St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-08-29
OPENED Their EYES.
Mayor Winston's Red Hot
Spring Water Veto Was
Sustained.
Adoption OF the Revisory
Boards Report by the City
Council.
Sons Of Veterans Find a Man
Not Guilty and Reppimand
Him.
Suicide of the Wife OF Maj
George w. Camp at Min
netonka.

on smoothly and according 10 pro-
gramme. The spring water aldermen
found, after a careful canvass, that they
had not sufficient strength to OVerrule
the mayors veto. and so, rather tnan
make useless fight and unnecessarily
incur unpOpUlaTity, decided to unanI-
mously sustain the veto. The spec
tatOrs had not long to wait, for just as
soon as the meeting had been called to
order City Clerk Haney proceeded to
read the following communication from
His Honor the Mayor"
The Mayors Objections.
MINNEAPoLIs Mimi. Aug. 22.-TO the Hon
Orabie City Council. civ OF Mlnnea pOlls-
Gentlemen: I return herewith an ordinance
granting to Henry " Phelps, his associates,
representatives, heirs or assigns, the right 10
lay and maintain wafer mains and supply
pipes II the streets, avenues and alleys OF tne
city of Minneapolis. for the purpose OF con
Quoting spring water into said city and tor
supplying consumers OF such water IN sald
city, without my signature, and beg TO sub
NIT the following reasons for Withholding the
same:
While it may be true that the general con
troll OF the streets OF the city, given to the
city council by the charter, might authorize
4 proper ordinance granting the use OF
streets to water companies for the purpose OF
conducting water for the use OF the lnhaOl-
tants of the city. lnasmueh as the city mas
itself undertaken 10 supply its inhabitants
with water for all purposes, II Is certainly
not d wise policy for the city to grant
ordinances to private companies TO engage
in such business in competition with IL
self. The city, having undertaken TO furnish
its inhabitants with pure water. should per
form that undertaking and should furnish
all the inhabitants of the city without dis
unction. II the quality OF water now sup
piled is unsuitable the city ought of itself to
furnish other water. If 1t Is suitable, then IL
ought not 10 grant franchises III competition
with its own operations. The ordinance IN
question attempts 10 limit this competition
to the use of water for culinary and drinking
purposes. and. by the last clause Of section to
impose a penalty for using spring water Tor
any other purposes. 1t would be idle TO ex-
pect that such u penalty could be enforced
even If valid. hope never TO see the prose
cutting officer or a court of jury that would
punish a man tor washing his face IN his
own house with spring water that ne has
bought and paid for. do not believe the
CITY council has authority TO create such an
Offense, and even if il had authority, It is
pretty certain that this ordinance wOnld be
invalid. because it creates an Ohense not
designated in the title of the ordinance.
The details of this ordinance are objection
able. Whenever The city grants franchises
that may or NAV not be valuable. II should
provide by the grant that the grantee should
make some performance or 10 some other
thing that shall be an equivalent for the
the city should have the benefit Of that value.
If it is doubtful whether or not these grants
are valuable. then the grantee should be
Obliged, as a condition of such grant, TO take
upon himself some risk as all equivalent 10
the benefits he should receive If he wins.
Accordingly. II has been the policy Of the
city to require as a condition precedent that
the grantee of such franchises should, within
a limited time. make such performance on
his part as to insure completion OF the pro-
ana lrrfn rrarf ClC *
provide that the grant shall be determined
by the failure 10 make this performance. but
further. that the grantee should forthwith
give bonds TO insure such performance. Moth
ing of that kind is found in the ordinance IN
question. All The ordinance contains IN this
behalf is provision that the pipe shall be
laid from the spring TO Hennepin avenue
within twelve months. and If not so laid, then
said ordinance may be repealed.
This gives Mr.. Phelps and his associates
the power for twelve months, and as much
longer as council shall neglect to repeal the
ordinance, 10 peddle this franchise or 10
peddle the stock Of any corporation that NAV
organize for that purpose. II Lhey can sell
this stock or this franchise for any hOnus
the effect is simply a gift by the city to them
of such bonus. II at the end or twelve
or twenty months hey fail to peddle out that
franchise AT q profit. they are at liberty 10
drop the whole thing without any loss
or risk of loss OF life on their part No fran
chise for the use Of all the streets OF the city
ought 70 be granted on any such terms
Again. by the terms of the ordinance if the
grantee lay a pipe from the springs to Henne
pin avenue within twelve months, or before
the ordinance Is repealed. il is then granted
an irrevOCable franchise for sixty years. Civ
ing authority at their leisure 10 lay pipes all
over the city. and collect large rates
for the use OF water. and practically
exclude any other company or the
city. unless the city should buy them out
from the use of the streets to supply spring
water. The ordinance makes no provision
TO require the holders OF the franchise 10 lay
any other pipe OF 10 furnish water to any in
habitant of the city. The owners OF this
franchise would have it IL their power 10 de
maud an eXtOrTlOnate bonus Tor laying their
pipes on any street. If the spring water en-
would be anxious 10 have II, but
could not get 1t without paving
a bonus as the ordinance is drawn. II IL IS
not good thing the ordinance ought not to
be enacted at all No such franchise ought
TO be granted by the city without making
provision to secure the accommodation Of
the people. without leaving them the arbi-
trary control OF the owner or the franchise.
Without some such provision lhev might
hold that franchise for the benefit OF one
real estate boom and to pull down another.
While perhaps III terms the franchise so
granted might not be exclusive. il is DTac
tically so, because nobody else could afford
TO construct another system OF water works
with this franchise outstanding. Should any
other parties desire to proceed with such
construction. they would be forced TO buy
out this franchise if outstanding.
Again. rs the ordinance stands, the city
cannot recall this franchise short of ten
years. ana probably the granting Of such
franchise would prevent it from getting those
rights by condemnation inside the ten years.
The city is thus tied I'D and embarrassed
without an adequate return.
In other WOrds.fOr an expenditure of about
$4,000 they would get the power TO play
dog in the manger' for sixty years without
doing anything for the benent of the city at
The provision for meter rates is futile
Nobody viii ever put in a meter 10 take wafer
at s.. 30 per thousand gallons. The ordinance
is further objectionable in taking the control
of the streets away from the council and dele
eating il TO the city engineer. Respectfully
submitted. P B. WINSTON, Mayor.
Their Reasons for Changing.
Aid. MCGOWAN, in explanation of his
vote. made an elaborate speech Of ten
minutes duration. He stated that he
had voted for the ordinance under the
impression that il was desirable and
was desired by the public; but, finding
that there existed so strong a sentiment
against it. he must vote to sustain the
mayors veto.
Aid. Durham said that he believed
that there should be some provision for
the distribution of spring water, but
that he should vote against the granting
of the franchise Aid Love was the
next to declare himself. He asserted
that he had acted in good faith in vot-
ing for the passage of the ordinance.
and that at the time he did so he be-
lieved that he was acting in accordance
with the wishes Of the people. Since
that time. however. he had found that
the ordinance was very unpopular, and
had therefore decided to change his at
titu de. Aid. Rand took advantage of
this opportunity to ring in one Of his
characteristic humorous speeches. He
said that personally the ordinance cut
very little figure with him one way or
the other, as he
Seldom Used water
except for his additions. he had voted
for the ordinance, and had since learned
that he had done the wrong thing. He
had decided TO change his vote.
AID. BradiSh said that he thought the