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tionable to retail business houses is the presence of those devoted to manufacturing that many large retailers of New York have agreed to give preference, in purchasing their stock, to those manufacturers or makers who are located outside of a certain area fixed by the retailers as the retail business district of the city. Here we have private individuals endeavoring to effect by business pressure what the city could, and it is to be hoped soon will, do by law.

This report, if adopted in anything like its present form, will be the most important step ever made by a city of the United States towards securing its orderly and systematic development, to the extent of subordinating private desires and property uses to the general good.

REFUSE COLLECTION IN SANTA CRUZ.

In Santa Cruz, California, refuse is collected by private parties licensed by the city, but the rates which they charge are fixed by the city. Within the fire limits they are 35 cts., 50 cts., $1 and $1.50 per month for one, two, three and six collections per week, respectively; and outside the fire limits, 35 cts., 50 cts., 75 cts. and $1.25 per month; payable in advance. If not paid in advance, the collectors may ask 10 cts. for each emptying of a ten-gallon can, and 15 cts for larger cans.

The ordinance provides that:

No garbage shall be allowed to accumulate except in galvanized steel water-tight cans with close fitting covers and provided with durable handles and having a capacity of not less than five nor more than twenty gallons. The garbage cans and refuse receptacles must be placed in a position easily accessible to the regularly licensed garbage collectors. Wire or perforated corner sink drains must be provided as a simple and efficient means of allowing the free liquid in kitchen garbage to be drained to the sewer, where it properly belongs, after which the garbage must be wrapped in paper before being placed in the garbage

cans.

The advantage of this is that it prevents the constant presence of flies in and about the garbage cans and renders more cleanly the collection of garbage and overcomes the nuisance of odor from passing garbage wagons.

The garbage and combustible refuse so collected are burned in an incinerator which is located at the city pumping plant. Refuse must be separated by the householders into garbage, combustible refuse, and non-combustible rubbish.

MUTUAL DEFENSE AGAINST SEPTIC TANK
INFRINGEMENT SUITS.

Another organization for mutual defense against suits for infringing septic tank patents was formed March 14th at a meeting of the League of Iowa Municipalities, named the "National Septic Process Protective League." Quite recently a number of Iowa municipalities have been notified by the Cameron Septic Tank Co. that they are infringing that company's patents, and a meeting of the League of Iowa Municipalities was called to consider the matter, which was attended by 35 delegates from Iowa, Kansas, Minnesota and Ohio.

At this meeting R. E. Sampson, Ass't Attorney General of Iowa, stated that in his opinion the patent had expired, and the "Protective League" therefore decided to contest any infringement suits to the court of last resort, all the members contributing to the cost of such defense. The membership is open to municipalities, companies, state institutions and private individuals, subject to the approval of the executive committee.

Assessments were agreed upon ranging from a minimum of $10 for municipalities of less than 2,000 population to $35 for those of over 50,000. Dr. H. M. Bracken of Minneapolis, secretary of the Minnesota State Board of

Health, was elected president, Elliott Kimberly vice-president, and F. G. Pierce of Marshalltown, Iowa, secretarytreasurer. A board of directors was chosen, containing two from each of the states of Iowa, Kansas, Ohio, Illinois, California and Minnesota. These included the engineers of the State boards of health of Iowa, Kansas, Ohio, Illinois and California and a member of the Minnesota board. The letters received by the cities concerning patent infringements class under these "tanks which employ putrefactive reduction of sewage solids, but which for purposes of evasion have been styled 'sedimentation' or 'settling tanks,' as well as to the more recently exploited 'Imhoff' or 'two-story' septic tank." The terms demanded for licenses under the patent were 3% per annum on the cost of the plant, including the tanks, contact beds, filters or other appurtenances, for the number of years each plant has been in operation to date of settlement, plus an additional 3% for the remaining unexpired term of the patent.

TO PREVENT STREET LITTERING.

March 11, 1916.

Editor of Municipal Journal, New York, N. Y. Dear Sir-With all the talk about cutting down expenses in our cities it seems strange that no one has suggested saving millions by the very simple plan outlined below.

