The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-05
PHILADELPHIA, Feb. 4, lS4S
The Water Monopoly Question-Fhtadetpn
City versus the Upper charlottesville OF the
SATURDAY. CourieT-Child Burned to Death

The Water Monopoly Question-Fh'4adetp".
Citu versus the Upper charlottesville OF the
SATURDAY. Courier Child Burned to Death.
Our Supreme Court is now listening to an I'M
portant argument, Involving the constitutional
i,v of the law authorising the district of Spring
Garden 70 erect water works The city of Phi
ladelphia has had monopoly OF the water tor
towards of forty years, and claims the exclusive
right to take the water from the Schuyiklll river
uo 70 a point several miles north OF Phiadel-
phia. believe high up as Flat ROCK, about
seven miles This right the city claims to have
been granted to the Schuylkil Navigation Com
pauy exclusively, and was purchased from
that corporation. Under 1t the city has punt
extensive ana magnificent water works at FAR
mount, and has been receiving handsome IN
come from its expenditure, the inhabitants OF
the county always being charged TOT water !Snt,
fifty per centum, one halt more than was paid oy
the residents of the city About lS4l or lS4I, tnis
was demonstrated against; the citizens OF spring
Garden especially, thought 1t UNJUST tnat they
should pay more for water, winch was obtained
in and conducted through their district, than
those of the city who lived at gIea.eI uls.aaca
At frat their remonstrances were .unheeded;
they then threatened the erection OF rival works,
and projected the scheme since adopted; this
brought the council of the city to an offer OF
for very long term, longer than the districts
were willing to contract for The Northern
Liberties district then united with Spring Gar
den, and petitloned the Legislature Tor authority
TO build new works and furnish a new supply of
water. The city sent up to the Legislature re-
monstrances and demonstrators, tortihed by the
opinions Of Horace Blnney and William M
Meredith, Esqs., Git is said) two OF our most
eminent lawyers, that the Legislature had grant
ed away all the right to the head OF water
to the company already named This opinion
was met by counter opinion from Jno: M
plain Mr.. Dallas, Counsellor at Law, who came
TO the conclus on that the Legislature could not
constitu onaly make such grant, and had not
intended 1t Ia the present case. vi thls iatter
opinion the Legislature was, tor both branches
of the Judiciary Committee concurred, that
new authority was constitutional, and did not
impair the obligation OF any contract, and ac-
authority asked for providing that the law
should not 20 into efiecif the city would, within
three months, reduce the water rent to the same
price as its own people PAID. and keep IL hxed al
do within the required time, though afterwards
willing; but the two districts, awaiting them
selves of the law, built the new water works,
and set them in successful operation, sup
plying more than 100000 people. The city
then obt aimed an injunction from Judge kenne-
dy, since deceased, an eminent though some
what antiquated Jurist; ana from TINS decision,
the districts have appealed, and the appeal Is
now before the full bench. A dissolution OF the
Injunction is generally looked tor; any other re-
suit Is regarded as improbable, and contrary to
the genius and spirit OF our institutions; YET
law Is so uncertain that it is impossible to pre-
dict with anything more than general conn
dence. If the injunction Is granted, an amlcable
arrangement would have to be made, as 1t would
be cruel and unjust deprive the citizens OF the
free use of this Indispensable element
Vice President Dallas is here, and Will argue
the case tomorrow. Having given his opinion
in AZ. he has yielded to the wishes OF his old
clients that he should support 1t before the court
and an eloquent argument Is expected from him.
The court room is filled with a numerous and
attentive auditory. To the tax payers the sub
iec is Of deep interest, the city having lost more
than 500, 600 per annum on It's northern Gus
toners, and, as many say, by the obstinacy and
mismanaeem of the City Councils. Certain
il is, that there has been fault somewhere.
Mr.. Dallass high position makes him pecu-
llarly noticed at this time. Here, as you know,
he Is all popular with his party, and, indepen-
dently of the excitemen ever attendant on poPu-
lar question, would, IN almost any case, attract
n full house. He is very eloquent speaker, and
upon this subect-the constltution-his friends
claim that he il at home. The counsel tor the
city are, Mr.. Olmsted, Tits solcitor,) modest
but reliable man, and MIR. William M Meredith,
our A No. ! of the bar, man OF great genius,
quickness, and strong grasp Having been one
OF the city counsel most earnest In refusing to
yield to the request OF the district, his pride and
feelings are embarked In the case, and he has
entered upon 1t with the greatest personal and
professional enthusiasm Mr.. John M. Read,
the colleague of Mr.. DalaS, is profound law
yer and excellent scholar, aims at no display,
mated by President Tyler for the Supreme Court
Bench, to the seat now filledby Judge Grier, and
was among those whose nominations the Sea-
ate had not time TO act upon before Atm OF March,
1915. You shall hear the result, and I'll let you
know in fremens' language, when the court
passes on the water F"
The sale of the Saturday Courier, to-day, at
tracted large audience to the Rotunda OF the
Exchange. The auctioneer having given a his
tory OF the receipts and expenditures OF the es-
adjustment during the last four or tive years,
proceeded TO offer II to the highest bidder. He
started at 800, 900, and progressed downwards
on the diminuendo scale, unlil he reached $lo,-
900. without meeting an offer. That sum was
then bid, by Mr.. Nc Maxim, the surviving partner
of the concern, and the auctioneer, after per-
forming his duty, In vain attempt 10 procure
another bid, was forced to strike it off at that
amount AS McMakin was under bonds that
it should not bring less than $50, he Is at
least responsible to the widow OF Mr.. Holden for
her proportion OF that amount and his recent
conduct having had an undoubted tendency TO
depreciate ito value, it is contended that he is
responsible for damages beyond 1t. suit is to
be immed ately instituted TO test the extent OF
his responsibility.
A glrl about four years of age, the daughter OF
poor parents, named Price, was shocklngly
burned yesterday, In con .eauence of her clothes
taking fire, and died last evening from the
effects.
The coored persons put on trial yesterday, for
the murder of John Giles, have been liberated,
the evidence OF The prosecution being INSULT
cient 10 substantiate any guilt
BENNETrs HERALp.-We know of no editor in
the United States, WHO has made sucn astonish-
ing exertlons to procure The earliest, the most
accurate, and ths most extensive news from all
parts OF the world. as James Gordon Bennett, OF
the Neic York Herald His industry is wonder
full and, happily tor him, his success has been
equal TO his enterprise. For general INTEL gence
no newspaper IN the world can go ahead OF the
Herald 1t is neutral In poitlcs.-Litchfetd
Comm Republican, Feb. 3.
The Ne,p York Herald mas finally got the print
ing of the letter list OF the post office, late
animation by the postmaster showing that Its
circulation IN the city, is second only 10 the
San. The Tribune formerly shared the adver-
tlsing with the un.-PennsylUanidn, FED.
The Nec York Herald receives the post Office
printing In New York-its opinions OF the Post
master General 10 the contrary Notwithstanding.