The Portland daily press., 1868-01-07

for school,, independent of salaries, had been
exhausted, and recommended that ucexpended
balances of other appropriations, to an amount
not exceeding $3.50 be transferred to the APP
preparation for schools.
L THE WATER QUESTION.
Aid. Deering from the Joint Special Com
mittee on the subject of supplying the city
with pure water made the following report:
To the Honorable Mayor and City Council.
The joint special committee ON the supply
OF the city with pure water, being instructed
by your order of December 16, 1867 to ascer-
tain the conditions upon which the Portland
Water Company will supply the city with wa
ter, and authorized to employ such legal and
scientific advice as they should deem neeessa
ry, having attended to the duties imposed, beg
to report.
The legal RIGHT of the city to contract with
the Portland Water Company, and the power
OF the city to make conditions and impose
regulations and restrictions upon the Compa-
ny, either by virtue of the company's charter
or any existing statutory provisions, were re-
ferred to the city's solicitor, j H. Drummond,
Esq, and to Phinehas Barnes, Esq. They
concur in the opinion that the right of the
city to enter into contract with the company
is doubtful and, if it existed, the interests in
voved are too important to be subjected to
the slow and insufficient remedies provided
for non-fulfilment, and that the authority to
make conditions and impose regulations and
restrictions upon the company and to enforce
them, is limited under the charter and INSULT
Gent for the adequate protection of the inter-
estS of the city.
They advise that further legislation be OBJ
tanned, Ito define the relations of the city to
this enterprise more exactly, to give the CITY
the necessary enlargement of powers and pro-
vide prompt and effective remedies for any
failure in accomplishing the objects sought for
under these powers" H
j. P. Kirlwood, of New York, an engineer
nf avn rinn anr1xy al Al
construction of the Brooklyn, st. Louis and
Cincinnati water works, has visited this city
by arrangement of your committee. He advises
20-inch main, reservoir of 24,000,000 gallons
capacity, the upper level to be raised fifteen
feet above the surface of the ground. with di-
vision wall and stand pipe, large pipes for city
distribution, &c, &c. as more fully appears in
his report
Having obtained these data, an interview
was had with Gen. Shepley, President of the
Water Company, the reports and opinions
above referred to having been previously given
him for examination. The results of our con-
ference are found in the following memoranda,
which embody the conditions to which the
company assent, to wit:
1. The Portland Water Company shall for
ever supply the city free with water for mu-
nlclpa' purposes, as provided in the charter,
and supply hydrants at such places as the City
Council shall require; the city TO erect the hy-
drants and connect them with the MAINS
2. The water to be introduced into the city
from Sebago Lake by 20-inch hydraulic
main, SO as to supply the hydrants within two
years from January 1, 1868.
3. A system of city distribution to be adopt
ed by the company substantially equal in ca
pacity of mains 10 that recommended by Mr..
Kirkwood.
4. A reservoir to be constructed ON Bran
halls Hill of capacity of 100000 gallons,
and the higher elevations on Bramhall and
Munjoy to be supplied from q stand pipe or by
gravitation directly from the mains, in a man.
ner satisfactory to the city's engineer.
o: In the event OF reasonable ground of COM
plant OF want of supply to more sparsely pop
ulated portions of the city, the City Council to
de ermine upon the feasibility and necessity,
and the company to lay mains wherever the
City Council decides it reasonable to require
1t unaer all the circumstances of the case
g. Maximum rates to be agreed upon by the
company and the city, and in case of disagree
ment, by three commissioners appointed by
the Supreme Court.
Z. The works to be constructed under the
supervision of an engineer appointed by the
city, who shall confer with the engineer of
the company as the work progresses and, in
case of disagreement, a third engineer shall be
selected by them whose decision shall be final
8. The agreements between the city and
the company to be confirmed by legislative
sanction to secure the rights of the city and
provide appropriate remedies, such legislation
to be agreed upon by the city and the compa-
ny.
These conditions meet substantially the
recommendations of Mr.. Kirkwood and the
views of your committee, except as to size of
the reservoir. The company will not agree to
build larger reservoir at present. PERHAPS
one of 100000 gallons capacity will answer
the purpose for a few years and should not
prevent the proposed arrangement with this
company.
We, therefore, recommend the passage o.
a C-l.z
pare Immediately bill embodying sdch leeis-
lative provisions as are required the same if
accepted by the w alter Company and APPROX
ed by the City Council, to be forwarded to
our delegation at Augusta for presentation to
the Legislature.
Accompanying the report were the opinions
of City Solicitor Drummond and Hon Phipe-
has Barnes upon the legal questions submitted
to them; also, the correspondence with Gen.
Shepley, President of the Portland Water
Company, and the report of Mr.. Kirkwood,
the Engineer who had been employed by the
city.
The report was accepted and the following
il order was passed:
Ordered, That the City Solicitor be and is
hereby requested and Instructed to draft as
soon as possible bill, embodying such legis-
lative provisions as are necessary to be OBJ
tanned TO enable the City to arrange satisfacto-
rily with the Portland Water Company for
supply to the city of water from Sebago lake;
and that when prepared and accepted by the
Portland Water Company and approved by
the City Council, the Mayor be requested to
forward the same to our delegation at Angus
ia, with the request to obtain it's enactment by
the Legislature.
An ordinance introduced by Alderman Bal
lev, amendatory OF the ordinance relating to
contracts, was read twice and passed to be en-
crossed.
The ordinance establishing the Office of Sur
veyor Of Plaster, was passed to be ordained.
Orders Passed. Authorizing the City Treas
urer to hire a sum not exceeding $4,000 on a
term of time not exceeding twenty years-she
same to be expended in payment of repairs on
the city aud county building; transferring the
sum of $500 from unexpenced balances of
appropriations to the School Committee, whose
appropriations are exhausted; to place lamp
post in front of the Swedenborgian Church;
one in front of the Walker House, and one on
the northeast corner of Congless and Merrill
streets; appropriating $240 the interest on the
Clapp fund, to the Widows Wood Society; re-
questipg the School Committee to suspend the
execution of their order altering the primary
schools districts until next term; ordering the
Committee on Streets to establish the MOI TIL
east line of West street, by removing the
fence and placing monument on the north
east corner of the intersection of West and
Pine streets
BOOKS AND STATIONERY FOR SCHOOLS.
A communication was received from the
Secretary of the School Committee in relation
to the city's furnishing the books and station
ery required in the public schools.
On mo ion of Alderman Giddings, it was
voted to form convention of both branches
in order to hear frem the chairman of the
School Committee on the subject.
A Convention was formed in the Common
Council chamber, and Nathan Webb, Esq,
chairman of the School Committee, addressed
it, urging the city to assume the expense of
furnishing all books and stationery for the use
of schools in the city and the scholars therein.
He urged it upon the ground of economy, and
that all the scholars in schools should be
served alike, poor as well as rich. He also re-
auested the City Council to obtain from the
Legislature the necessary power for this pur-
pose.
MI Beckett Secretary of the Board of
School Committee, said few words in favor
OF the measure.
The Convention then dissolved.
Alderman Giddings, in the Board of Mayor
and Alderman, introduced the following Or
der which was passed:
Ordered That the Mayor be and is hereby
requested to petition the Legislature of the
State for authority to purchase and fu nish all
school books and stationery required in the
public schools in the city by the children at
tending the same, or otherwise needed therein,
at the public expense, and to assess the cost
thereof in the yearly taxes.
A resolution of thanks to the Committee on
Public Buildings, for the faithful and very
satisfactory manner in which they have recon-
structed the city and county buildings, and