It is safe to say that had the automobile made its appearance as a machine which dropped and scattered organic filth to the amount of several pounds at frequent intervals it would have been forbidden the use of public thoroughfares. Yet we have that edifying spectacle with us at present in the horse. Can anything nastier be thought of than the unsightly manure strewn streets of the entire world! Why do we permit such dirty and filthy practices when the means of prevention are so simple? It is because we are used to them, and it is difficult to overcome inertia.

Many years ago it was suggested that each horse be provided with a receptacle attached to the harness to catch the droppings before they fell to the street. This excellent idea was promptly buried because it was not a nice topic for discussion. The time is ripe now to make some such scheme compulsory. Co-operation between the departments of Health and Street Cleaning could result in making and enforcing a law obliging all drivers of horses or mules to provide an approved receptacle to catch all manure. At frequent intervals, to be determined after trial, permanent stands should be erected where the contents of the receptacles on the horses can be emptied. The manure deposited at these stations will be free from foreign matter and may be sold by the city for a good figure, instead of being disposed of at a loss as at present.

The first effect of such a measure would be the reduction in street cleaning costs due to the fewer number of men and apparatus needed, and to the income from the sale of manure. The second effect would be the improved health of children and adults, whose lungs would not be filled with wind blown manure, and a decrease in the number of breeding places for flies. The third would be our improved sense of cleanliness and decency, and a greater pride in our spotless cities. There would be no hardship practically nothing. on the horses, and the expense to the owners would be

Of course we may expect howl from teamsters' associations, from department stores, express companies, and from many others in the carting business, to say nothing of the wail from the politicians who represent the street sweepers and contractors. The carters will at first fail to realize that many of the accidents to their horses are due to slippery streets made so by manure. The tractive effort of adhesion is lowered because of the same condition; on a slippery street a horse cannot pull the same load he can when the coefficient of friction due to dry surfaces of street and shoe is greater.

Automobilists will welco ne such a measure with open It means less dust less mud, less skidding, and greater safety and pleasure

arms.

I purpose pressing this ratter and bringing it to the attention of those in author ty in our large cities. If you can give it publicity in the Municipal Journal it will be the initial step in a campaign for cleanliness, health and safety. Very truly yours,

JOHN S. CRANDELL.

The WEEK'S NEWS

State Road Work in Oregon, Iowa and California-Health Work Efficiency in New York City-The Passaic Sewer-
Measles in Many Cities-Sewer Explosions in Pittsburgh, Newark and Detroit-End of Philadelphia Rate Case
-Free Municipal Lights in New Jersey-New York's Police Merit System-Fertilizers from Municipal
Waste-Snow vs. Appropriations-Civic Exposition for Philadelphia-New York's Municipal Ferries.

ROADS AND PAVEMENTS

Uniform Records for Road Work.

Salem, Ore.--At a conference between state engineer Lewis and the principal field engineers of the highway commission, it was decided to issue a manual of instruction for survey work in locating and constructing highways, and to adopt a uniform cost-keeping system. Forms for standard contracts, vouchers and accounts were also decided upon. "Approximately $6,000,000 is being expended annually in Oregon on roads, most of which is without adequate cost keeping or engineering records," said Lewis. "This does not include the $240,000 expended by the state highway commission. Until comparative plans and until figures as to cost are conveniently available it will be impossible to enforce any economy or efficiency program. We must be able to compare the results accomplished in one county with those in another, or by the state."

Iowa's Road Funds.

Des Moines, Ia.-Iowa property owners will pay $9,617,915 in direct taxes in 1916 for road and bridge work, according to the financial report prepared by W. H. Williams, in the auditor of state's office. To this will be added between $1,500,000 and $2,000,000, which will be received from motor registration, making more than $11,000,000 available for bridge and road work during the year. In 1915 the taxpayers turned in $8,870,121 for such construction. The increase in road and bridge taxes for 1916 is $747,894. The report includes all levies for county and township roads. According to the figures submitted to the auditor of state, the per capita rate will be $21.22 in taxes in 1916. The per capita tax in 1915 was $20.89. The increase is greater than these figures indicate for the reason that the per capita tax in 1915 was based on the 1910 census, which gave the state 2,224,000 population. The 1916 per capita tax is based on the 1915 census which gives the state 2,358,000 population. The increase in taxes, to be paid this year, is $3,579,925. The total in taxes which property owners will pay is $50,055,131. In 1915 the total taxes collected for purposes in the state was $46,475,206. Every form of tax was increased this year with the exception of the state and the drainage taxes. City taxes increased from $7,209,074 to $7,537,150. Moneys and credits increased from $251,828,587 to $275,361,750. The net value of all property listed for taxation, except moneys and credits, increased from $932,476,812 to $945,061,505.

