The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-24

spectlng the use OF the water in Fairmount
dam.
lnclosed is copy of a communication
which, by direction of the managers, sent to
the Chief Engineer of the Water Department
on the 7th inst. Since then the evil has been
steadily increasing.
To-day, in consequence Of the refusal of
the city to comply with an agreement not to
draw the water below the level of the top of
the dam, the navigation for loaded boats in
Paramount pool has been entirely suspended.
With the aid thus obtained by taking water
belonging to the navigation, the city, after in
curing heavy liability to all injured by this
illegal obstruction of the public highway, may
supply power to its machinery at the Fair
mount Water-works for short time longer,
Should the drought continue there is little
doubt that the entire water Of the river would
soon prove inadequate for that purpose. The
result may be such a diminution of the supply
of water to the city as will occasion great de-
privation and suffering, and, in the event OF
fire, great disaster.
The managers have, therefore, instructed
me to address you chiefly with a view to put you
in possession of the main facts of the case,
in hope that you may be able officially to urge
the application of the proper remedy.
The most important Of existing miSappre-
tensions upon the subject is a belief that this
Company claims the right to limit now the eX-
tent of the right of the city to use the water
of the Schuylkill for distribution from its re-
servors. The Company have never made
such claim. The (old) city corporation, under
its grants from the Company, did claim such a
right against the district of Spring Garden; but
the Supreme Court decided against it, and es-
tablished the law as it now stands, by which it
is clear that the present city may draw from
Farm cunt pool all the water it needs for dis
trbution from its reservoirs, at least as long
as the quantity so drawn does not interfere
with the use of the river as a highway pc
riod certainly very remote, and which possibly
maynever be reached at all.
But the use of the water-power created by
the dam at Fairmount, or by any other dam
on the Schuylkill Navigation, stands upon
different footing. The only right which the
city has to such use of the water in Farmount
pool is derived by grant from this Company
under the agreement. The supply of water
in Fairmount pool would be sufficient, in
periods of the greatest drought, for the wants
both of the Navigation Company and the city,
if the latter did not rely wholly upon that
water for its poorer at the Fairmount Water
works. The quantity Of water thus used is
enormous.
The old breast wheels there consume nearly
forty gallons as power for every gallon that
they throw into the reservoirs. The turbines
lately introduced consume twelve. 1t is solely,
therefore, as a measure Of economy, and to
save the cost of an auxiliary steam-engine, to
be used only in seasons of drought, or in event
of accident to the dam, that the city now takes
the water, and stops the navigation in the
manner of which we complain.
The grant from the Company to the city, it
will be seen, was most carefully confined
within the limits by which the Company itself
was restricted by its charter-which charter
U1tardS tbn riUbtC of tbn nublp in the 8
a highway, by providing that every such grant
be so framed that it shall not at any time i'm
pede or interrupt the navigation. Accord
ingly, the grant to the city is only Of "the
water and water-power that shall remain after
drawing off from the dam erected SO much as
may be necessary for the purposes of the
navigation Of said river, canal and locks;" and
it provides also that "the city shall only have
use Of said water as, with the use thereof for
the purposes of the navigation aforesaid, will
not reduce it below the surface of said dam,
and keep it so reduced"
We are happy to acknowledge that the city
authorities Of the Water-worlIs have generally
faithfully endeavored to carry out this agree
ment, and in compliance Herewith have re-
peatedly shut off the water from their wheels
when so requested by this Company. But
on the other hand they have often, in what
| they naturally considered the discharge of
their duty to the city, deliberately violated
| the agreement and drawn down the water in
| the pool far below the stipulated point. For
| tunately, until recently, the distractions to
the navigation thus occasioned have not at
| any one time been of very long duration, and
| the Company has therefore forbome to do
| more than demonstrate and urge upon the Of
| icers at Fairmount the recommendation of
| such measures as would prevent their recur-
renee.
BY referring to the report Of the Chief En-
gineer of the Water Department of January
28, 1864, Of which copy is inclosed, it will
| be seen that their remOnstrances had the de-
sired effect in so far as that officer was con.
cemed; and some of his recommendations OF
a remedy have from time to time been adopted
by Councils.
| The increase of consumption of water by
the city, amounting at the Fairmount works
during the past five years to over twenty-fom
per cent. for the months Of June, July, Au.
gust and September, has apparently far ex.
ceeded the means of supply during the periods
of drought; and this increase of consumption
is certain to keep pace with the growth of the
city. If no additional means of supply are
furnished the evil will soon be most fOrmida
BILE.
AS already stated, it is now so great as t.
cause serious injury to this Company, and al
| parties interested in the navigation of thu
river. II is an evil full Of peril also to th
city; and if her interests alone are considered
and without any reference to those Of thi
Company, they would seem to call for imme
diate measures to provide against its reccm
renee in future years.
A cessation Of drought can alone relieve tn
difficulty involved in the stoppage either q
the wheels at Fairmount or the navigation, a
the present time. But the future is in tn
power OF the city. Her duty to herself re
quires action; and that duty will not be con