The Newtown bee. (Newtown, Conn.) 1877-current, 1891-01-23
NEwTowN, JANUARY 2s, 1891.
WESTPORT.
THE WATER QUESTION.


the fearful storm and generally circulat-
ed report that the meeting would not be
held because of alleged illegality in the
call, so great was the interest in the in
PRODUCTION Of a system Of water into the
town that the hall was we'll filed when
Town Clerk Finch called the meeting to
order and asked for the appointment Of a
chairman. As on nearly every similar
occasion, Oscar l. Jones, president of the
board Of trade, maintained the dignity of
the Office during the exciting meeting
that followed, at the conclusion of which
1t was decided that the selectmen should
be instructed to call a special town meet
ing at their earliest convenience, to take
action toward ratifying the limits of the
fire district already laid out and COM
pleting the contract with the Westport
water company, when that project be-
comes reality. The meeting was mark
ed by rapid and sometimes heated argu-
ments between gentlemen holding oppo-
site views and, at times, Lawyer Wilson
and other speakers fatty contradicted
one another. They were quickly brought
to order, however, and quiet was enforc-
ed whenever Chairman Jones pounded
the table with his fist. Owing to the
GOODNESS of the hall, nearly all wore hats.
After the warning had been read by
Town Clerk Finch, Lawyer Moses w.
Wilson said that he would read a propo-
siton authorizing the selectmen to con-
tract with the Westport water company,
for so or more hydrants, at an annual
rental of $50 for 10 years, the water pres
sure at Westport bridge to be not less
than GO pounds. The motion was second
ed and discussion began. Selectman
Wakeman said the selectmen had called
the meeting on petition of many citizens,
but there had been discussion in regard
to the legality of the call. He had seen
Lawyers Curtis Thompson and A. M.
Tallmadge of Bridgeport and obtained
this opinion:
To the honorable board of selectmen of the
town OF Westport; Dear Sirs-The notice of a
meeting of voters, residing in the Westport
fire district, has been submitted to me tor an
opinion. Assuming that there is no incorpor-
ated "Westport fire district" and that section
Ii of the special acts No. 254, passed 1889. con-
it is clear that said section authorizes: First,
the town of Westport, through its selectmen,
TO make contracts with the water company;
second that the town only can locate the linn |
its of the fire district and impose and collect !
taxes to meet the cost of fire protection upon |
property within said fire district. In my |
opinion, therefore, the notice is Illegal; and |
the proposed meeting is unauthorized by law.
Yours OBSERVATION-DISCLOSURES Thompson, attor
ney, Bridgeport, January II, 1891.
In response, Lawyer Wilson said that
the reading of the opinion was not in Or
der and not germane to the subject. 1t
was,at least, but the opinion of one man;
others held contrary opinions. At any
rate, there could be an expression of
opinion in regard to the necessity of wa
ter works. Lawyer f. NJ. Lees was
greeted with cheers and said that he
didn't want to do aught against the pro-
vision of water for the town; but he did
want to have all things done decently
and in order. He said that the call for
the meeting was illegal and read a stat
ute to confirm his statement. The town,
not the inhabitants of u certain district,
was empowered to place hydrants, assess
and collect taxes for the fire district.
The illegality of the call consisted mere
ly of calling the inhabitants of certain
fire district, instead of the entire town.
There could be no proper business done,
save to adjourn and let another meeting
be called, in accordance with the law and
the evidence. He did not believe there
was a lawyer in the State who would
say that the call was legal Mr. Hurl-
butt asked how, if there was no meeting,
it could be adjourned. Mr. Wilson re-
ferred to the remarks of Mr. Lees and
thought there might be a slight differ
ence of opinion. He said that the meet
ing was not to be binding, save as far as
to obtain an expression of opinion, in or
der that a town meeting might be called
later. Mr. Lees withdrew his objection
and Mr. Hurlbutt asked Mr. Wilson to
withdraw his previous motion and make
a new motion embodying what he
had just expressed. Mr. Wilson moved
that vote be taken on the question as
to whether the people of the town were
in favor of public water. Mr. Morehouse
interrupted to say that the townspeople
had not had sufficient time to consider ,
the matter, but was declared out of order ,
and the question carried overwhelmingly.
j. G. Taylor asked if the selectmenI ,
would be instructed in regard to laying
the taxes and was told that they would. !
Lawyer Wilson withdrew his original
motion and Lawyer Lees moved an adj q
journment, saying that this was a meet ,
ing of the inhabitants of the fire district,
not the town. The motion of Mr. Lees q
was lost. Mr. Wilson moved that the Sc :
lectmen be asked to call town meeting !,
at their earliest opportunity, to act upon
the suggestions embodied in his first mo-
ton. Mr. Lees said that the entire pro-
ceeding was illegal, but was called to or
der by Mr. Wilson and the two lawyers
wrangled fiercely for few minutes. Mr.
Lees said that the selectmen could not
call a meeting without written petition.
Mr. Wakeman wanted the selectmen fully
AS to their duties in the premis-
es. Mr. Wilson's motion was finally car
ried and a motion to adjourn was declar- /
ed carried. though few seemed to doubt ]
this. The original motion submitted-b by /
Mr. Wilson, upon which the fiercest dis \
cussion was made, is as follows: lib
Voted, That the selectmen of the town of
Westport be and they are hereby authorized
and directed, in behalf of the Westport fire t
to contract with the Westport water Il
(wheh organized) for the rental Of
wafer for fire p,Irposes and for other purpos-