THE BONDAGE OF CITIES - The Community Environmental Legal ...

448 THE BONDAGE OF CITIES8outh Carolina's constitution, 1895, provides that anycity or town, on a vote of a majority of its electors, may buildor buy water works or light plants and supplyits inhabitants.The Washington statutes of 1897, Chap. 112, provide thatany incorporated city or town may construct or buy, own andoperate, water works (within and without its limits), gas, electriclight, or other light plants (to serve the city or town andits inhabitants with public or private supplies of water, light,heat and power), and cable, electric or other railroads withinits limits for the transportation of freight or passengers. Areferendum is necessary, and if debt is to be incurred theproposition must be adopted by a 3/5 vote at the polls.The "Indiana Statutes," of 1896, contain three most interestingprovisions as to franchises: one relating to cities of 35,-000 to 50,000 population, another to cities between 50,000and 100,000 and a third to cities over 100,000. The threelong enactments are identical. Their substance is that the cityboard of public works (appointed by the mayor) shall havepower to purchase or erect, by contract or otherwise, and operategas works, electric light works, street cars and other linesfor the conveyance of passengers and freight, telegraph andtelephone lines, steam and power houses and lines, to supplythe city and its inhabitants, or to purchase and hold a majorityof the stock of corporations organized for either of the abovepurposes.Also to contract for the furnishing of gas, steam orelectricity, light or power to said city or the citizens thereof,and in such contract fix charges. To authorize and empowerby contract, telegraph, telephone, electric light, gas, steam,or street car or railroad companies to use any street, and prescribeterms and conditions of such use, except that franchisesare not to be for longer term than 25 years nor for a less returnthan 2 per cent, of the gross receipts.The exercise of allthese powers is subject to the approval of the city councilwhich has "exclusive control of the streets." New Jersey,Missouri, Texas and Kentucky also have provisions givingmunicipal authorities "exclusive" control of streets.In Kentucky, 2d class cities (20,000 to 100,000 people)may provide lights, by themselves or others, for streets and