A Convict-Built State Highway. Springfield, Ill.-A state highway at the foot of the Mississippi River bluffs to run between East St. Louis, Ill., and Chester, perhaps to reach in time to Cairo, has been begun by convicts from the Southern Illinois penitentiary. The route is of scenic and historic interest. The southern section of the state has been slower than the northern counties to take advantage of the law permitting the employment of convicts in road building, but now a beginning has been made. In the last season fifty convicts were sent to Ava, Jackson county, and camped in tents on the shores of a lake, while they worked on a road from Ava to the Mississippi river. The section of the highway between Chester and East St. Louis now being built is between the prison and Fort Gage. The convicts working here have so far been housed in the prison. The road is one of the oldest

in the state. It was overgrown with trees and impassable during a large part of the year. In a report to Governor Dunne by the warden and commissioners of the Southern Illinois penitentiary, it is said the road to East St. Louis can be built from rock quarried from the bluffs nearby at small expense. Agitation has been begun to induce the counties through which the road must pass to bear their share of the expense. Not a man assigned to

the road work from the Chester penitentiary attempted to escape last season, and the amount of work performed was very gratifying. The prisoners at Chester are chiefly employed in the limestone quarry, which is in the prison yard, the institution lying at the foot of a bluff on the shore of the Mississippi river. A brick yard is also operated at times. In 1915 crushed stone valued at $14,190 was furnished free for road building, and $13,356.40 worth of ground limestone for agricultural use was sold at 60 cents a ton loaded in the prison yard. Cut stone valued at $15,057.20 was sold.

California Highway Costs.

Sacramento, Cal.-The state highway commission has already expended $14,351,332 of the $18,000,000 highway bond issue voted several years ago, according to figures given out by State Highway Engineer A. B. Fletcher. Of this amount $11,591,188 has gone into actual construction, $604,926 into what is technically termed overhead and the remainder into expense for inspection, surveys and other such work. The commission has on hand $3,647,678, but of this amount only about $1,500,000 is available for new construction, the remainder being payable on contracts under way.

New Kansas City Traffic Way.

Kansas City, Mo.-The Wyandotte county commissioners have awarded the contract for the construction of the Central Avenue traffic way, which will give another short-cut between the two municipalities that form Kansas City. The structure will cost $600,495.27. The building of the Kaw River bridge which will replace the present Central Avenue Bridge, and of constructing the approaches, one of which will carry traffic over the railroad yards to James Street, was awarded to the Missouri Valley Bridge and Ironworks for $392,661.27 and that of building the concrete work to the Midwest Construction Company for $207,674. Six years ago the agitation for a traffic way at this point began. The final plans were drawn by L. R. Ash. The Kaw River Bridge is to be on two levels. The street railway company will pay a portion of the cost.

Plans for Traffic Survey.

St. Louis, Mo.-The St. Louis county court has announced that arrangements have been made to employ fifty engineers to take a traffic census of all roads of St. Louis county to determine the character of the roads needed in each locality, and W. E. Resengarten, federal highway engineer, has arrived in Clayton to take charge of the work. Altogether 25 points have been chosen for observation. The fifty men under Resengarten will work in twelve-hour shifts. No roads are to be built out of the bond issues until they have completed their survey, which will take twentyeight days spread over four periods of a week each. The first census will be made this spring. Others will be made in the summer, fall and winter. Half of the men will be on the roads by day and half by night. They will stop all

persons passing the observation points, estimate the weight of their vehicle, the amount of load carried and number of persons on board. Care will be taken to prevent persons from passing by a point so as to make it appear the road is in greatest need of improvement. By placing the men at intersections they can observe traffic on two roads at the same time.

