Richmond Palladium (Daily), Volume 40, Number 137, 22 May 1915 — Page 2

PAGE TWO.

:' TOERICHMONI) PALLADIUM AND SUN-TELEGRAM," SATURDAY, MAY. 22, 1915

SALOON BAR PLANT CLOSES DEPARTMENT

CHICAGO, May 22. Five big factor: ies of the Bruhswick-Bafke Collender company, the largest manufacturers of saloon fixtures in the United States, have closed down their bar fixture departments. The men who have been working on saloon fixtures will be given employment making talking machine cabinets, billiard and pool tables and bowling alleys. "The day of the saloon is past, in the belief of the company's officials," explained H. F. Davenport, secretary of the company. "Also we desire to divorce the billiard room and bowling alley from the saloon as completely as possible." Sermon Topics in City Churches Earlham College and West Richmond Friends Elbert Russell and Murray S. Kenworthy pastors; Bible school at 9:00 a. in., Harrison Scott, superintendent; meeting for worship at 10:30 a. m., Elbert Russell in charge; Intermediate and Junior Christian Endeavor at 2:15 p. m.; Christian Association at 7:00 p. m., Earlham Hall; Fellowship Group at 7:00 p. m., meeting with Mr. and Mrs. Elbert Russell, 610 National road; Ladies' aid Tuesday afternoon; prayer meeting. Thursday, 7:30 p. m. First Baptist North Eleventh, near Main street, W. O. Stovall, pastor; J. "Will Ferguson, superintendent; "Welcoming Day" for all the people of Baptist preferences in the city; worship with preaching by the pastor, subjects 10:40 a. m., "The Real in Religion"; 7:30 p. m., "Staying Away From Christ"; Sunday school, 9:15 a. m.; Young People's Meeting, 6:45 p. m.; kindergarten where small children are caTed for while parents attend morning worship. First Church of Christ, Scientist North A, between Fourteenth and Fifteenth streets; subject, "Soul and BodV; Sunday school at 9 a. m.; services at 10:30 a. m.; Wednesday evening testimony meeting at 7:45; public cordially invited; reading room, located in south end of church edifice, open daily except Sundays and legal holidays from 1 to 5 p. m. United Erethren Eleventh and North B streets, H. S. Jumes, pastor; Bible school at 9:20 a. m W. L. Eubank, superintendent; preaching at 10:30 and 7:30 by Rev. J. E. Shannon of Marion, Ind.. conference superintendent; Dr. Shannon will also give n short address to the Bible school as a part of the Visitor's Day program which both Sunday school and church observe Sunday; Christian Endeavor meets at 6:30, Miss Ruth James, leader. Special music at all services. First Methodist Episcopal Corner Main and South Fourteenth streets; Harrv Curtin Harman,. minister; Sunday school at 9:15 a. nv, Delmont S. Brown, superintendent; preaching by the minister at iu:au a. m., iao Meetings at 11:45 a. m. and- 6:30 p. m.; Epworth League devotional serving at fi-.u0 n. m.: tonic "Are Chil dren in Our City Getting a Fair Chance"; leader, Mr. Harold