The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-09-01

contract in question is based. To issue
the bonds of the city in the existing
PROSTATE and broken condition of our
finances and credit, regarded eminent
ly injudiciOus and reckless, the doing Of
which would reflect disparagingly upon
the wisdom and common eense of the
city government, and the result of which
would be grevously burdensome to the
Tux payers.
BY the acceptance of the other course.
which thought practicable, no debt
would be incurred--no bonds would be
sacrificed, and no opportunity afforded
for the manipulations of the hcartless
shaver, dealing in the cmbarrassments
and dlstresses of tue great body of our
corporators for disrepntable gains.
The fact, then, Of the pressing neccs-
s.ty for an increased supply of water for
the city being conceded, it must also be
ut once conceded That it became the
imperative duty of the City Council to
take steps to meet this great and admit
ted want. Those steps they have taken
III the form OF contract with Mcssrs
Spraguc and Pearce, who obligate them
selves to furnish the entire capital nc
cessary TO secure the watcr-powcr and to
construct tbe necessary works. In other
words these gentlemen. of unqucstion-
able integrity and Of tho largest means,
have agreed with the CITY Council to
furnish 1900, 900 gallons Of water daily
for distribution throughout the city'
having it ever ready for use on the dis
astrous occurrence of accidental or in.
cendiary fires. Who that is truly friendly
to the best interests of Columbia-to
the bringing of capital into it and near
ito the introduction into all our old
departments of industry men of energy
and money, and to the creation and Ell
couragement Of new enterprises, by
which our natural resources and advnn-
tnges may be developed, eau, upon con-
slderation, censure the City Council for
this proceeding?
Tho capital required for this indispen-
sable work-this work of prime necessity.
without the fruits of which we cannot
live IN comfort by day or sleep in peace
and safety by night-has been offered to
us, and for us accepted by those WHO
are authorized to act for us, and whose
duty compelled them to act, while the
whole vastly important affair (no lob ut
ally will be conducted to q triumphant
termination ty intelligent, practical and
just men, whose lives have been crowned
with virtuous and honorable successes;
aud had the City Council permitted this
opportunity of doing this great good for
their constituents to pass uuimprovcd,
they would have deserved IL consuming
public censure for their remissness. AS.
however, they did not allow it to escape
them, let them have all just applause for
their vigilance.
In this brief notice Of the contract
under consideration, I have no idea of
discussing its merits in detail I desire
only to correct misapprchension of it's
true meaning in one or two particulars
And first, it is said, as am informed,
that upon the works falling into tho
hands of Messrs. Spraguo and Pearce,
by reason of the failure of the City
Council to perform their part of the
contract, the power to assess the water
| tenants at discretion would vest in these
gentlemen, whose assessments might be
oncrous and oppressive upon the citi-
zens. Now, I do not hesitate to declare
that, under the contract as it stands,
there is not only no such power con-
ferred. but that the exercise of any such
power is absolutely and plainly inhibit-
cd Read the contract at the eighth
clause. Tile tuceS and ,cater rents 10 be
assessed and .fcel by The party Of lie first
part" that is, by tho city of Columbia
Thus perishcs this objection, and no
honest mind can urge it after he has
examined the contract. But, suppose it
(the contract) did give such power to
Messrs. Spragne and Pearce in terms.
Then, as LAWYER, I do not hesitate to
announce the opinion that, to that ex-
tent, the contract would be absolutely
void, Us against an established principle
of law, which prohibits an agent from
transferring to q third party the powers
which he has derived from his principal.
The City Council themselves are the
mere agents of the State in the govern
ment of particular community, por-
tion of its inhabitants. The power to
establish water works, and to raise
money by taxation to defray the costs
of keeping them in operation is derived
from the Legislature, and cannot be
transferred to another corporation or
to nn individual without the authority
of that body. Any attempt, therefore,
on the part Of Messrs. Pearce and
Sprague to assess and collect water rents
from the people of Columbia. under
their contract. would end in humiliating
failure. L think, therefore, every one
will concur with me in the opinion that
no possible power of eXtortion or op-