The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-09-27

liable to the city. Whether these are
properly or improperly constructed, the
works are, and have been for months,
lin successful operation :Snnd, dn the face
OF that fact, such tsstimony cannot
avail as ground Of exception to their
The assu mption upon which the de-
nial Of the performance Of the contract
in one respect is based, is, that the
plaintiffs, in furnishing the city it's daily
supply OF water, have no right to use
any portion Of the old Water Works,
and without their use they were not, on
the cist of November last, and are not
now. prepared to furnish any water for
the city. The defendant charges that
the plaintiffs in the nse OF tho rccsiving
distributing reservoirs and piping
have wrongfn!ly seized upon the old city
Water Works. and with having ''seized
the property and usurped the rights Of
the defendant" that the same is wholly
outside of any contract. and measured
by this terms OF the contract, is stress
pass.
The denlal assumes :h.,t under their
contract, plaintiffs were required 10
build reservoirs in lieu uf the old re.
! ceiving aud distributing reservoirs, and
to lay eutire new piping. The views
entertained by the defendant in regard
to the meaning Of the agreement as
above stated, and III rcfereI.r. to the
plaintiffs being bound to furnish 100
horse power for the uss of the peuiteu
tiary, night and day. would seem to be
tho result Of q distempered Imagination
or chronic personal feeling, but for the
exalted character Of The learned counsel
and the earnestues. aud gravity with
which they arc maintained.
Bi- the terms Of the contract. plaintiffs were
TO build IS such parts Of 4 new water works
as arc required TO force one and half mil
lions Of gallons daily into the distributing
reservoir Parts" Of thing arc less than
the whole. The construction Of new rcscr.
voirs instead cf the old, and the LAYING Of new
pipes from one TO the other, arc not things
enumerated TO bc done in the contract, nor
are they OF either Of them, necessary in or.
der to give the works the Increased capacity
Besides this, there is au express stipulation
i'll tho contract that should the distributing
reservoir be found at any time insufficient for
the daily supply of water, it was TO be en-
largcd by the defendant. The old receiving
reservoir, having capacity Of six hundred
thousand gallons, was sufficient, always had
been and always would he, TO hold the daily
accumulatons from tho springs. Tie addi-
tional supply provided for in the contract to
meet the future wants Of increased poprla-
ton, whether from tho springs below the old
receiving reservoir or the river, coul,l not fall
into this reservoir, and hence the provision
for the construction Of q new receiving rcscr-
voir = near the Columbia canal"
1t is unreasonable to suppose that the
party Intended TO take out Of use forty
thousand dollars worth of piping" that was
in goo9 order and answered all the pur-
could be made. New pipes would not giv G
increased capacity, they are not stipulated for
i'll tho contract: nor is there amy implication
therein warranting their construction. The
old pipes, ,ipart Of the old works arc fully ade-
quatc 10 meet the demands OF the city for tile
water, and TO quadruplc that demand. As
the plaintiffs arc bound by their contract 4" to
build such parts Of new Water Works as
arc required to force ono half millions Of
gallons Of water daily into the distributing
| reservoir" how can it be contcnded that they
| are bound to build "parts which are not re-
quired for that purpose. The old lue ofpipcs
being already sufficient, nothing was required
except to connect the new with them so as 10
| form a continuous line.
| 1t is contcnded by the defendant tho plain
tffs have no right to use the old pipes. What
is the meaning Of the provisions Of tile con-
tract, that g the steam engine and all the ap-
paratus now used by the said city for forcing
water into tho distributing reservoir should
remain in their thon condition for two years
after the new works should bo completed,
subject to tic use Of the plaintiffs, if their
machinery should be OIL: Of erder?' The
steam cngnoHnd apparatus were connected
with the old pipes, and if entire new piping
was t. bc built wholly unconnectcd with the
old, Of what use would the engine and appa-
ratus'bc TO tho city, or tho plaintiffs.
The obligations Of the plaintiffs are to
furnish sufficient water power to force into
tic distributing reservoir the number Of gal
Ions required hy Tie city daily And all
the Labor And management 0! the :,.;chinc,. !.
;p!i appurtcnanccs thereto
These obliSa,io:.s impose tho duty IN Tie
plaintiffs o. furnishing: in lie distributing res
crvoir all tie water required Tor Ia, nccdlul
! supply %! the city. and to furnish tho bes,
waite. olhnDc from the sources mentioned
in Tic contract, TO carry out tbs par, Of the
agreement T." pipes HAT coninc; The water
10 lie rccci,ii.- reservoir amd ,.c reservoirs
:nusl ic kept clean, AMI ia Otherwise good
order
Tie undertaking; o: tie plaintiffs l,cgns
will. taking, Tie w.,;c. from Tie springs og
, ty.r i,, ,i. cti,,,,li,s ,r,r, lilo