Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-03-29
OF INTEREST TO CITIES OF THE
SECOND CLASS.

Extracts of an argument msde by
David Overmyer, are here given, made
by him in the Burlington water-ws-ks
case, because of the Importance of the
case to the great number of cities ,os
the second class in this state.
THE petition alleges that the de-
PENDANT is a city Of,the second class.
The alleged contract sgrants to O'Neil,
1.-the asaignor o. the plaintiff, the right
ito erect water works in said city, lay
mains and pipes along the streets and
alleys, etc, and generally enfranchises
him to supply the city with water for
both public and private use, and author
ICES him to charge certain stated wa
ter rates from private consumers; OBJ
AigRtes, him to furnish water to church
es and schools free of charge, and to
erect two drinking fountains for man
and beast.
The city obligates itself to pay by
cdEant rent Upon seventy hydrants for a
period OF twenty years, st fifty dollars
per year for each hydrapt Cor So, 500
per year in ALL, unless the city shall
buy the water works and franchise,
which it has the option to do after the
expiration of Eve years, and again after
the exp. ration OF the next five years,
and SO on, every five years; and if at
the ED of twenty years the city has
not purchased the works, the contract
is to be renewed at the option of O'Neil
or his assigns. By the tennis of the
contract the city is compelled to pay
hydrant rent in the sum of SIT 800, be-
fore its option to buy attaches. When
it does buy. it must buy not only the
plant, but it must buy at appraisal the
franchise which it has here bestowed
upon an individual, without moKey and
without price. If it should not bay the
works, it would in twenty years pay
out as hydrant rent the enormous sum
of $4,000, and if the water works par
ty should elect to 60 on after twenty
years for another twenty years, the
taxpayers would be saddled with an
other $7O,000-or in all, in forty years.
Sl40,000-as hydrant rent to a party
who, at the same time, would have been
furnishing water to the citizens by and
through the franchise granted him. of
course, 1t an immense profit, and at
cost which, added to the annual mu-
nicipal rental, would aggregate an i'm
mense burden upon The people. If the
counsel for plaintiff in error are correct
in their statement that the plant cost
$4,000, and If the water rate realized
ten per cent. upon the investment, |
and it is safe to assume that it would |
be twice that amount), the annual
charge upon the people OF this town,
called by the courtesy of our laws |
city, would he S11,00); which, if paid |
for the forty years, which it might run
dnder tie contract, would aggregate |
the enormous sum of $4,000. The
people of this mere village are thus put
to tEeir election to go on for forty
years carrying this unbearable load, |
which would crush city twice IS large
rs &c endaDt, and which would para
I'VE the defendant and PIT stop to
its growth and end in bankruptcy-the
people must endure all this. or buy the
works and iranch Sc at SUCH price as
4 ~praisers might put upon them, and
pay the bill at the furthest thin a
period of ten yelrs after purchase.
which alternative would be of doubtful
,hoice as against the other. To call
such a transaction contract is a mis-
homer. To suppose that any rational
mind could. in good faith, meet any
,ther rational mind IN the proposal and
of the same is impossib' Q.
It is simply one of the every day in
'entlons of that piratical and predatory
lass OF men who, in this venal age,
asten themselves like vampires upon
ates. and peoples, and
;uck the blood of the multitude. 1t is
! pro eeding to coniscate the property
md exploit the productive capacity OF
he people of Burlington, and divert
he proceeds of their united energies
nto the pockets o. gang o. robbers.
The proposition that this alleged
contract is ultra res, exists independ-
ntly OF these monstroas features
which marx it Cor destruction upon
,ther grounds