy arranged list of various busy.
nesses and callings for which license
is exacted by the city. The matter will
be resumed at other special meetings
TO be held In the near future and dis
posed OF before the expiration OF the
present calendar year. In addition to
consideration of the license measure.
city council last night listened to a
report from City Attorney G Cullen
Sullivan witt. reference to proceed
ings that lad taken place since he
submitted on November 0, 1914, his
opinion declaring invalid the fran.
chise-contract aud white way contract
OF the Southern Public Utilities COM
pany.
AS generally known, city council
this year Is confronted with the task
OF making up license system on an
entirely new basis. Instead of usinn
the old fiat" system In vogue here
tofore, q graduated scale OF assessing
license must be used. In making un
the ordinance for adoption, city coun-
Gil has called upon the city authori-
ties of Greenville for a copy OF their
law on this subject.
The report filed last night by City
Attorney Sullivan. which was receiv-
ed as Information. Is as follows:
TO THE CITY COUNCIL OF ANDER
SON:
Gentlemen:
On November eth. 1914, read be-
for yon and filed written report and
and opinion as to the validity of the
alleged franchiBe-contract and White
Way contract Of the Southern Public
Utilities Company, In obedience to
your formal instruction embodied In
resolution passed by you September
9th, 1914. in which expressed the
view that under the authority OF GER
tain decisions OF our Supreme Court
l was compelled to advise that these
alleged contracts were invalid be-
| cause. among other reasons, not in ac-
cord with those decisions.
Thefeupon. after discussion. YOU
passed O resolution, part Of which
adopted the following recommends
tfons contained in my written report,
C wit:
Z The. hs authorised 20 sa--
assh 3 cc2y CO .h!s opinion tc
Southern Public Utilities Com
pany with an Invitation to its at
torneys to confer with me and
associate counsel with o view to
some agreement by which the city
and the company may avoid oil
unnecessary expense. litigation.
misunderstanding and confusion
~ xrtfk
er protection OF the interests Of
both parties.
2 That, IL In my Judgment and
that Of associate counsel, IL is
wise to do 80. be authorized to
propose to the company that the
issues TO be submitted upon on
agreed statement OF facts.
8. That. subject also 10 my jiuds-
ment and that of associate coun-
sci. be further authorized to
propose that the citizens interest
ed be given reasonable time to
present O petition OF o majority
. of the freeholdere asking for an
election upon the the issues, such
election. OF course, to be held IL
snch petition be filed within such
time.
beg leave to report that In conse-
Quence OF the resolution adopted thu
Recommendations had copy OF my
written opinion delivered to Mr.. H. A.
Orr. the local manager Of the COM
pany, the day after my report was
filed with you and knowing that the
officials OF the company would prob,
ably wish for n few days for consider
alton. ] informed Mr.. Chapman OF the
company. q few days later that the
<ykk a.
for the city would be glad t. confer
Of the company at their convenience.
A day or so later I gave Mr.. Orr
substantially the same message. think
ing that Mr.. Chapman had perhaps
neglected to transmit It.
| Noreply to thsse invitations has as
| yet formally reached me, although Z
presume from the letter of President
Taylor in reply to that OF Mayor Cod
frey. with which you are doubtless
familiar. TINT the company for reas-
ons satisfactory to itself does not de-
sire o conference. ~ a.
| therefore report. to council for it's
information that its Instructions to
me, resulting from the adoption oe the
above recommendation were carried
out with. the above results,
| 4 My purpose in making the recon-
mendaaions wa3 90 faciIItete finai
settlement Of the issues by en- agreed
statement OF the facts Tor tho courts
TO consider or an agreement 90 sub
NIT the matter to the qualified voters
OF the city upon petition OF freehold
ere With 40 little delay as posnihie
l II the question Is submitted 20 the
qualified voters OF tho city with an
1 agreement that this shall end Il and
thereafter there Is TO be NO litieation
In the courts by either side, this will.
undoubtedly be the quickest. least ex-
pensiye and most permanently satis-