The Winslow mail. (Winslow, Ariz.) 1893-1926, 1925-05-08
SANTA FE MAY
ENJO|N WORK
ON THE C|TY'S
GAS BUILDING


satisfactory to the railroad, was
read before the city council Tues
day evening. The communication
states that the railroad will oppose
the construction of the plant unless
an engineer in whom the Santa Fe
has confidence is employed by the
city to resurvey conditions at the
plant, and his recommendations
shall state that an entire new plant
is indispensable at this time.
Mr.. McCully's letter, which is
self-explanatory follows:
"The railway company is not
satisfied with the manner in which
the recent bond issue covering the
proposed new gas plant here has
been handled. In the first place,
the Santa Fe was given scant rec
ognition in connection with its sug-
gestion that capable engineer be
employed for the purpose of fig
uring out the requirements.
Understand the bonds have been
sold and will no doubt soon begin
to draw interest, if they are not
already doing so, and probably on
the recommendations and judgment
of some gas appliance expert, the
town will proceed to erect an en-
tirely new generating plant.
81 understand that one of the
partners of the Burns-McDonnell-
Smith company, consulting engi-
neers who are handling the Flag
staff water improvement work, is
in position to furnish man capa-
BILE of giving the situation here the
thought and study that it deserves.
''I am stating facts in this case,
so here will be no misunderstand-
ing, and wish you would inform
our friends, the town council, that
while we do not wish to appear in
the position of opposing improve
ments or the building Nof needed
facilities, we will find it necessary
to oppose the prosecution of this
work to the fullest extent, possibly
through Injunction, if necessary,
unless it is undertaken in a thor
ough and businesslike manner, and
this the railway company does not
feel has been done up to the pres
ent time"
The contents of the communica
ton, which was addressed to Mayor
Fred B. Douglas, had been unoffi-
cially considered previous to the
meeting this week. City Attorney
Phil Sawyer had prepared reply
to Mr.. McCully's letter, which also
was read to the council. It fol-
lows:
"Your letter of April %, to the
mayor and town council of the town
of Winslow, regarding the gas
plant bonds, has been handed to
me for answer
"I may say at the outset that
your threat, acting for and in be-
half of the railroad, is peculiar
one. AS you know, the governing
power of a municipal corporation is
vested in the town council, with
s power to control the finances and
all the property, real and personal,
belonging to the corporation, to en-
ter into contracts for the purpose
of improving property belonging to
the town. Our law further pro-
n
strictly in accordance with the
plans and specifications of the city
engineer and town council.
"The nature of a corporation is
such that it can not be seen, felt
or touched by the senses, but can
act and be recognized and identi-
fled only by means of human
agencies. It's impersonality as a
legal entity with powers, duties
held to account in law through re-
sponsible officers, boards and
agencies, who are representatives
of the people and elected by the
people. In all its numerous and
diverse activities, the municipal
corporation must exercise its pow
erS and perform it's functions
through those agencies which the
state has appointed for it, or en-
powered it to appoint in a manner
prescribed by law. The common
council is the general agent of the
municipality for all purposes, and
exercises all the corporate powers
not expressly committed by law to
other boards or officers. 1t is the
depositary of the most important
power of legislation conferred by
charter, and by it's action the mu-
nicipal ordinances and bylaws are
enacted for local purposes and
government of the corporation.
81 presume, from the contents of
your letter, that you are not salts
fled with the method of the town
council and feel the judgment of
yourself and fellow officials of the
railway company is better and that
you are in a better position to
choose and prescribe a suitable
way of proceeding with the work
embraced herein than the council
is. In short, with due respect for
all concerned, the injunction you
speak of would serve the purpose
of substituting the desire and
wishes of those representing the
railroad and in t11rn daDriva tho