The labor world. [volume] (Duluth, Minn.) 1896-current, 1921-01-08

OOA&VHA1 W LAAO Q04 IASS 1l1dA4u8 t11cIIlS
that they were not made primarily to
promote the common good; that they
were we'll calculated to secure results
which: would not be secured had no
offers been made; and that such Of
fers in substance and effect consti-
tuted bribery, which as a matter of
course, vitiated any official action
taken in pursuance Of such induce
ment:' .~..:.
''This quotation fairly reflects the
attitude Of the courts toward any do
nations Of money to public authorities
vested with discretionary covers
which they are presumed to exercise
solely Tor the public good. It is only
when no selfish interest can possibly
he attributed to the donor that the
courts look with favor on such :dona-
lions, and I presume it will be con-
coded that the, street railway company
does not come within that classifica-
ton.
Against Public Policy.
Justice Winslow Of the Wisconsin
court in State VS.. Ryan, 127 Wis. 500,
a case where highway commissioners
ordered an alteration of highway on
condition that a land owner would
build the highway and a necessary
bridge at his own expense, said:
Highways are only to be laid out
when the public good will thereby be
promoted Private considerations or
inducements cannot rightly enter into
the question in any degree: If private
individuals with special. interestsswere
allowed to bargain with public offic-
ers who are exercising this important
and sovereign power, and to offer in
:ducements Of any kind tending to in
fluence their free action the interests
of the public would be at once in jeo-
pardy. Not only are such bargains
void as against public policy but Of
ficial action thereon ceases: to be
based solely upon the public welfare;
and becomes tainted with some degree
Of private interest. -
Ito approve such a course would
open the door to injustice and favorit-
ism. It avails not that the majority Of
the board testify that they would have
decided to lay the road had the bond
not been given. No nice separation Of
motives is possible. There is safety
only In the prohibition Of such trans
actions
|. Tired of Elections.
IT it be conceded for the moment
that the council has the power to call
q special election at the time they did
call It; tho people certainly; were JUS
titled in assuming that they would use
an independent and unbiased discre-
ton in arriving 1T that decision.
!. Many considerations are involved
In holding an election in addition to
the question Of expense: It is no ,triy-
ial matter to ask $4,000 citizens to go
to the trouble: Of voting for the fifth
time IN 4 period Of eight months (the
third time on: this particular matter)
knowing that If they fail to- do 10 a
minority may saddle upon their COM
munity an additional expense vari-
ously estimated at from $18O.0Q0 to
100000 per year. That consideration
alone, in addition to the greater bur-
den 1t throws on city officials who
presumably have enough to. do to:
carry out their ordinary duties. should:
have given the city council great con-.
Germ. 81
+ Its decision; on: such an important
MISTER should not be permitted to be
-tnfluenced by the payment Of money
to- the city by a private interest, pri-
,narily: for its own benefit, aud the,
courts seem to be unanimous in hold
/ Ing that any action so induced is void.
The action Of the council does not
make any contract or offer Of. con-.
tract. III ..1 u! & III.
Would Limit Franchise. t
The question OF the validity OF the.
ordln&ncesi itself involves q. great many
considerations under which tie. street