The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1915-05-22


the 18th inst, was referred to the
special committee appointed by the
Mayor to consider matters relating
to the proper solution Of the electri-
cal situation in this city, and the same
has been duly considered and I have
been requested to make reply thereto,
which Is, also, statement to the
public.
A reasonably full discussion OF the
main question involved together with
such incidental propositions as natur-
ally cluster around the same, must
necessarily be rather lonC, and then
many pertinent things will be left
unsaid.
Permit me at the beginning to as
sure you that we, who are acting for
the City, have absolutely nothing
to conceal, and are willing at all times
to give to you, and to all other citi-
zens of this city, full information.
Your communication contains the
information that upon your invitation
Mr.. Trip, Vice-PresiGent of and Mr..
Olney, general counsel for the United
Gas and Electric company with head
quarters in tn city of New York, and
the real party in inherent in this pres
Wilfred Jessup, local attorney for,
and Nimrod Johnson, manager OF the
Richmond Light. Heat and Power
Company, met with you on the even
ing Of the 18th inst, and that Mr..
Trip casually remarked that the
City was now irrevocably committed
to the purchase 1t seems rather
strange that such a remark coming
from such a source, ostensibly made
casually, bit which might have been
cunningly planned, should have pro-
duced such a panic. as is indicated, in
so conservative committee. And
from your communication, as we'll as
from newspaper publications since
made, we are informed that all Of Mr.
TRIMS associates assented to his cas-
ual remark.
When did Mr.. Jessup change his
opinion? Was it after he had con-
suited with Trip and Olney? On
the afternoon of the 18th inst, he and
argued legal questions before the
WAYNE Circuit Court in the suit
brought by the City to enjoin the
privately owned light plant, and one
of the reasons he then gave as to why
that plant should not be enjoined
pensive betterments was that the
City might change it's mind after the
value is fixed and conclude not to
take the plant, or the City might not
then be financially able to take it,,
under the Law. OF course, however,
it is right and proper for any person
to change his opinion, if, upon fur
Their consideration he deems his for
mer opinion erroneous.
The real question which seems to
be agitating the public mind at this
time may be stated as follows:
Is the City Trevocably bound by
the steps which it has already taken
TO acquire the property Of the Power
Company? Or stated in another
way,-"Has the City already PUR-
CHASED, and nothing remains to be
done except to fix the price which
the City MUST pay?" Or in other
vords,"H the City now, or in the
future stage of this proceeding will it
have. the right to abandon the same?"
| deem it useless to attempt to set
forth every reason or to give the
citation of every authority in support
Of the opinion which l entertain upon
these matters, and shall, therefore, at
this time deal only in general rrinci-
pies, all of which are supported by
an abundance of authority, and shall
city only such authorities as are
deemed necessary in order to eluci-
date these propositions. The law
under which this proceeding before
the Public Service Corporation is
now pending being new and having
never been be.ore our courts for con
INV al
should be analysed according to the
usual meaning of the words therein
contained and elucidated by the appli-
cation OF legal principles in other
matters and proceedings analogous
thereto.
The proceedings now instituted by
the city to acquire the property OF the
utility named rests upon that right
or power known as eminent domain
which is the right Of the nation or
the state or of those to whom the
power has been lawfully delegated
to condemn private property for pub
lie use and to appropriate the owner
ship and possession of such property
for such use upon paying the owner
lust compensation to be ascertained
according to law This right is inner
eut III oil SON tl ClSl1liCo anu S-AiSto IL
the state without any constitutional
recognition and may be by the state
delegated to municipal Subdivisions
thereof and to private individuals;
and this right has been by our legis-
lature, acting for the state, delegated
to municipalities in certain cases and
statutory procedure enacted whereby
such RICH may be fully enforced.
1t is generally recognized, however
that there must be some public ne
cessity in order to justify the taking
of private property for public purposes
but the right and power to determine
such necessity rests with the state
itself, but may be delegated in any
particular case to the party who may
be granted the right to exercise this
power, and the great weight OF au
thority is that where the right of emf
nent domain has by the state been
delegated to city and it has been
given the authority to determine the
necessity of exercising such right,
that it's determination that a neces
sity exists for exercising this power
by it's proper authorities and it there
upon has the right to pursue the