The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1920-02-19

the Power Company to reimburse 1t in
case any damages sesti accrue !.
II 60 nrovided mat the franchise shall
not be exclusive but subsequent extern
sions of the City Plant or OF telephone
lines or other PUBLIC utilities using the
dong without Interference with the
line Of the Power Company.
Section 8.
This Section provides in general
terms that those parts of Chapter 10
to be placed in every franchise. are
made part Of this Ordinance in full.
Section 8.
Provision is made for the acceptance
of the Ordinance by the Company. This
acceptance should be acknowledged and
attested by the seal of the corporation
| in the same manner as conveyance of
real property and the Ordinance should
| SO require.
Section 10.
This provides the time the Ordinance
shall be effective. 1t should set forth
| that the Ordinance takes effect thirty
| 900 days after it's publication as pro-
vided by the City Charter.
In General.
At the present time the City Of Sank
maintain poles and wires in the public
streets for the purpose OF serving the
This right is Of great xalus
of part of the franchise right and cut
| it off from the use and benefit of the
City, there sr tb seng no pe Wand
| then be in less favorable position to
deal with any person desiring fran
chise in the City as they would have
'n The e iegal f Of the Ordinance should
be tied in one PARCEL so that, in case
came imperative for any, reason that
the entire Ordinance would thereby fail
and become imperative. and further
that nd no a Ss Of any
'O 'n LEGALITY.
Section 1.
No consideration is necessary to sus-
tain a proper franchise so that the ex-
preston Of consideration in the Ordi-
nance would not effect the validity:
grants to the Power Company permits
Sion to maintain it's poles and wires for
the purpose of conveying current from
ether power ne the city, is
legal, providing, however, that the
Water Power Company is properly in
corporated as public service corpora
ton.
Section 2.
This Sector, is merely descriptive Of
the route Of the poles and wires to be
set forth in the Analysis.
Section 3.
This part Of the Ordinance is void for
it. is unreasonable. unfair
and is. discriminatory. The Charter
states that franchise may be granted
M nj h St aas p TO taa
thereon; however, this must be inter-
preted in accordance with the General
Law L W which does not authorize the use
to which use the streets can be put
ander this section of the Ordinance.
Sections to 10 Inclusive.
pertain principally to the manner of
the exercise of the franchise, it being
understood that the items referred to
full in the Ordinance. Unless this is
done the Ordinance is absolutely void.
One of the Sections provides that the
be speee dae a the fa eon
nection with the legality of the Ordi-
nance, it must be borne in mind that
the tn rate zs made to the Milling H Company
forth in the Ordinance, will be taken
into consideration in testing its valid
ity. The Courts have held that sur
Ordinance are to be taken into consid-
Grafton to determine it's true intent
A private right Of the kind granted
is entirely foreign to the nature Of a
franchise which can be granted under
the Charter, as any person taking the
trouble to read Chapter 10 Of the Char
ter can readily see il they will endeavor
| to apply the provisions there required
| to be inserted in every franchise to the
present case. Mr.. Plank Of the Power
to insert these provisions in the Ordf-
nance for the reason that they would
| be absolutely without effect. AS the
| is not contemplated by the Charter
which is the only authority for grant
! ing the rights to erect poles and wires
on the streets. This is an unauthorized
Ordinance.
Resnectf1lllv suhnnittad