Brown; preaching by the minister at 7:30 p. m Second English Lutheran Northwest Third and Pearl streets, C. Raymond Islev. pastor: Sunday school, : on a. m.; morning worship, 10:30 a. 3i. ; evening worship, 7:30 p. m.; week-day prayer service, Wednesday, 7:30 p. m. Second Presbyterian Church Bible school at 9:15: morning worship, with reception of nw members at 10:30; Junior C. E. at 1:30, Miss Ruth Bradley, superintendent; Senior C. E. at ,1:30; Elmpr Hale, president; poular service at 7:30. subject, "The Face of the Church"; music by the Junior choir. Prof. Woods, director. Elmer E Davis, minister. Whitewater Friends Church Corner North G and Tenth streets, O. E: Chance pat-tor: Eible school. 9 o'clock, George Graham, superintendent; hour for worship, 10:30, "Brotherhood of Man"; Christian Endeaver, 6:20; ?vehing service, "The Great Search"; prayer meeting Thursday at 7:30. First English Lutheran Corner Eleventh and South A streets, E. G. Howard, pastor; Sunday school at 9 i. m., E. B. Knollenberg, superintend?nt; special ' Father's Day" exercises p.-ith an address by Prof. F. G. Pickell and solo by Frank Braffett; morning worship at 10:30, A Whitsunday serT.on by the pastor; Luther League meeting at 6:45 p. m.; evening worship at 7:30, sermon, "The Call of the Spirit"; special music by the Senior nhoir with mixed quartette. All are welcome. Fairview Methodist Episcopal Corner ol Charles and Hunt streets; SunSay school, 9:30 a. m.; S. A. McDonald, superintendent; public worship, 10:30 a. m.; Epworth League, 6:30 p. ii.; Memorial service, 7:30 p. m.; prayer meeting Thursday, 7:30 p. m.; norning theme, "Thorny Ground Bearers"; evening, "The Hproic in Life"; special music. J. P. Chamness, minister. St. Paul's Evangelical Lutheran C. Huber, pastor; Sunday school at 9:00, George C. Bartel, superintendent; German services at 10:30, followed by be holy communion in German; English services at 7; at this service there will be the reception of members and the holy communion in Snglish. Grace Methodist Episcopal Corner Vorth Tenth and North A streets, LMysses S. A. Bridge, minister; Sunlay school, 9:15, C. H. Kramer, superintendent; morning worship, 10:30; nemorial service. Sol Meredith Post, 3. A. R., ladies of the G. A. R. and Selier Corps and Sons of Veterans Ml! attend; sermon subject "Our Dejarted Heroes' Message"; appropriate liusic; Epworth League, 6:30; class meeting, 6:45; evening worship, 7:30, mbjct. "The Open Books." St. Paul's Episcopal Eighth and Wth A strepts. Rev. J. S. Lightbourn, ector. Holy communion every Sunlay at 7:30 a. m., also on the first Sunlay of each month at 10:?,0; morning irayer and sermon at 10:30; evening rayer and sermon at 5; Saints' days, loly communion at 9:30; other days y appointment. South Eighth Street Friends Trancis C. Anscombe, pastor; Bible ichool, 9:10, John H. Johnson, superntendent; meeting for worship, 10:30; fhAtia.n Endeavor Society, 6; 30;

