West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1882-02-08
Water Works-UpOn the Legal
Question.

Ii. hEhMAN ~ appears lIoH
the proceedings of the Council on
January oath, 1882, that its resolu-
ton declaring void the Water
Works Ordinance, was based on the
notion that the ordinance created a
debt, all questions connected with
which must be submitted to vote
of the people.
That is the sole ground stated,
as the foundation for the Councils
very prompt action.
If the Council is mistaken about
the Ordinance constituting debt,
the Resolution must fall, as i'll
grounded.
think the Council is mistaken,
and shall give my reasons.
The provision of the State Con-
stitution referred to is substantially
stated thus:
"No city shall become indebted
in any manner, or for any purpose,
to an amount exceeding 5 per cent.
of the taxable property therein nor
without at the same time providing
for the collection of direct annual
tax, sufficient to pay annually the
interest on such debt, and the prin-
cipal thereof within 81 years; pro-
vided, that no debt shall be con-
tracted, under this section, unless all
questions connected with the same,
shall have been submitted to a vote
of the people"
Observe, that the people are re-
quired to vote, not upon every kind
of debt, but only upon debt, as
contemplated by that section of the
constitution. This whole section
quoted, refers to an indebtedness
capable Of having principal and
interest 1t is certainly true. that
the Constitution must be construed
according to it's spirit and intent,
and that it cannot be avoided, by
calling things by different names,
or by seeking to do indirectly that
which is directly forbidden.
What, then, is debt, as meant
by the constitution?
1t is money which city owes and
cannot pay out of current income
as distinguished from those ex-
penses which are ordinary, necessa-
ry and constantly recurring, from
month to month, and year to year.
To the latter class belong the en-
ployment of clerk, sergeant, recor-
der, police, street-labor, gas-service,
fire-service, water-service, &e.-the
running expenses of continued ex-
istence. For such matters it is not
practicable nor prudent to pay UNI
til the service is rendered, nor can
contract to make such payment
de deemed a debt.
If the Water Works Company
had contracted to build and deliv-
er to the city, within a given time,
water works, which were to be
owned by her, and to be paid for in
installments, say $125,OO0 payable
in the sum of $1,000 for 25 years,
that would clearly be debt in the
meaning of the constitution, be-
cause the city would be contracting
for the purchase of property-the
price of which would be a debt,
though the time of payment would
be deferred. She would Que the
S125.000 as soon as she gets the
property, payable in installments.
Again, the city receives a new
steam fire-engine at $1,000, to be
paid for at the rate of ST 900 a year,
for five years. This, too, is a debt
from the moment the engine is de-
livered, though only 81 900 becomes
payable each year.
In both of the cases mentioned
above, vote of the people is requir-
ed by law.
But the present contract requir-
ing the city to pay $1,250 every
quarter, as aoater IS furnished, does
not belong to that class.
The Constitution does not consid-
er current expenses debt, nor
does it require popular vote to
dole out every appropriation.
1t does not mean that if man is
employed for month at $3.50 a
day that the city incurs a debt
of S45 which must be referred to a
vote; nor that her agreement to pay
her police $55 month, as service is
ropd orod &c N doht tbot ,,,,,ct fret