SEWERAGE AND SANITATION

The Falling Death Rate of New York. New York, N. Y.-In connection with the semi-centennial of the establishment of the department of health, one of the department's recent bulletins published the accompanying chart showing the reduction in the death rate, together with certain significant occurrences in health matters. Interpreting the chart, the department says: "As one studies. the work of the Department of Health during the past century, it is possible to discern several different periods-quite apart from those pertaining to organization. The first period may be termed the Period of General Sanitation (up to 1860). During this time the attention of the authorities is fixed on the larger sanitary problems, such as water supply, sewage disposal, street cleaning, housing conditions, etc. This is followed by a Period of Quarantine Enforcement (1860-1880), during which time efforts are made to control infectious diseases, chiefly by means of strict quarantine regulations; supplemented in many instances by disinfection. The discoveries in bacteriology in the seventies, eighties and nineties usher in a Period of Applied Bacteriology (1880-1900), during which time real preventive work, based on the newer conceptions of medicine,

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was carried on.

PASTEURIZATION OF CITY

Within the past twenty years, initiated largely by the intensive campaign against tuberculosis, the social aspects of disease have become increasingly prominent, and one may therefore speak of a Period of Social Analysis of Disease (1900-). This field still requires extensive cultivation and holds out promise of rich reward. More recently there appears to be developing a period in which Personal Hygiene and Education (1910-), is to play a leading part. Altogether, the tendency is away from administrative control, in favor of individual effort and cooperation. If our achievements in the future are even measurably as effective as those of our predecessors, we should ere long make New York one of the most salubrious cities in the world."

Delay in Passaic Sewer Completion.

Newark, N. J.-The Passaic Valley trunk sewer will not be completed in time to comply with the law that requires that the pollution of the Passaic River shall cease by January 1, 1917. The situation has been realized by the Passaic Valley Sewerage Commission, which has the construction of the great flume in charge. The greater part of the work, it is expected, will be done by the middle of the summer of 1917, but probably it cannot be entirely cleaned up before the end of the year. The commission has already asked the legislature for continuation for one year. No settlement has been made, commissioners announced, of

the claim of the O'Rourke Engineering Construction Com

pany of New York, which asks for more money to continue its tunnel contract under New York Bay. The work in Section 2, as this three-mile portion of the big sewer is known, has been about one-third completed. There remains a stretch of 10,000 feet. This, the company states, it will not continue to work on unless the commission makes added payment, aggregating probably $200,000. The contract was let February, 1914, for $1,796,900, which was about $300,000 less than the next nearest figure. Mr. O'Rourke's claims, which are urgently made, are being considered by chief engineer William N. Brown and Adrian Riker, counsel for the commission. It is regarded as unlikely that a satisfactory agreement can be reached. The original contract with the O'Rourke company called for free air work. The company, however, states it has found much loose mud and sand, which makes necessary the use of high pressure air. This is more expensive, it is claimed, and is slower and more wearing on workmen. The work in Section 2 is the most important of the whole project. Though the commission says there will be money enough to finish the work, it admits costs are exceeding expectations. Specifications were drawn up several years ago, and labor, materials and practically all other items have advanced since then. Labor cost is at present bothering the contractors and men are getting scarcer each day. The board is inclined to lay the blame for this time extension on delinquent towns. President Bernard W. Terlinde explains that the commission has followed the practice of not letting contracts until money was in hand to push them through. This has resulted, Mr. Terlinde states, in delays approximating two years, all because Passaic Valley communities have not paid their assessments promptly.

Measles.

Newark, N. J.-Nearly two-thirds of all cases of communicable diseases reported to the health department during February were measles, according to the monthly report of health officer Charles V. Craster. There were 1,331 cases of the disease, which is now epidemic in the city. The total of all forms of communicable diseases reported was 2,124. During January there were 783 cases of measles reported, indicating how rapidly the epidemic has grown. In February of last year, when disease conditions were normal, there were twenty-eight cases of the ailment during the entire month.

Allentown, Pa.-There have been three deaths in connection with the epidemic of measles in Allentown, and in face of the fact that the schools are closed and the town quarantined by order of Dr. Dixon, the state health commissioner, there is little sign of its abatement. There were upwards of 500 cases reported in six weeks, although the number of new cases appears to be decreasing.