MRS. WOODS TO MOTOR - TO THE WEST COAST

V."""' 1 v'ml f0

Mrs. Al H. Woods, wife of the theatrical manager, will set out from New York soon on her second attempt to drive a motor car from ocean to ocean. Mrs. Woods says she will drive the car herself, and she has marked out her itinerary, which will take her through Cleveland, Chicago, Omaha, Denver, Salt Lake City and Los Angeles. Mrs. Woods' first attempt to span the continent in an automobile was made a year ago as the outcome of a bet with her husband. Having reached Butte, Montana, she was compelled to give up on account of bad roads. At that time she said she would try again. Ladies Aid society, Tuesday, all-day meeting; prayer meeting, Thursday, 7:30. Trinity Lutheran South A and Seventh streets, Rev. A. "J. Beck, pastor emeritus; Sunday school 9 a. m.; morning service 10. St. Andrew's Catholic South Fifth and C streets. Rev. Francis A. Roell, rector; Rev. George James, assistant; low masses at 5:30 a. m., and 7:30 a. m.; singing by children's choir at 7:30; high mass at 10 a. m.; Sunday school, vespers and benediction at 2:30; Holy hour at 7:30 p. m. Wed nesday. St. John's Lutheran South Seventh and-E- streets. Rev; A. J.'Feeger, pastor; German service, 10 o'clock; evening service 7 o'clock; Sunday school, 9 o'clock. St. Mary's Catholic North A street, between Seventh and Eighth, W. J. Cronin, rector; A. B. Duffy, assistant; hours for masser, 6, S and 10; instruction at 2:30; vespers and benediction at 3; Holy hour Wednesday at 7:30 p. m. Earlham Height Church, H. S. Weed in charge. Sunday school at 9:30, J. Clark McKinley, superintendent; young people's meeting at 6:45, leader, Mildred Delcamp; evening worship at 7:30; prayer meeting Thursday at 7:30 p. m. North A Street Friends First day school at 9:15 a. m.; meeting for worship at 10:30 a. m.; mid-week devotional at 7:30 o'clock p. m., at the North A Street Meeting House on Fifth day (Thursday) evening. First Christian South Tenth and A streets, L. E. Murray, pastor; Sunday school, 9:05 a. m., F. G. Pickell, acting superintendent; communion service, 10:30 a. m.; Mrs. Ross of Canton, Mo., will speak at this service; Mrs. Ross is the mother of Emory Ross, a missionary in Liberia, Africa; evening evangelistic service, 7:30, subject of sermon, "The Descent of the Holy Spirit"; recognition of White Sunday; C. E. prayer meeting, 6:45 p. m., Mrs. Burns, leader; S. S. Workers conference, Tuesday 7:30 p. m. First Presbyterian North Tenth and A streets; worship next Sunday at 10:30 a. m. and 4:00 p. m.; Sunday school at 9:15 a. m.; Joseph John Rae, pastor; W. O. Wissler, S. S. superintendent; subject of morning sermon, "Two Poor Prayers"; at the afternoon service which has been changed for this Sunday only from 4:45 to 4:00 o'clock the pastor will preach the Baccalaureate sermon to the graduating class of the high school, the subject of the sermon will be, "A Master's Mastery"; special music will bft furnished by the quartette; pastors and people of the city cordially invited. East Main Street Friends M. S. Hinckle. pastor; Bible school, 9:20, Persey Smith and Lewis Campbell, superintendents; morning worship, 10:30; C. E., 6:30, Lillian Eves, leader, topic, "Religious Reading: What and Why?"; evening meeting for worship. 7:30; from 1:30 to 3:00 or 3:30 in the afternoon, a number of teams of Young Friends will engage in a simultaneous effort to reach a number of the homes of those prefering East Main Street Meeting; owing to the high school commence on Thursday evening, it has been proposed to hold the prayer meeting on Wednesday evening. This will be decided in the Sunday morning meeting. Central Christian Corner North Twelfth and B streets, W. R. Motley, pastor, residence 106 South Twelfth street; Sunday school, 9:05 a. m. ; preaching, 10:30 a. m. and 7:30 p. m., morning subject, "The Nam Christian," evening subject, "'The Ninth Commandment"; Y. P. S. C. E., 6:30 p. m.; community night, Thursday night. You are cordially invited to all the services of this church. Whooping Cough. "When my four children had whoop ing cough a few years ago I gave them Chamberlain's Cough Remedy. There is no better remedy made for this disease," writes Mrs! John Gratz', Bl'uffton, Ohio. Obtainable" everywhere. Adv.

