Arizona weekly citizen., 1881-02-13
The Water question.

nmns last week by Fair Play,
 " Can there be given any good reason
 why the authorities of this city should
 not have granted Messrs. Culver
 Tiffany and associates, without delay
 franchise to supply us with pure
 watere" it might be very properly
 sug0estet that the City Attorney:
 oninion to the effect that an already existing franchise would not allow It. ! should be a sufficient reason.
 is true that had that officer en-
 tered more fully into the particulars mon which he bases his opinion, Il
 would have given greater satisfaction 10 the public, but we are 10 assume tbat he must understand his duties and in this instance faithfully per- formed them, and is not only familiar wilh the terms of such existing fran chise (which we are noO, but also
 with the law governing the granting and the construction thereof. That such a franchise has existed Tor some wears past is as well known 10 the
 public as are the repeated failures oi i,s holders to obtain artesian water, and that It is more or less exclusive m its terms is natural inference to be drawn not only from the City Attor- rev's opinion, but also from the eX- emplary patience with which our city fathers submit 10 the numerous pro trscted delays of the holders In lheir efforts 10 supply us with water. There being a valid existing grant, exclusive in it's nature, and not subject 10 for teiture by reason of the nOD-user or failure to comply with any of it's con- ditions, it follows as matter of course that no other franchise can be granted.
 IL is by DO means as preposLerous as
 " Fair Play would have us believe, 10 assume that such exclusive fran chlse has or can be legally granted, nor is il Gas be asserts) accepted as a mptter of pure fact that the Council cannot grant such exclusive right.
 Among the powers conferred upon the Council by lhe city charter will be found the following: "To have and exercise control over the streets, alleys and sidewalks of the city, and "to provide the city with water by reservoirs within or beyond the linn its of the city" l. was not, or course, contem plated that the Council should personally build the reservoirs and make the excavations necessary 10 the laying of the mains and pipes for con- veying the water 10 the city through it's streets, nor incur either personally or for the city the expense attendant thereon.
 The duty of the Council is ito pro- vide water, and 10 efeclually per form such duties there must neces- sarIly follow the power not only to contract with others in that behalf, but also to transfer in some degree the exclus ve authority which it possesses over our ihOroughiares, so as 10 per init the obstruction thereof in the lay ing and repairing of pipcs, etc.
 IL will be readily seen that such privilege of obstruction must, of nec- essily, be exclusive, as public policy, to say nothing of the law, would not allow that anyone should eXcavate and cut up our streets except by special permit, granted for a partlc- ular purpose. The only question there would seem to be is not as 10 the power of the Council 10 grant an ex- elusive franchise in matter involving the obstructive use of our streets, but as 10 the length of time only for which il may be granted. This, we take 1t, would be solely a matter of contract CT agreement tO be deter mined by the authorities in wha. they deem to be the best interests of the community, and if, in thls instance, they have failed 10 exercise proper judgment, they are justly amenable to public opinion.
 That our people have just cause for complaint at the unprecedented de- lay in supplying public need so ur- gent as that "t good, pure water, cannot be denied; and if 1t be true, as we are bound 10 conclude that it is under our present understanding of things, that the Council has made a bargain, or rather granted a water franchise leaving to our citizens the worst end, it's members should be forced by public clamor into devising some way out of the dilemma. IL can can hardly be claimed that any party, at the time the present franchise was granted, would have undertaken the expense attendant upon supplying our city with pure water except they had been in some manner protected against cOmDeuon fer sufficient time at least to insure It's being a profitable investment; but this fact would afford no sufficient excuse for granting ex- elusive privileges without securing corresponding benefits to our citizens.
 We say, therefore, let all the facts, the full provisions of tIe existing franchise, come before the public that we may reason together, snd in c multitude of counsel find wisdom. BUzFUZ.