The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1920-03-04
POWER ORDINANCE
PRACTICALLY dead
MILLING COMPANY ASKS THAT
FRANCHISE GRANT BE
TABLED
O'BRIEN OPINION IS RECEIVED
MINNEAPOLIS ATTORNEY SAYS
WATER POWER SHOULD BE
KEPT AT HOME

The matter OF the proposed ordl-
nance granting franchise to the }St.
Cloud Water Powed company to fur
nish power to the Central Mimi,
Power & Milling company in Sank
Centre, was dropped by the council
at the request of the milling company
Wednesday night.
w. M. Parker, appearing for the
milling company stated that in view
of the proceedings already taken in
the matter, that it was the wish OF
the company that he question OF a
franchise be dropped and the matter
was so closed as far as the city or
dinance is concerned.
Atty. O'Brien of Minneapolis, IN
his opinion on policy, received by the
council, set forth a number OF the
reasons why he does not believe that
the franchise should be granted. He
was especially interested in the pro-
position of using the dam for the
purpose of transmitting energy out
of the city.
Mr.. O'Brien carefully reviewed this
ordinance and Mr.. Plank of the power
company and Mr.. Parker conferred
with him. Mr.. O'Brien was told by
Aldermen Bergman and DuBeau,
who placed the matter before him,
that If the ordinance could be passed
without injury to the city it was de-
sirable to do so as the city wished to
assist the milling company, if at all
possible with out injury to itself. The
opinion of Mr.. O'Brien as to the le-
gality and as to the adviseability OF
the ordinance was requested. Mr..
O'Brien has rendered his opinion and
carefully reviews the situation OF
Sank Centre in electric current IN
connection with the proposed ordi-
mace. His opinion largely confirms
the opinion Of the city attorney and
in addition Mr.. O'Brien points on,
several matters which vitality affect
the city in his opinion.
In the opinion of Mr.. O'Brien the
ordinance is valid in that it does no,
violate any provisions OF the city
charter or laws Of the state OF Mime
sofa, such opinion being based upon
the ordinance itself without taking
into consideration its purpose. IT the
purpose and surrounding circumstan-
ces are taken into consideration
very serious question as to the valid
ity of the ordinance is raised, on the
ground that it would constitute a use
of the streets and highways by the
power company to furnish current to
the milling company which would be
q private use of the streets and II
might be void on this account. Mr.
O'Brien further questions the validity
of the ordinance if the surrounding
circumstances are shown on the
ground that it contemplates rate OF
one and three-fourths cents per 4
W., which is admitted by the power
company to be a cheaper rate than
It would give to any other similar in
dustry and this rate would be a
matter of contract and would not be
fixed by the city council in accord
ance with the provisions of the city
charter. This would take away from
the city the right to fix rates which
Is required by the charter, and
might render the ordinance invalid.
Mr.. O'Brien thinks that the ordi-
nance would be great disadvantage
to the city in the following particu-
lars:
att would put the city at disad-
vantage in negotiating new con-
tract for wholesale power and would