Text of Bond's Statement on Plan To Buy Light Plant of R.H.L.&P

To the Public Service Corporation Committee of the Commercial Club: Gentlemen: Your communication to the Mayor and Board of Works under date of the 17th inst., was referred to the special committee appointed by the Mayor to consider matters relating to the proper solution of the electrical situation in this city, and the same has been duly considered and I have been requestel to make reply thereto, which is, also, a statement to the public. A reasonably full discussion of the main question involved together with such incidental propositions as naturally cluster around the same, must necessarily be rather Ions, and then many pertinent things will be left unsaid. Permit me at the beginning to assure you that we, who are acting for the City, have absolutely nothing to conceal, and are willing at all times to give to you, and to all other citizens of this city, full information. Your communication contains the information that upon your invitation Mr. Tripp, Vise-President of and Mr. Olney, general counsel for the United Gas and Electric company with headquarters in th city of New York, and the real party in intere.-.t in this present controversy, together with Mr. Wilfred Jessup, local attorney for, and Nimrod Johnson, manager of the Richmond Light. Heat and Power Company, met with you on the evening of the loth inst.,. and that Mr. Tripp "casuaHy remarked that the City was now irrevocably committed to tho purchase." It seems rather strange that such a remark coming from such a source, ostensibly made casually, but which might have been cunningly planned, should have produced such a panic, as is indicated, in so conservative a committee. And from your communication, as well as from newspaper publications since made, we are informed that all of Mr. Tripp's associates assented to his casual remark. When did Mr. Jessup change his opinion? Was it after he had consulted with Tripp and Olney? On the afternoon of the 12th inst., he and I argued legal questions before the Wavne Circuit Court in the suit-i brought by the City to enjoin the privately owned light plant, and one of the reasons he then gave as to why that plant should not be enjoined from making new additions and expensive betterments was that the City might change its mind after the value is fixed and conclude not to take the plant, or the City might not then be financially able to take it, under the la-v. Of course, however, it is right and proper for any person to . change his opinion, if, upon further consideration he deems his former opinion erroneous. The real question which seems to be agitating the public mind at this time may be stated as follows: Is the City rrevocably bound by the steps which it has already taken to acquire the property of the Power Company? Or stated in another Avay, "Has the City already PURCHASED, and nothing remains to be done except to fix the price which the City MUST pay?" Or in other words,"Has the City now, or in the future stage of this proceeding will it have, the light to abandon the same?" I deem it useless to attempt to set forth every reason or to give the citation of every authority in support of the opinion which I entertain upon these matters, and shall, therefore, at this time deal only in general principles, all of which are supported by an abundance of authority, and shall city only such authorities as are deemed necessary in order to elucidate these propositions. The law under which this proceeding before the Public Service Corporation is now pending being new and having never been before our courts for conduction upon the questions involved, should be analyzed according to the usual meaning of the words therein contained and elucidated by the application of legal principles in other matters and proceedings analogous thereto. The proceedings now instituted by the city to acquire the property of the utility named rests upon that right or power known as eminent domain, which is the right of the nation or the state or of those to whom the power has been lawfully delegated to condemn private property for public use and to appropriate the ownership and possession of such property for such use upon paying the owner just compensation to be ascertained according to law. This right is inherent in all sovereignties and exists in the state without any constitutional recognition and may be by the state delegated to municipal sud-divisions thereof and to private individuals; and this right has been by our legislature, acting for the state, delegated to municipalities in certain cases and statutory procedure enacted whereby such righ may be fully enforced. It is generally recognized, however, that there must be some public necessity in order to justify the taking of private property for public purposes but the right and power to determine such necessity rests with the state itself, but may be delegated in any particular case to the party who may be granted the right to exercise this power, and the great weight of authority is that where the right of eminent domain has by the state been delegated to a city and it has been given the authority to determine the necessity of exercising such right, that its determination that a necessity exists for exercising this power by its proper authorities and it thereupon has the right to pursue the course designated by statute. According to those propositions, therefore, the action which the city has taken up to this time amounts to a determination that a necessity exists for acquiring this plant, and having determined that such necessity exists, which is always necessary -to be done before any such proceeding is instituted, it is now proceeding as by law provided, in order that it may ultimately acquire this property. One 'of "the rights" conferred "upon cftiea by the public service commis-

City Attorney holds city has not yet purchased the plant of the competing utility and that the city has the right now to abandon the proceedings without the consent of the utility That the city has the right within the time allowed by the commission, after the value of the plant is fixed and the terms and conditions named, to abandon this proceeding, but in such event it would be liable for the necessary costs.

