West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1882-02-15
WATER WORKS.
The Legal Points Involved.

ED. FREEMAN A gentleman who
signs himself "Reader" treats the
public through your columns to a
learned discussion of the legal
points involved in what is known
as the Water Works Ordinance,
passed by the City Council last No
vember, and which the present
Council has declared illegal and in
valid
There seems to be but little use
in discussing legal questions thro'
the columns of newspaper, but as
this communication, which wasev-
identity prepared by the counsel of
the Water Works Company, was ap-
parently published for the purpose
of rejecting upon the action of the
Council in declaring the ordinance
invalid, l think it is but Justice
to the Council that the argument
should be answered in the same
public way in which it was made.
The counsel for the Water Works
Company in his article undertakes
to show that the supposed contract
by which the City agrees to pay
the Water Works Company $125,-
600, in annual installments of
$4,000 each, creates no debt on the
part of the City, and hence, that
there was no necessity of submit
ting the matter to vote of the
people. What constitutes debt is
thus illustrated:
eff the Water Works Company
had contracted to build and deliver
tothe City within given time, Wa
ter Works, which were to be owned
by her, and to be paid for in install
ments, say $125,000 payable in the
sum of $1,000 for Is years, that
would clearly be a debt in the
meaning of the Constitution, be-
cause the City would be contract
ing for the purchase of property"
But this ordinance or contract
creates no debt, concludes the learn
ed counsel, because the City receives
no property for the sum of money
which she agrees to pay The Wa
ter Works Company is to own all
the property and is to be paid the
$125,O00
Now, cannot the taxpayer Of
average intelligence understand
that sort of logic? You cannot agree
to pay money and receive property
therefor, because that creates a debt,
but you can agree to pay the money
if you are not to receive property
therefor, because it does not create
a debt.
1t is conceded by the counsel for
the Water Works Company that
if the contract between the City and
the Company would operate to in
crease the debt of the City, then the
contract is invalid, because no vote
Of the people thereon was had.
Then the question is whether
this contract by the City to pay the
Water Works Company $1,000 per
year for twenty-five years consti-
tutes a debt. The promise to pay a
certain sum of money at certain
fixed times, not out of funds on
hand, but out Of funds to be provid-
ed in the future-that is what
practical business men call debt.
That is the ordinary name of liza
bility which any person or corpora
ton has to provide for in the future.
| understand that in constituting
laws and contracts the usual and or
binary meaning is to be given to
the language employed.
The obligation, it is true, is not
in the shape of negotiable bills, but
if binding at all, the contract is not
one whit the less obligatory. Every
one of the installments must be met
at it's maturity by funds to be raised
by taxation; not only next year but
more than a score of years hence
until every instailment is paid ac-
cording to the letter of the contract.
Upon this point there ought to
be no controversy. The Supreme
Court of Illinois considering Con-
stitutional provision in the exact
language of our Constitution upon
this subject, says:
GA debt payable in the future, or
payable upon contingency, or the
happening of some event, such as
the rendering of service or the de-
~ doh