The Portland daily press., 1892-12-06
DEEDS or CITY FATHERS.
Aldermen Want to End Contract With
Water Company.
BUT COUNCILMEN REFER THE
MATTER TO A COMMITTEE.

Alderman Gallagher Introduces the Poll
icy of Robbing Peter to Pay Paul
City Fathers Go to the Agency Purse
Again.
The regular meeting of the city gov
ernment last evening transacted consid-
cradle routine business, and besides sew
eral matters of unusual interest were
brought up. The city's contract with
the Portland Water Company was the
most important matter, and took consid-
erable time.
Board of Aldermen.
The full board was in attendance, ex-
cepting Alderman Tolman.
Contract of the City and the Water Conn
pany.
The Mayor presented this commYnica-
| ton:
To the Honorable, the City Council
| Under the contract entered into by and
| between the City of Portland and the
Portland Water Company, on March 8,
| 1858, the said company agreed with said
| ClLy do lO1AoWos
"Said corporation shall furnish at all times to
the City Of Portland, without charge to the city,
| for use in the public buildings and school
houses of the city, and for the extinguishment
of fires aud other strictly municipal purposes.
! such amount and volume OF water as may be
useful therefor.
Notwithstanding this agreement for
| the Portland Water Company to furnish
at all times, without charge, to the city,
water needed for certain and other strict
ly municipal purposes, the City Council
on order approved August 3D., 1870, au.
| thorized another contract to be entered
| into with the water company, by which
! it was agreed to pay said company $4,000
annually, in semi-annual payments, for
furnishing water for drinking fountains,
| for two urinals, for sprinkling streets in
| front of the New City Building, and to
the engine houses, for the trial of en-
gines, and for flushing of sewers.
In addition to rates deemed excessive
| and exorbitant by the public, the City
of Portland, on the first day of January
next, will have paid to the Water Com
| pany under their contract for water for
| strictly municipal purposes, the enor-
nous sum of $4,000. Besides, the city,
upon request of the Water Commissions
ers, appropriated this year the sum of
| $1,000 in order to have dispositions taken
in other cities, under able counsel, and
other measures adopted by which a prop
er showing of comparison in rates can
be made before the court to which the
City of Portland has been compelled to
appeal. If we can judge from the obstl
macy with which the Water Company
! has fought, though at last unsuccessful
ly. the city S demand for an inspection
of their books, additional expense will
be required to prosecute the interests of
the city. before the referees of the Su-
preme Court, who are hearing the case.
| Whatever merit the demands of the
Water Company might have for the city's
friendly aid when that company was
struggling in its infancy, when a gener-
GUS city government abated its taxes, it
cannot now certainly be entitled to any
financial consideration when its mains
and@ pipes are spreading out
into rich suburban towns, when its stock
is quoted at 12O, and its four. per cent
bonds easily sold at par.
The year after the execution of this
contract to pay the Water Company
$4,000 annually the opinion of the city
solicitor was given as t, the power of the
city to nullify the agreement. The mat
ter was brought up before the Board OF
| Mayor and Aldermen resulting in four
yeas and two nays, but was defeated by
the lower board. The opinion of Judge
Symonds, then city solicitor, was as fol-
lows:
have lately examined the contract between
this city and the Portland Water Company.
dated september "a, 1870, and executed in be-
half of this city by a majority of the committee
on hydrants and drinking fountains, in pursu-
ance of an order of the city council, August 2,
1870. There is no specification in the contract
OF the time during which It shall continue, but
think the legal effect OF it's to render the con-
tract determinabie by either party on reasona-
BILE notice given after the expiration of the first
year.
Believing that the Water Company is
obliged to furnish water't to the city free
for all ''strietly municipal purposes" l
have the honor to accompany this COM
munication with an order for annulling
the contract at the end of the present
calendar year.
DARIUS Fl. INeRAHAM,
Mayor.
This is the accompanying order:
Ordered, That the contract entered
into with the Portland Water Company
as per orders passed July 18th and Au-
gust I'd, 1870, whereby the City of Port
land agreed to pay the sum of 81, 900 an
nually to said company for the use of
water, be annulled on and after January
1st, 1898; and the City Treasurer is here
by instructed to make no payments to
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