sion law. Acts 1913, page 167, etc., is stated as follows: "Any municipality shall have the power, subject to the provisions of this act, to acquire by condemnation the property of any public utility," etc. This is the power which the city is now exercising. Another provision of thiB act Is as follows: "Any municipality shall have the power, subject to the provisions of this act, to purchase by an agreement with any public utility any part of any plant, provided that such purchase and the terms thereof shall be approved by the commission after a hearing as provided in this act." It seems to me that those who regard that the city has already purchased, must be considering this part of the statute. It no doubt would be true that if the city and this utility were to enter into a contract containing definite terms" and conditions, which of course would include the price to be paid, and then submit the same to the commission for approval, that such a contract would become binding on both parties when the commission approved the same. But we are not proceeding in this manner, and therefore this provision can not apply. We are seeking to condemn exercising the power of "eminent domain," as,, delegated to the city by the sovereign power of the state, and our rights, duties and liabilities must be measured by the statutory provisions applicable to this method of procedure. That the city has the absolute and unqualified right to abandon the proceeding which it instituted herein. I haven't the slightest doubt, and this opinion is supported by an unbroken line of numerous authorities, both in text books and by supreme courts. Will any one contend, who is at all familiar with the subject, that the city would not have the right at this stage of the proceeding if it were seeking to condemn land for street, sewer or other lawful purposes, to abandon such proceedin? Surely not. What is there, then, in this particular proceeding which places it entirely outside of the universal rule in all similar condemnation proceedings? A railroad company or other corporation invested with the power of eminent domain under the laws of this state has such right, and what reason, therefore, can be given to deny such right to a city? The provisions of our statute confer upon counties the right to acquire real property by condemnation for certain purposes, but under well recognized authorities the county may abandon such a proceeding after the price is judicially determined, and if so it will rot hecome liable to pay to the owner of sucn property me v-.uc , thereof. If however cour-l cn" ; summates the transact on it mus tj pay the price before it gets title. ( 1 nese same luyuoiuuuo , annlicable to the state. Although tne provisions of these statutes are not ex actly like the one now unaer consmeration, yet the method of procedure is somewhat analogous. The supreme court of Kentucky in considering this question says: "The weight of authority undoubtedly is that "in the absence of statutory provision, the effect of provisions for condemnation is simply to fix a price at which the party condemning can take the property, and that even after condemnation or judgment .the purpose for taking the property may be aharrtnnprt without incurring any li ability to pay the damages awarded SiirVi is thp. correct rule on tne budject and to adjudge otherwise would reauire such applicant, whether a pri - nicipaiuy. vo suuiu.t '"'r':" of exorbitant values upon condemned for public use, and to often take possession of or purchase mat which might be detrimental instead of honefiiMal to the Dublic interests. ! government or bv a corporation, to linm that nowr is delegated, the Wlieiuci iug "vi 1 ' -w whom that DO same rule should apply. The right is sc.n for the reason that the public good demands the use of the property and the rule applicable to the state should apply to the corporation." The same court in a later case at some length approved this former decision. ' The supreme court of Iowa in con sidering this question says: nrir the statute

lilt? Ill ULCCUtllHO --- UU CI Ul lli V wtJK.lv uiuiao f " - J - - - for the condemnation of lands to the xhaustert. Accordingly, it is a rule uwrf .imniv fivps theif ,et ,,niv0,.ci anniiration that in

USc wl ol lamuuu ' ' j price at which upon actual payment the company may take the right of way. The judgment assessing the amount of the damages passes no title to the company before payment, and does not bind to accept the lands and pay the amount assessed." The supreme court of Illinois in discussing this question says: "Where the company has not appropriated the land at the time of the trial it would be improper to render judgment for the recovery of the money or to award execution because it can not be known that the company will not enter upon the land. It is under the statute the payment of the money found by the jury and not the order of the court alone that confers the right. Although petition has been filed and damages assessed and the order of the court pronounced and entered, the money must be paid before the right to enter-attaches, and until they pay the damages fhey have the right to abandon the location of the route thus made and adopt some other." The supreme court of Ohio has approved this rule. The supreme court of Missouri in discussing the question of the right of a city to abandon a condemnation proceeding, says: ; "The authorities directing such, improvements should have and in the absence of statutory provisions are

generally held to have discretion to accept or reject the property at the price fixed. A man of prudence relinquishes a project when he finds the costs is likely to exceed in a large measure the benefits; it would seem intolerably unreasonable to require the agent of the public to pursue the opposite course." The supreme court of New Jersey, in considering this question, says: "The public authorities in the absence of any statutory provision to the contrary have a reasonable time given them after the ascertainment of the expense of the scheme to decide whether to accept or refuse the land at the price fixed. On every account that rule commends itself to my judgment. With respect to the land owner the procedure is fair and just; it calls for a reasonable valuation of his land and if the. public reject it at the estimation, he suffers in general no detriment; and if in any exceptional case an injury is done to him, he is entitled to reparation. On the other side the rule in question is a necessity in view of the rational conduct of public affairs. The question whether a public improvement is wise or unwise, expedient or inexpedient, can not be answered by any one who is ignorant of the expense that it involves, and therefore to require public agents in handling these matters to disregard this plan would be altogether absurd. In construing any statute authorizing one of these undertakings every reasonable intendment should be against reading it in a sense that would put the public in this false po

