The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-17
THE WATER QUESTION.
Temporary supply of Watcr--Thc Delaware
WATER Works in NIOtiOn-The Charter Of the
SChnNlliIl NnYigntiOn COmnnmN.


Water Works in MOtiOn-The Charter OF the
SchmyilSil Navigation Company.
Yesterday the Schuylkill Navigation Company
opened several of their dams along the Schuyi-
XIII, thus giving a temporary supply of water,
which, with the assistance OF the kcnsinmtun
works, which have been put into motion, will
afford relief for several days to come. As con-
siderable comment has been INDUCED in with
reference to the right of the Navigation Com
pany to the water of the Schuylkill, we here
produce that portion Of the charter of this cor
poratiOn bearing upon that subject
The said the Mayor, Aldermen, and citizens
of Philadelphia and their successors, shall
hcncciorward and forever have, hold, take, use,
and enjoy the whole water and water power of
the river Schuylkill at Farmount, that shall
remain after drawing off from the dam there
erected so much as may be necessary for the
purpose of the navigation of the said river, canal
and locks without any restriction or other rescr-
walton whatever
1T being nevertheless the true intent and
meaning of the party to these presents that the
said the Mayor Aldermen, and citizens of Phia-
dephia shall only have such use of the said
water. as with the use thereof for the purpose
of the navigation aforesaid will not reduce it
below the surface or top OF the said dam, or keep
it so reduced
'And it is also further agreed by the parties
to these presents, that should it at any time
happen that the water should be drawn off below
the top or the surface of the dam, it shall be
lawful for the said President. managers, and
company to fastcn up the gates or openings used
by the said Mayor, Aldermen, and citizens of
Philadelphia to draw off the water,a keep the
same fastened until the water shall be raised as
high as the top or surface of the dam
The Navigation Company, under its charter
from the State of Pennsylvania, has no right to
sell to the city of Philadelphia or any one else,
any water power which would obstruct its nayi-
CATION as will be seen from n clause setting
forth that all such sales are subject to this re-
| strictiOn, VIII
| "Proyfded it be so done that it shall not ut any
time impede or interrupt the navigation, and
| shall apply the moneys arising from the sale of
| the WateT-powcr to the improvement Of the
navigation, or repairing any damages that the
| dams or locks may have sustained
| The law and agreement we have referred to
| are not only being violated now, under the
| pressure of a great public necessity, but they
| have repeatedly been violated heretofore. as
will be seen by the following extract from the
| annual report of eX-Chief Engineer Cassin,
made in 1864. After quoting the agreement in
| question, he said:-
at will readily be seen from the above that
the water of the Schuylkill cannot be made
available in any considerably greater degree for
| motive purposes, and even at present. in seasons
of great demand or drought, it is not available
for such purposes without interfering with the
guaranteed privileges OF the Schuylkill Nayiga.
tiOn Company and the operations of their canal
1t is unfortunately Il fact that scarcely
q summer clapses in which the working
of the canal alluded to does not seriously
interfere with that of the water works. During
the period in which I have had the honor
of occupying the position of Chief Engineer,
have been served with notices repeatedly by tho
Schuylllill Navigation Company relating to sup
posed difficulties and alleged infringements o
provisions in the above agreement, but which il
every case prove easily to be adjusted with the
assistance OF the Committee on Water Works
and mention the fact for the purpose only O.
showing that the agreement alluded to an(
above inserted is held by the company to be il
full force