Kutztown, Pa.-The local board of health has closed all the public schools, theaters and five churches until the epidemic of measles is under control. There are seventy cases.

Northumberland, Pa.-Because of more than 100 cases of measles existing in Point township, Northumberland county, nearby public schools have been closed. They will be reopened after thorough fumigation.

Cleveland, O.-A severe epidemic of measles among school children is rapidly developing on the east side, according to Dr. E. A. Petersen, city school health director. One hundred and eight cases developed in three days, according to the school reports, and in two weeks 306 cases were reported.

Rat Extermination in Tacoma.

Tacoma, Wash.-The campaign against rats has begun in Tacoma under the supervision of H. W. Tinker, sent here by the federal government. The city has been divided into districts. Places for 200 wire snap traps have been selected and traps set. By trapping in districts the campaigners will know how well they are covering the territory, and when one district is cleaned up another will be established, according to the scheme of William B. Pryor, federal sanitary inspector. Mr. Tinker will be in Tacoma

MARCH 23, 1916

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Pittsburgh, Pa.-The accompanying illustration shows City the effect of a recent gas explosion in a sewer. engineers are investigating this explosion which damaged a number of houses, tore up the street for nearly a block and injured several persons.

Newark, N. J.-Telephone and electric conduits and sewers filled with gas and ignited, under pressure because of snow-covered manholes, caused a number of exManhole covers were plosions which swept four blocks. blown up and a number of houses were damaged.

Detroit, Mich.-About 10,000 gallons of gasoline leaking from a tank car into a sewer caused a terrific explosion which ripped up two miles of brick and concrete paving, blowing fragments hundreds of feet. Investigation by city boiler inspector McCabe disclosed the fact that a small bolt in the nozzle through which the tank was emptied prevented the cap from closing the nozzle. City engineer McCormick estimates that the sewer and pavement repairs will cost about $100,000 and the damage to private property will raise that figure much higher. Corporation counsel Dingeman expects to start suit against the shipper of the defective tank.

WATER SUPPLY

Profitable Waterworks.

Duluth, Minn.-Gas and water are cheaper now than they ever were in the city's history, according to the annual report by Manager Reid, of the water and light department. The financial statements show a net profit of $95,981 in the operation of the gas and water departments during 1915. One feature of the year was the reduction in water pumped, while more water was used by the consumers, this being explained by the fact that leakages have been stopped, making a saving to the city of nearly $3,000 for the year in pumping expenses. Since 1898, the comparative statistics show, the cost of gas has been reduced from $1.90 per 1,000 cubic feet for lighting and $1 for fuel to 75 cents each. All over 50,000 feet is charged but 50 cents per 1,000. In 1904 consumers were charged 17% cents per 100 cubic feet of water for the first 1,000 feet. while the present rate is 15 cents per 100 cubic feet for the first 10,000 feet used, 12 cents for the next 10,000 feet, and 8 cents per 100 feet for all over 20,000 used. The city now has 8,546 and 10,129 gas meters in service, while there are 156.12 miles of water and 140.57 miles of gas mains, according to the report.

Topeka, Kan.-The annual report of the city waterworks, prepared by F. L. Stevens, shows that the plant did a business of $125,149.18 during the past year and after paying all operating expenses, making all repairs, paying interest and spending nearly $1,000 on new pipe lines, it placed $37,833.55 in the sinking fund, leaving a balance of $5,816.32. At the beginning of last year the cash on hand amounted to $178.75. Of the total revenue $98,588.26 came from the water meter rates and $15,381.36 from hydrant rentals. The remainder came in the form of interest on bonds held by the department and from miscellaneous sources. The total expenditures incident to the operation of the plant amounted to $74,185.12. The salary account is $8,227.50, while the wages amounted to $10,964.73. Other expenditures were: Fuel, $6,645.55; supplies, $2,214.86; insurance, $71.25; merchandise, $4,732.25; construction, $10,728.67; repairs, $2,862.77; other expenses, $7,737.54. The law requires that 2 per cent of the bonded indebtedness be set aside each year and in the present instance that amounts to $12,400. Ten thousand dollars of the money in the general fund was transferred to the interest fund. The balance in the fund the last day of the year was $32,888.41. In the interest fund account, $27,290.15 was paid out as interest on the department's bonded indebtedness.