sition. The legal effect of such acts should be held to be that they compel the land owner to offer the public the required land at the ascertained j price and that when the price has been finally ascertained the public has a reasonable time within which to make an election either to accept or reject the offer. . . . The doctrine as settled has the great preponderance of judicial opinion in its favor, and it should not be disturbed or called in question." The American and English Encyclopaedia of Law, in considering this question, says: "In the majority of states the rule is that the taking is not completed until there has been payment or security of compensation, or until the condemning party has entered into; possession of the land. At any time before this the company may abandon the proceedings and no payment of compensation will be necessary." The supreme court of California, in dicsussing this question, uses this language: "It is a mistake to suppose that any title comes from mere appropriation or another's property or irom tne tasng of the legal Proceeding o condemn lt . . The rlght tc . take under the terms adjudicated accrues i iiuiu me legal piutrcuiiife iuc twtion the report the confirmation then the price becomes fixed. But no rieht to entry much less of title accrues so far. The petitioner condemning, tne representative oi a siaie, is then in a condition to be a purchaser; the other party is in a situation of a vender making an agreement of sale on condemnation precedant, but retaining his title and possession until payment. . . The report and assessment of the commissioners are only effectual to fix a price for the property for the purpose of enabling the company to take it at that price at the time or within a short period after the assessment and the confirm ation of the report. lo entitle tne company to take the property they 1 must avail themselves of the priviA lapsei " ..." an abandonment of all claim to it." The supreme court of Kansas, in discussing'this question, says: "After the judgment s rendered in ; company may take the land or not at its ontion. But until it pays for the , a. " ' -" ' - land it gets no title." jyiivju. .uui uwt.. ... .7 The court of appeals of the District of Columbia, in considering a similar question, says: "The proceeding to condemn property for public use is not in the na - ture of a contract between the owner and the condemning party, and, until the propertv is actually taken and compensation made or provided, the f ,nnH6mnlrr nartv i not liiiiruouuun ix4t i v v- " ' ( J 1 auiiwoi um- v4 t, t, , . . . . the absence of any statutory provi - sion showing a legislative intent to the contrary, condemnation proceea.s-- t t Hrr. hrArP tho right of the property has become completed" The Cyclopedia of Law and Procedure on this Question says: "The proceeding may be abandoned oven after the damasks are assessed.

and a reasonble time should be given, "me- or ine commission nxes 11 wunin 6rpU8 profits derived from the elecafter the price of the land is fixed, for : the latitude which the statute names, i trjcaI business in this city, either tn the petitioner to reject the award and i then the "public authorities" must the pockets of our own people or in abandon the proceeding." "accept or refuse" on or before the the city treasury, or would you rather Dillon on Municipal Corporations, ' date fixed or they are forever debarred ! that this surplus shall, in a constant which is a text book of high authority, , from so doing, so far as this proceed-! stream, go to the City of New York in discussing this question, says: j g is concerned. This is the only con- i to fill the coffers of speculators, who "Until the assessments for damages ' struction which can be given this 1 are willing to fatten at our expense? have been made, the amount cannot be j Phrase, and make it harmonize with if you are with the city, give us your known; and on the whole it is season-! the great weight of authority, only j assistance. If you are against it. we able that after having ascertained the ! some of which are above given. Be-j ought to know at least where you expense of the project the corporation j sides, the word "allow" means "to j stand and the reasons therefor. Let should have a discretion to go on with i grant," "to permit." not to hinder." 1 us discuss the questions involved it or not as it sees fit. it being liable I It therefore, must mean that the city ! calmly and dispationately and entirely in proper cases in damages for any i is granted permission or allowed a i free from garble either by word or wrongful acts injurious to the owner." j certain time in which "to accept or mouth or in the press. In support of this proposition the i refuse" the property at the price fixed i There questions are propounded to author cites many authorities from and under the terms and conditions you and to all other citizens in the elmost every state in the union, and named. same spirit of fairness and kindness among them cases from this state. i The latter portions of this section that you asked yours, and I trust that

