Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-11-19
WAGNER WINS,
Judge Glenn Rules in His Favor in
His Case Against the City.
He Overrules tho Demurrer ann sus-
tains the t. mporary Injunction
History or the case aud
The Points In Liti-
gaiion.


oppressive and not uniform in its opera.
tion"were Judge Glenn's words in his oral
ruling in the circuit court this morning
on The city'sdemurrer to the Injunction of
George Wagner, restraining the city from
cutting off his water supply for non paw
ment of his wster rates.
Judge Glenn's ruling, as stated above
Was on the demurrer in the case of George
wagner, proprietor of the Atlantic brew
ery, against the city of Rock Island. The
court overrules the demurrer on The part
OF the city, and directs the city to answer
the allegations in the bill of complaint.
The position taken by the court was that
the ordinance under which the waterworks
are operated and maintained is not uni
form in its operation as to all of the
water consumers of the class to which
wagner belor gs-thst is the large con-
sumers, inasmuch as it al
lows discrimination between the
consumers. 1t permits. as Judge
Glenn holds, the placing of meters
by which the consumption of water is to
be measured in the larger establishments
at one establishment and agreeing with
other consumers Of the same class on GER
tain amounts to be paid by those con~
sumers per annum. without regard to the
amount of water consumed by them, the
result being that Wagner not being the
larghest consumer of water pays under
the operation of the ordinance about 600
per cent more than he did before its en-
actment, while the increase of the other
consumers is only 30 per cent. The
court Furthermore holds that several Sec
tons of the ordinance, that is, the section
giving the superintendent discretion in
regard to the placing of meters, and also
another section providing for the placing
OF meters at the expense of the consum
under the sixth paragraph of the ordi-
nance meters were TO be placed in estsb.
lishments upon application of the consul
mers, and Wagner had never applied for
meter. This section has reference TO
the larger consumers only. and the
court said Wagner was entitled to some
relief, and for this reason he required
the city to answer in order TO bring the
matter up on its merits to decide, as is
supposed, what that relief shall be.
The ordinance under which the meter
system was established, ana under
which the new rates were
fixed was enacted under the Bland
ing administr alton, and it should be said
in justice to William McEuiry. who was
city attorney at that time, that the ordi
nance was drawn by Aid. Williamson and
adopted by IL e council before being SUBJ
mitted to the scrutiny Of the city attor-
ney. 1t was never approved by the
mayor, nor did he interpose a veto, and
it became law without either the exec Gu
tive sanction or disspproval.
The Wagner case grew out of the city's
threat to cut off Mr.. Wsgner's water sup
ply at his Atlantic brewery on the ground
that he had failed to pay his rate as stip-
ulated by the ordinance under the meter
system. Before the adoption of the ordi-
nance Wagner paid the city for number
of years 1926 per snnum, no matter how
little or how great his consumption.
Under the meter system his water rent
according TO he measurement of the first
quarter would have amounted to about
So 200 for the year, while as he claims
his water con sumption had not materially
increased, and which he refused 10 pay,
although he paid the first quarter amount
ing to about 1914 under protest. When
the second quarter became due he refused
to pay. and when the city threatened to
cut off his supply he secured through his
attorneys, Judge Wilkinson and William
jackson, an injunction restraining the
CITY from cutting off his supply. The
temporary mi lnction was issued by Judge
Peasants nearly two years ago. City
Attorney Haas demurred to the bill OF
complaint for want equity. holding that
even if parts Of the ordinance were ire
pular they might be eliminated without
invalidating the entire ordinance. The
hearing in the case has been set before
Judge Smith several times, but Judge
wilkinson filed an affidavit for change
of venue and it could not be heard until
Judge Glenn had the time.
The city can now either stand on the
demurrer and take an appeal to the ape
pelate court, or answer and Dring tne case
before the court on its merits. sald CITY
Attorney Haas this morning" out l nave
not vet decided what will be done.