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

reservoir and certain piping, being part
and parcel Of the old Water Works. ).
u.) What were the parts Apf q new
Water Wofkss. which the plaintiffs con-
tfact6d to build, are enumerated In the
first paragraph of the agreement. They
s-s s:so sssstal az n nn.7.6sspa Z 81, .sta66
complaint, the correctness Of which is
admitted in Paragraph I Of the answer;
but for q more complete statement, the
defendant prefers the words OF the con-
tract itself. No issues of fact are raised
in the testimony, either as to the con-
struction of the new reservoir, the eree.
tiou OF the building 10 protect the ma
chinery, or as to the laying of the sue
ton pipe to the river.
The defendant assumes in it's answer
and contended in argument, that by the
agreement, the measure OF the water
power capacity to be furnished by plain
tiffs was 100000 gallous daily.
have not been able to take this view of
the contract. It seems clear that the
| agreement disoriminates between the
capacity of the forcing machinery and
the water power; the former was TO
have capacity equal to 1850. 0GG daily !;
the latter was to be sufficient for the
daily supply OF the city. It is moon
ceivable to suppose TINT the contracting
parties intended to provide power for
1900, 600 daily, when they we'll knew
that the distributing reservoir would
contain only 100000 gallons, and
when they expressly stipulated for tho
enlarging OF the reservoir, if at any
time it should be found insufficient to
contain the daily supply of water re-
quired by the city" It seems, there
fore, that by the letter of the agreement
and its manifest purpose, TINT the plain
tiffs are required to furnish sufficient
water power for the daily supply of the
city only, and not power sufficient to
force mp 1,500, 600, unless that amount
shall hereafter be required for the duly
use of the city. AS to the quantity of
water now required by the city, the wit
nesses on that point, without exception,
concur in the statement that the supply
from tho springs utilized before the
completion of the new works, has been
ample; that it was so even when, during
the war, the population of the city was
much greater than now. The evidence
further shows that taking the highest
estimate for manufacturing cities in the
United States, and estimating the popu.
lation at IL, 600, the city would require
but 100000 gallons daily, and that the
present water power furnished by plain
tiffs is adequate for that amount, cannot
be seriously doubted. am of the
opinion, from the testimony, that the
plaintiffs have now sufficient water
power to force up into the distributing
reservoir daily the full amount of 1,5O0,-
600. II is also contended by the de-
fan1oDt that fbora mill pok roroo;,, f.,r
plaintiffs use that amount of water
power, if the peuitentiary be allowed its
complement under the contract with the
one or the other of their contracts. It
plaintiffs contract with the State, that
as may be necessary for the pcaiten-
tiary. According to the testimony, that
institution now requires about twenty
each day, and under no circumstances
ten OF the twentyfour hours, and that
fifty horse power will, i'll all probability,
be the maximum that can be required
during the continuance of the contract
Bot, assuming that more power will be
IoIuIfou ny Luc Otht6 tuau plaluClllS
now furnish, that would compel them to
raise the dam at the head of the canal,
or in some other way provide the in
creased capacity required. The plain
tiffs cannot be required to provide
against wilful waste of water power by
the State. any more than they could be
REQUIRED to provide against a wanton
and malignant destruction of their ma
| chinery: The proofs show that from
some unexplained motive, the State has
now turbine wheel for the use of the
penitentiary Of 27O horse power, when
one of twenty-five would be ample for
all purposes. This causes an enormous
waste. 1t is not only serious infringe.
ment of the plaintiffs contract with the
State. but is against its settled. policy
and the highest interest of both city and
State. The object The General Assem-
bly, had i'll view when the sulc of the
canal at II nominal price was made to the
assignors of the plaintiffs, was tho devc.
lopment of this gigantic power and the
consequent influx Of capital and people;
in brief, to compete successfully with
onr sister cities Of tho North and West
III the race Of wealth and population.
10 do this, great rs our resources are,
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