Lewis on Eminent Domain, which is a well recognized authority, in considering this proposition, says: "The weight . of authority .undoubtedly' is that in the absence of statutory provisions on the question ,the effect

of proceedings for condemnation is simply to fix a price at which the party condemning can take the property sought, and that even after confirmation or judgment the purpose of taking the property may be abandoned without incurring any liability to pay the damages." The authority in support of this proposition, cities more than fifty authorities. Some stress, I understand, has been laid upon that portion of the public service commission law declaring the effect of surrendering a grant or franchise by a public utility and receiving in lieu thereof an indeterminate permit, and I therefore deem it proper to discuss briefly this question. A public utility operating under an

indeterminate permit is "deemed to have consented to a future purchase of its property by the municipality," etc.; and it "shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the verdict of a jury; and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in this act." This utility, then, by its acts has placed itself under the provisions of this law. But nowhere in this law is there any statement or provision that the city shall by any act or failure to act, thereby become a purchaser, and it would be a very extrordinary proposition to hold that a city is bound by a contract which it has not made and without the price, terms and conditions being first determined. To conclude that under the circumstances the city is now irrevocably bound in this matter, is contrary to the most elementary principles applicable to con tracts. A. city can only contract in the manner provided by statute, and it would be an exceedingly bold assertion to say that a city can make, even if it should so endeavvor, a valid and binding contract without the price, terms and conditions being known and without any appropriation having been made therefor, and in the absence of available funds to meet such contract. These propositions, it seems to me, are so well settled as not to need the citation of any authorities. Under the statute, when a city seeks to acquire a public utility operating under an indeterminate permit by condemnatlon u fUes a petitjon be fore the public service commission, and thereupon the commission "sets a time and place for a public hearing upon the matters of the just compensation to be paid for the taking of the property of such public utility. . and of all other terms and conditions of the purchase and sale," A hearj , had and h cotnmission b Qrder fjxes determjnes ..Just compensation to be paid for the taing Qf h property of ch utility and all other terms and conditions of sale and purchase which it shall ascertain to be reasonable, allowing not exceeding one hundred and twenty days for the payment of such compensation." This utility by its acts under the law has agreed in advance that the city may purchase at the value and under the terms and conditions thus fixed, but the law does not say. either di - rectly or by implication, that the city has agreed to purchase. The title. ownership and possession of the property of the utility still remains vested in it. There is no principle of the law of contracts with which I am familiar, which requires, justifies or even permits a city to make a blind contract, and the law has not placed it in a position whereby it has. in . , "4 " -v ucui, tuuecuicu J I acicru 1U i advance so to do; while on the other ! uu" u I ce'v'n such a valuable thing as an j L , . T . 1 r ei.y uimei iue conaiuonB set iorin : L" ,t , Jtl ; Placed- under he law. in different sit;th(a etatnfo ,,.; ,1 .1, . u m- .uIla . - -".""'. ; 6n-u , " J".01"'" 7"-"

i ? . V " l"e , Last July the city filed its petition Allowing not exceeding one hundred before the public sen-ice commission : andv twenty days for the payment of i requesting lower rates for power, and ; UCh compensation, seems to be the.very promptly the local private plant ' main Proposition, as I am informed. filed a protest. If it had not been for j uPn wnicn V16 PPosinon hases its ; this 0pp0sillon lower rates would be

' 1 u"1(Ul u"- . "yvv - amu. imB,in effect now, and if these rates had

1 .1 . a i . .1 expiesMuu in ine 11111 oi me aumor- . . . . , . . "ies c ted and see what conclusion is naturally reached. The principle an1 i 1 ) u ; v. n !uu"ru.'" ," - "c j ' arly and positively stated in 'The public authorities in the absence of any statutory provision to the! i contrary have a reasonable time given !th?m after the ascertainment of the j expense of the scheme to decided ; B,!riu!' lu "H1 '-'uoc l"c , tne P"ce rixea. f- however, the statute fixes such j of the statute under consideration, also, when reasonably construed, supports this position. It is stipulated therein that the. terms and conditions certified by the commission are those to be "observed in the purchase of

