The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-04

porant in view Of the alleged cost OF carrying the
water to the hotel.
The next Important statement is that Mr.. Mixer
was pleased at the result OF his outlay, and grateful
for the benefit conferred
Next Genes the following announcement which
efecually quashes the claim OF indefinite or dehmte
tenure of the privilege in virtue OF an understand
ing or agreement" between the parties. Professor
Hume says: "Nether in my private capacity. nor as
Chairman OF the Committee of the Artesan Well did
make any contract, covenant or agreement with
Mr. Mixer for the possession of the water"
'I always considered it matter of personal friend
ship between Mr.. Welton and Mr.. Mixer.
sI had authority to aell the city water, put as
sumed the privilege OF aiding those who desired Its
consumption." On the same terms rs those accord
ed to Mr. Mixer the water was used by the proprie-
tor of q washing enterprise. Professor Hume con-
tinues: .sThe City Council took no action in any Of
these arrangements, nor was it considered In any
other light than voluntary act of kindness on the
part of Mr. Welton to extend and expand the use OF
the water to oil who desired to be benefited"
The next letter was addressed by the Committee
to Dr. Lebby, who succeeded Professor aume as
Chairman of the Committee, as follows mo. ~ Dr.
Lebby replies (No. 2):
CHARLESTON, December 16. 1867.
DR.. Robert Lebby:
SIR: Your position Us Chairman of the Committee
on the Artesian Well, during the time You served as
Alde man of Ward No 4, gave you an opportunity OF
famlarzing yourself with the circumstances attend
ing the transactions between the propr1etors OF the
Charlestan Hotel and the City Council relating to the
nishnc in writing for the use OF the Committee on
the Artesan Well Of the present Council all the In
formation YOU possess on that subjectP The Com
mittee particularly desire to know on what terms Mr
Mixer was allowed the use of the water, at whose
pense the pipes were laid, how long he was to enjoy
the privilege what compensation he was to pay for
the water consumed and in what way or at what time
the arrangement might be altered or terminated also
to state whether there anything in that arrange
ment calculated or intended bind Council to trans
fer the privilege to MIR. Mixers successors without
Limitation.
Bv complying with the above request at your ear
emit servant, WM T. WRAGG,
Chairman Committee on the Artesian Well.
CHARLESTON, December II, 1867.
Alderman Wragg Chairman Of the Committee on Ar
tesidn Well
DEAR SIR Your communication of the 18th inst.
was received this morning. beg leave to coy that,
on assuming the charge of the well, as Chairman OF
the Committee In November, 1857. found that MIR.
Mixer the proprietor of the Charleston Hotel, was
then supplied with the water from the well tpassng
through ourinch pipes) through the lots OF private
| individuals, and DIR. Robertson's lot. DR.. K. had
tapped Mixers pipes, and was also receiving the
water daily In conversation with Mr.. Mixer on the
subject che stated that he using the water by
consent of Council until that body wanted 1t; pro
vded he wos not interered with for one year, which
inuuced him to lay the tubes, which had cost him
about four hundred dolnrs that the water was used
by him TOR oil culinary purposes, baths, &C., &c.
Mr. Mixers supply was nearly one-halt OF the supply
| daily, viz The wafer was turned on MIR. Mixers
tubes at night and turned of in the morning. am
very distinctly impressed that the supply to the
Charleston Hotel was entirely at the will of the City
Council Il am more confident of this Iact from MIR.
Mixer asking what ne would do, after my re-
ports was made to Council on the 22d December,
1857 and February I'd, 1868, recommending that
Council authorize the committee to 10y the pipes and
convey the water down to the Battery. To supply
the applicants, Walker Evans printing offices, and
shipping, my reply to Mr.. Mixer WINS. that he would
l-, f,o
have thus far answered your inquiries To the last
interrogatory namey-1st Whnt compensation he
was to pay for the water consumed? I'd. And in
what way or at what time the arrangement might be
altered or terInnatedp Sd. Also to state whether
there was anything in that arrangement calculated
or intended to bind Council to transfer the privilege
to Mr.. Mixers successor, without Limitation.
lst Mr.. Mixer was to pay nothing for the use of
the water consumed.