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There was a balance of $227.74 left in the fund. The sinking fund received $4,565.32 to interest accounts-money paid by outsiders on bonds owned by the water department. The sinking fund also received $13,038.73 on bonds matured, then received $37,833.55 from the general revenue fund. The department purchased $55,500 worth of bonds during the year. The bonds bear 4 and 5 per cent interest. Of the bonds owned by the department $13,038.73 expired during the year and the department still owns bonds to the value of $143,249.57. The total bonded indebtedness of the waterworks is $620,000. $270,000 worth of bonds fall due in 1925. dition to the sinking fund will take care when they fall due. The remainder of the bonds will be due the same year, but they will be refunded.

City Takes Over Water Plant.

Of this amount The yearly adof those bonds

Menominee, Mich.-The city of Menominee has taken over the plant of the Menominee Water Company, thus ending one of the bitterest fights ever waged in the city council. The purchase price was $200,000. Mayor M. B. Lloyd will name the waterworks board, and plans will be laid for the erection of a filtration plant which will cost approximately $85,000.

STREET LIGHTING AND POWER

Philadelphia Company Capitulates. Philadelphia, Pa.-The protracted hearings in the case of Morris L. Cooke against the Philadelphia Electric Company had a dramatic ending when the company announced a sweeping reduction in rates amounting to about 20 per cent to begin April 1. To the company this will mean a cut of about $1,250,000 this year from the $7,849,000 earnings in 1915. To the small consumers the reduction will approximate a total of $800,000 and to the city about $100,

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Courtesy, Pittsburgh (Pa.) Industrial Development
Commission.
EFFECT OF A SEWER EXPLOSION.

000. As the rates of the Philadelphia Rapid Transit and the Pennsylvania Railroad will not be cut, the reduction will mean more to the 60,000 smaller consumers. Part of the arrangement is that the city is to get back $150,000 paid by it for street lighting last year and about $275,000 paid this year. Commissioner Monaghan will recommend that the arrangement be accepted. Mayor Smith has stated that council will be asked to reimburse Mr. Cooke, who personally financed the case. Numerous changes in the methods of accounting and record keeping employed in the various public utility corporations of this state will be directed by the public service commission, it was reported, as a result of the settlement of the rate case. Introduction of a uniform accounting system which will plainly show the cost of the plants, operating expenses, cost of maintenance, profits, reproduction cost and other financial phases of the company's condition, it was stated, will follow within the short period of time necessary for the service commission to complete arrangements. For some time acountants of the commission have been investigating the various methods of bookkeeping and accounting in use in the large corporations of Pennsylvania. Copies of all possible systems have been obtained, with a view to arriving at some uniform method. The experience of the commission in the Philadelphia Electric Company's case, when experts differed widely on valuations, inventories, reproduction costs and other essentials, will serve as a guide in the handling of the new system.

Cities Cannot Fix Gas Prices.

Topeka, Kan.-The distributing companies in Kansas cities which purchase gas from the Kansas Natural Gas Company cannot increase the rates beyond that fixed by the public utilities commission, even though a city may have granted a franchise permitting a higher rate. The rule applies also to the distributing companies which may have their own gas wells to furnish part of the gas sold. This was the ruling of the Kansas supreme court in the suit brought by the state against the Olathe Gas Company and the receivers for the Kansas Natural. The Olathe Gas Company had been granted a franchise which permitted it to charge thirty cents a thousand cubic feet. The public utilities commission held that twenty-eight cents was the highest price to be charged for Kansas Natural Gas Company gas. The Olathe company attempted to increase its rate to thirty cents. The Johnson county district court and the supreme court held that this would not be permitted.

Free Light for City Legal.