such plant from such public utility.' If there Is then to be a purchase there must be a purchaser, and it is made plain that this purchaser is the city; and if these terms and conditions are to be "observed in the purchase of the plant," it necessarily follows that no purchase has therefore been made; ' in fact, none can be made under these provisions until the terms and canditions are in existence, for the same can not be "observed" or followed until they are known. The last sentence in this section makes still plainer its true meaning and should remove the last shadow of doubt remaining in the most incredulous mind. It reads as follows: "Upon the filing of such certificate with the clerk of such municipality and payment of the compensation fixed, the exclusive use of the property taken shall vest in such municipality." The certificate herein referred to is the one sent to the municipal council. But the payment of the compensation must be made within tfc time allowed, for if not paid with! such time the municipality can not require it to be accepted, and it seems

plain to me that the utility, after the expiration of the time allowed for payment, can refuse to acrpnt th ca mo . The true meaning of this sentence, therefore, is as follows: "Upon the filing of such certificate with the clerk of such municipality and payment of the compensation . fixed, within the time allowed, the exclusive use of the property taken shall vest in such muncipality," and if payment is not made within such time the city forfeits all rights to acquire such property in that proceeding. Further reasons might be given for the conclusions reached, and a more minute analysis of the various legal propositions might be made, but I do not deem it necesssary to do so. I am, therefore, of the opionion That the city has not yet purchased this plant. Second That the city has the rtgtt now to abandon this proceeding without the consent of the utility. Third That the city has the right within the time allowed by the com mission, after the value of the plant is fixed and the terms and conditions named, to abandon this proceeding, but in such event it would be .liable for the necessary costs. The matters relating to the acquisition of this plant have not been acted upon hastily, as some seem to believe; every detail has been fully considered, and every proposition relating thereto minutely analyzed, and I feel certain that the results obtained are sufficient to convince any fair and competent mind of the wisdom of the course which the City has taken. "- I am unalterably in favor of the city acquiring this property. It will be the best thing that has happened to liiehmond since the city built its present light plant. It will insure electrical rates at the lowest possible price, even lower than our present rates, and besides, enable the city, if it so desires, to put large sums in the public treasury, and all this can be accomplished without a cent of cost to the taxpayers, and within a few years the city will have a plant worth at least one million dollars, and fully paid for out of the surplus earnings. The-taxpayers have never paid one cent for our present electric plant, and they will not be called upon to pay anything if we ac 'f ,. nrocat hl,n quire the other plant. The success i to thoge consumerfi who have been its Datrons 1 ,t ,s impogsible even to appi-oxi. j mate the amount of monf.y which has ;been saved to lhe eleclrica, user9 in thig oitv bv the C0n6truction of th(, city.B present plant. At ,hat time we j were a in the maximum rate of i5 J cents as r now remember. with other . rates pr0portionatelv high. Now we ; are ing a maxinjum rale of sU j c t uh other rates proportionately 1 u, . ,.,. lowest to be found anywhere in the r tAl Ctotac In ntAr nlort mon. - - ' j u trcA hv t Via I "nit Clws. ani lvlt rircompany are their rates so low as in this cit ehowing conclusively that they would charge higher rates here " it were not for the city plant. I am iniinformed from reiiable information that they are charging in other cities for like servIce a maximum of 15 cents " " and such cities are muih near the coal fields than is Kichmond. thus mate- , nally reducing the costs of operation. become effective, it would have meant a large saving to such consumers. Public u;i!ities of this kind are natural monopolies, and there ought to be but one piant here, thus avoiding all duplications and insuring the best service at the cheapest possible price Do you want the city to have all j the business or oniy a par or do you want to turn th, ! OVer to outsiders? Are yoi rt thereof; he business mi wirh hf city in this matter, or are you with the (United States Gas and Electric comi nanv? Do vou want to retain all the you. as well as all others, are willing to answer them as fully as your have been answered. Respectfully. ' . . WILLIAM A- BOND,-. -r" City Attorney. - May 22, 1915.