I'd. The arrangement as Mr. Mixer informed me-
WIS entirely ut the will OF the City Council after the
expiration OF one year from the date OF laying his
pipes 1 found his pipes laid in November 2Oth
1857 when took charge of the we'll successor to
Alderman Hume.
Sd. From Mr.. Mixers frequent conversations with
me on the subject there nothing in The arrange
ment that bind the City Council after the lapse OF
twelve months from the laying of the pipes tMiIers
to stop the supply at any time. If the projects SUBJ
mitted to Council by me as Chairman of the Com
mittee to convey the water to the Battery had sue
ceeded, MIR. Mixers supply would have been cut of
i1nmeG lately unless he paid for it the other up
plcants, and he knew 1t, and understood II, for
tho supply to the Charleston Hotel was included In
my estimate Of tho income of the wei. MIR. Mixers
successors have 10 claim upon Council whatever.
Furthermore, it is in the province of the City Coun
ell to stop the supply at any time. am supported
on this opinion by the resolution Of Alderman Rave
mel adopted on the oath May, 1859, after conference
with me as Chairman of the Committee. after 1ny
projects had been defeated by Council, viz "rhat
the Committee on the Artesian Well be authorized to
allow all citizens who may desire It, the free use OF
1nt
tertere with the operations now going ON at the we'll
and until such time US pipes may be laid down for
the purpose Of general distribution, or at the i0H
this boay." IT am not very much in error, Mr..
Ravenel offered this resolution at my suggestion,
and drafted it upon information conveyed to him by
me relative to MIR. Mixers and Whites and Robert
sons use of the water, as thorc was discomfort ex-
hibited by persons who were shipping the water By
steamers to New York. aud selling 1t III that city at
twenty-five cents per bottle.
1t Is very evident from Mr.. Raveners resolution,
that the Committee or the City Council could have
cut off Mr. Mixers supply at any moment.
If there is any further information you desire that
can furnish it will afford me pleasure to DO so.
ROBERT LEBBY.
We here remark that DR.. Lebby says he learned
from Mr. Mixer 'that he was using the water by con-
sent of Council until that body wanted II, provided
he was not interfered with for one year. which in
duced him to lay the tubes which had cost hi IN
about four hundred dollars (s400r"
"I am very distinctly impressed that the supply to
the Charleston Hotel entirely at the will OF Coun
Gil" y Il From Mr. Mixers frequent con-
versations with me the subject, there was nothing
in the arrangement that bound the City Council,
after twelve l2 months after the laying Of the pipes
(hlixer's) to stop the supply at any time"
"Mr. Mixers successors have no claim upon Council
whatever"
The following letter was addressed to Major VEL
ton NO. 81, To which Major Welton replied {No 81:
CHARLESTON December l6. 1867.
Major A. C. WeLton:
SIR: Will you obhge me by furnishing, in writing,
for the use OF the Committee OH the Artesian Well,
all the information you may possess on the subject
of the arrangement entered into between MIR. Mixer
and the City Council for the OF the Artesian water
at the Charleston Hotel? The Committee particular
ly desire to know on what terms Mr. Mixer was al
lowed the use of the water-at whose expense the
pipes were laid-how long he was to enjoy the pryi
lege-what compensation he to pay for the water
consume land in what way or at what time the ar
rangement might be altered or terminated. Also to
state whether there was anything in that arrange
ment calculated or intended to bind Council to
transfer the privilege to Mr. Mixers successors with
out limitation.
BY complying with the above request at your ear
Hest convenience you will grealy oblge
Your obedient servant,
VIM. T. WRAGG,
Chairman Committee on the Artesiap Well.
CHARLESTON, Goth December, 1867.
DR.. Wm T. Wrag0, Chairman Committee Artesian
cr1. Vouro ~ 1etb instant raouaotino mn 70 f,,r