The central record. (Lancaster, Ky.) 18??-current, 1920-06-10
CITY LIGHTING
Franchise In Question.
RATE.
lEdnoriall

the City asked for a raise Of rates Tor
private and public lighting Of the
City, although the rates were hSed
BY contract purchased By them at
public sale.
Not receiving the sympathy from
the Council that they hoped for effort
was made TO forfeit OF set aside this
contract
They set up claim that this con
trae, vas not binding because the
Constitution Of the State limits the
city's authority In selling franchise
rights or making contracts 20 term
not exceeding twenty years. The
eoutruc, IN questioa limits the privi-
Iege Of Basin Brothers 10 twenty
years. but the contract was accepted
about sixty days prior TO the begin
ming o. the term % contract. Bas-
Tin Brothers now fall upon this as
technical reason 20 permit them to
avoid he contract and are undertak-
ing 20 do so and are now asking an
other contract nj III increased rate
for both public and private lighting
end power. They are urging an inn
mediate settlement ~ the question
in order. apparently to force a sale
Of another franchise by the City
while b~ilding material Is high and
labor IL difficult 10 obtain In order TO
force higher rates In other words
while conditions are such that they
may force the city into paying n high
or rate. While Il may be admitted
that Il - a deba;able question wheih-
or they are correct or not as 10 their
legal. technical objection TO the eos-
tract. 4; Is greatly &c the ci,y's bene-
NJ not TO be forced into a sale Of a
franchise at this time while con-
struetion Of all kinds Is 80 high as TO
be almost prohibisory. In order to
avoid this contract Basin Brothers
have given public notice that they
would cease to furnish. service under
IL 10 the City and lie inhabitants after
Angus, I. 1920.
A sait has been filed by Mr.. J. l.
Hamilton in the form OF an injune-
ton SUE against Bastin Brothers pre-
sumably to test the question upon
the legality OF the contract This
suit takes the form, or pretended
form. BY Mr.. Hamilton that he is act
ing for the benefit Of the people.
But IL Is understood generally and
could he for no other purpose in its
present form but to assist Basin
Brothers to ascertain at an early
date the Courts opinion upon the
legality Of the franchise contract on
Its face. In other words this suit
was filed and intended to operate for
the benefit Of the defendant Basin
Brothers.
To this suit the City has made no
answer Of record so far as we are in
formed. We learn that Judge Hardin
IN hearing the case although holding
the franchise not binding on Basin !
Brothers expresses doubt as to
whether II Is OF whether IL Is not
binding. We have no doubt that a
contrary opinion would have been
delivered by the Court had the City |
plead in this case in addition TO I'M
dersaking to uphold the contract in
It's form that ninety days notice Is
and wa not sufficient notice to avoid
the contract. and that under the cir
eumstanees and present business con-
ditions that the City could not fairly
secure another lighting plant con-
.tructed In the City within a period
Of twenty -four months and that since
this Is an executed contract on the
part Of Basin Brothers that they
rould not repudiate IL in the time
hat they seek to even II their con-
iention be correct. There is an
other vital question that could be
Iuirta ~ Aefet VI wv Wy anu ln
inhabitants that Basin Brothers have
this contract to be binding
md coed and have induced people
xho arc citizens Of tho town to spend
arge sums Of money In buying mot
rs from them and attaching to their
'Owsr plant and are now estopped
rom rvpudiating this contract. We
10 not think that Basin Brothers
hould be permitted TO repudiate this
contract fairly and honestly entered
nto on the part Of the City simply
BECAUSE that times have made Il lit
IL more expensive for them 10 oper-
re the plant and presently their In
ONE not 50 great from this business.
Is the duty Of the City authorities
o oppose vigorously this attempt on
he part Of Bastin Brothers and 70
sht every inch Of the ground. Il
J a huge mistake for the City auth.