124 Iowa 22 | Iowa | 1904
This expressly authorized the grant of the franchise for a period of twenty-five years, and expressly authorized the municipalities to contract with the person ■ or corporation to whom it was granted for their own water supply. If nothing further was intended by this latter provision than to confer the power to contract without reference to time, it was unnecessary, because of the power to be im
But so far we have been dealing with waterworks only, and now consider the applicability of the law to the question before us. The Twenty-second General Assembly, by chapter eleven, page sixteen, of its Acts, amended the Code of 1873 as follows:
“ Section 1. That section 471, Code of 1873, be and the same is hereby amended by inserting in the first line thereof after the word ‘ works ’ the following words: ‘ or to*31 establish and maintain gas works or ’electric light plants with all the necessary poles, wires, burners and other requisites of said gas works or electric light plants.’
“ Section 2. That sections 472, 473, 474 and 475 of the Code of 1873, shall be held to apply to the establishment and maintenance of gas works and electric light plants as fully as they do to the erection of waterworks.”
That this amendment was intended to and did give municipalities the power to erect or cause to be erected gas works or electric light plants, we do not doubt. Nor do we doubt that it conferred upon them the power to deal with persons or corporations constructing such plants, precisely as they were authorized to deal with the owners of waterworks. In fact, it seems to us that the express provision that sections 472 to 475, inclusive, “ shall be. held to apply to.the establishment and maintenance” of such plants as fully as they do to the erection of waterworks,” so clearly indicates this purpose that any other construction thereof would do extreme violence to its language. Nor can any other construction be placed thereon without so limiting the power of cities and towns over the construction and control of such plants as to virtually nullify the entire act, and this would be contrary to every rule of construction. We hold that the law in force when the contract was made expressly granted the power to contract for lights for a period of twenty-five years, and that, where such power is given, a contract for their supply for such period is valid. Des Moines v. Water Works Co., 95 Iowa, 348; Creston Water Works Co. v. City of Creston, 101 Iowa, 687; Grant v. City of Davenport, supra; Walla Walla v. Walla Walla Water Co., 172 U. S. Rep. 1 (19 Sup. Ct. Rep. 77, 43 L. Ed. 341); Freeport Water Co. v. Freeport, 180 U. S. Rep. 587 (21 Sup. Ct. Rep. 493, 45 L. Ed. 679); Danville v. Danville Water Co., 178 Ill. 299 (53 N. E. Rep. 118, 69 Am. St. Rep. 304); Atlantic City Water Works Co. v. Atlantic City, 48 N. J. Law 378 (6 Atl. Rep. 24).
The right to forfeit the franchise was insisted upon because of the defective condition of the plant, gas mains, electric light wires, and because of the refusal to substitute the alternating system for the one then in use. As to the first of these complaints, we need only say that a careful reading of the evidence has satisfied us that there is no merit in it. It may be and probably is true that there were cases of imperfect insulation of the wires, and of broken or dirty globes, but these defects are incident to the operation of such plants, and seem to have been remedied whenever attention was called to the specific defect. Moreover, the ordinance provides for an action to compel the plaintiff to comply with these requirements, and the’court would not be justified in declaring a forfeiture of the franchise which would inevitably greatly depreciate tire value of the plaintiff’s property without the most cogent reasons for so doing. The trial court found as a matter of fact that the alternating current inclosed arc lamp did not furnish as satisfactory light as the direct open arc lamp, and this finding we think was fully warranted by the great weight of the evidence, and we reach the same conclusion. By the terms of the ordinance the plaintiff agreed to give the city the “ advantages
The decree below was in all respects right, and it is
AFFIRMED.