Trenton, N. J.-Municipalities of the state won a distinct victory by a unanimous decision of the Court of Errors and Appeals, holding that the contract by which the Public Service Electric Company agreed to furnish free lighting to the municipal buildings of Plainfield is valid and enforceable. The essence of the opinion written by Chancellor Walker is that the language of the public utilities act is prospective and not retroactive, and does not apply to the contract made with Plainfield in 1898, then lawful. The effect of the decision is to sustain other contracts made between municipalities and public utility corporations prior to the enactment of the public utilities law. This would presumably include, for instance, the five per cent tax on trolley receipts in Newark, which, it was contended, would fall if the Supreme Court's decision in the Plainfield case were sustained upon the ground taken by that tribunal. Although the Court of Errors and Appeals affirmed the Supreme Court decision upon other grounds the opinion by the chancellor indicates a reversal in so far as the more important questions involved are concerned. The Court of Errors held that the Public Utility Commission, in effect ordered the specific performance of a contract, which is an equitable power exclusively residing in the Court of Chancery. Hence, while sustaining the validity of the contract, the court held the city had not sought the proper tribunal to maintain its rights.

The contract of 1898, which included the provision for free lighting, was part of the consideration under which Plainfield granted a franchise to the Public

Service Electric Company. After carrying out the terms of the Contract for more than fifteen years, the Public Service Company discontinued the free service upon the ground that it was prohibited from granting gratuities under the public utilities law. This was followed by an appeal to the Public Utility Commission, which ordered the company to resume the free service. On appeal the Supreme Court held that the provision for free service was voided by the public utilities act and that the language of the act was not broad enough to confer power to enforce specific performance of contract. The Court of Errors agreed with the latter contention, but not with the former. Plainfield was joined in the litigation by the Public Utility Commission and by a number of municipalities which were indirectly affected by the decision, including Newark, Jersey City and Passaic. Later the New Jersey State League of Municipalities joined in the appeal on the ground that the issues involved were widespread and would affect every municipality where permission to operate a public utility had been granted. It was contended, for instance, that many contract agreements and contract ordinances existed between public utility companies and municipalities in all parts of the state, and that if the Supreme Court decision should be upheld, then every special advantage received by the municipalities in return for granting privileges to the utilities would be voided. In Newark, it was claimed, the trolley company would no longer be compelled to give transfers, to keep the fare within the city limits at five cents, to carry policemen and firemen free, to give a threecent fare to school children, or to run a direct line from South Orange. The argument was also put up that the sustaining of the Supreme Court in the case would mean taking away from the municipalities of rights to impose a tax on utility property because of tax exemption by charter; to compel trolley companies to pave between their tracks and keep the pavement in repair; to regulate the headway of cars; to require an annual license fee for cars, and to insist on the extension of service to terms that had been promised by the company.

To Decide Between Franchise and Utility Commission. Billings, Mont. The city of Billings has commenced action in the district court to determine by a friendly suit if the rates of the local company are to be decided by the state public utilities commission or by the provisions of the company's franchise. City Attorney Taylor has filed a petition and an affidavit for a writ to compel the gas company to reduce the rate of gas from $1.80 to $1.50 per 1,000 cubic feet. The petition is based on a section in the franchise under which the gas company is operating, stating that whenever the output of the gas company exceeds 30,000,000 cubic feet in any one year, the maximum rate shall be reduced to $1.50 per 1,000 cubic feet with an additional reduction of 10 cents to such consumers as pay their bills by the 10th of the month following the month in which the gas is used. Owing to the fact that the state public utilities service commission has authorized the present maximum rate of $1.80 per 1.000 cubic feet, the output for 1915, according to City Attorney Taylor, was 38,316,050

cubic feet.

Would Abolish Sliding Scale System.

Boston, Mass.-Members of the Gas and Electric Light Commission recommend the abolition of the sliding scale system of regulating gas prices as applied to the Boston Consolidated Gas Company unless the ownership or control of the stock of the company is taken out of the hands of the trustees of the Massachusetts Gas Companies Association. The board also opposes the extension of the sliding scale system to the other gas companies in Massachusetts. The board says: "This system of regulation for the Boston company was deliberately adopted ten years ago after an elaborate investigation and with the earnest support of a number of individuals, who disinterestedly believed it to be in the public interests. Upon certain features of this problem opinions may differ. But one thing is clear that the trading relations with the affiliated companies of the Massachusetts Gas Association, forced upon the Boston

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