Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-12-19

ohSs SaLAO 'H w
Fines, same .......... IA 70
Total. ........s So 90
From C NJ Meet, second ward scales. SO 80
From F Morath, fourth d" I" 20 60
From Thos.W Walton. Water street scales 10 30
Total .S1O5 So
Paid out to Wallace Il Chiles attorneys
for Lexington Savings Bank on man
Paid out to Robert Taubman, assignee
Ps Ud out 5utg 10 Robert Taubman, cost Of
Paid out to Lexington Gas Company
OF gas warrant No. T99 ............... 81 90
s4ae 20
Respectfully submitted.
c.. {. WALLACE. City Treasurer.
Mr.. Homer moved to defer other business
in order to hear a report from the president
of the Water Company. Carried.
The register then read q notice from Mr..
VIM. Morrison, president of the Water Com
pany, as follows:
LEXINGTON, Mo-, Dec. IA. 1885.
Honorable Mayor Hamlet and the City
Council of Lexington, MISUNDERSTANDING
men-The waterworks being now completed
the contractors propose to make the required
test of same on Tuesday the 10th inst, or as
soou thereafter as convenient. The water
company requests that the city council be
present at said test. or that a committee OF
said council be present to see that the terms
of the franchise relating to the test are com
piled with. Respectfully,
Mr.. Russell moved to refer to the water
committee and city attorney; and that when
the council adjourn it be till Thursday night,
when the committee could report, and there
would be some probability of harmonious
action A number of the councilmen are at
sea, and van time to get advice from at
torneys. Several good attorneys have volun-
teered their advice gratuitously.
Mr.. Taubman thought the next meeting
ought to be on Monday night, as circuit court
Is 10 session and the attorneys and council
men have no time to confer together.
Mr.. Homer seconded Mr.. Kusselps motion,
with the addition Of Mr.. Russelrs name to
the committee.
Mr.. Hicklin asked that the next meeting
be Monday, on account of suits in the circuit
court.
Mr.. Taubman insisted on his amendment,
as attorneys ought to have time to look into
the matter before giving advice in such i'm
portant matters.
Mr.. Winsor objected to having gratuitous
opinions. If the council wanted legal advice,
it should select an able attorney. and get his
written opinion. He did not believe any
legal question was involved in permitting the
test to be made. The contract had twice been
ratified by 95-10O of the voters. We are nov
notified that the works are complete, and the
test will only settle the power of the works
to throw six streams of water 30 feet high
for three consecutive hours. Tn council
ought to appoint q committee of Is to wit
ness the test. Let three be stationed to watch
each stream. and rep ,rt to the council. If the
company has complied with its contract we
ought to treat it with courtesy. The com-
pany had spent SIO0, 900 with us, and if the
matter were submitted to the people to-day
they would vote for water bv u large ma
%jority.
Mr.. Russell was ready to vote. He had all
the legal advice he wanted. But if the test is
made we virtually accept the works. Other
members want time to get advice. and he
would accept the amendment to meet on
Monday night that they might have time to
do so.
Mr.. WIuscr wanted the meeting on Satur-
day night. a- he had an engagement Monday
night. There is no point or fact involved In
the test except the ability to throw water.
Mr.. Root can 60 ahead any how and make
the test, and if he can establish in q court, by
witnesses, the fact that he had thrown water
according to contract, 1t would be binding.
IT i, not II question of accepting the works.
We must wait for three months, or till about
the first of April, till the company has fur
nished the city with water Tor one quarter,
and asks US for 81 900. Then will be the
time 10 show your hands. whether or not you
will pay. You are not asked to accept the
works tonight. That question will come up
in three months.
Mr.. Howell said there was a question in
his mind whether or not there Was any con-
tract between the clty and the water com.
pany. 1t will take a good lawyer to decided
this matter. / think the contract Is null and
void. The falling of the tower may have
been an unavoidable accident, but il looked
to him like q mere sham, and an intentional
accident. He was willing to back his opinion
with his money.
Mr.. Russell said the ordinances. provided
as the test was made.
Mr.. RusselPs motion, with Mr.. Taubman's
amendment, was carried. Aessrs. Winsor
and Simmons voting no.
Mr.. Taubman presented . resolution to the
effect that the water COMPANY be prohibited
from using the hose and nOZZies of the city
in testing the works. He said If the company
! make the test, and then go on and furnish
water for three months, our silence would bt
our consent, and we would have to pay. Tn,
works may be all right, but l have seriou!
doubts about it. One provision of the con
tract calls for a test of the mains to 3Ot
pounds pressure before leaving the factory
We don't know whether or not that has beer
done. He spoke Of a hole in the street, ius1
suited to BREAKING the leg Of a horse, causet
by the mains leaking. 4 few days ago thu
tower was full of water, but there was ~
pressure in the pipes throughout the city. Il
this q testY Is the company afraid to pu
pressure on the pipes: he was of the opinion
that the contract was null, and if so 1t Is nee,
essary 20 make q new contract. He was II
favor Of the works till be saw they were Il
be q failure. Why does the company ask Vi
to accept the mains as laid and not ask us t,
accept the pumps in the pump-hOuses |
looks as Ii they are afraid of the mains.
Mr.. WiEsor thought this was going too far
He was surprised to find any one trying Il
blockade the work Rut he ouubf not To h.
surprised at Mr.. Taubman, for that gentle
man had stated, In his place, In the council
room, that he would, under no circumstance
vote to receive the works. MIR. Taubmal
denied having made such a remark Mr.
Winsor repeated that Mr.. Taubmsn hat
made the remark In the presence Of the whole
council. Mr.. Taubman said Mr.. Winsor wa
ont of order, as he was making q personal ut