The Progress., 1893-01-14
AN ImrOHTANT:oUEsTIoN,
Its solution Nearly Reached.


interest has been aroused on the
waterworks question. It has been
generally understood with almost
every person, organization or power
in the city that this company was not
complying with Its contract in sev-
eral provisions. ThE PRoGREss has
been complaining of this for some
months aud continued to do 20 until
the people took it mp and made such
complaints and appeals to the mayor
that he requested a meeting of the
company, City Council and medical
fraternity to hold a Joint meeting and
determine what was really the condi-
ton of affairs. why and what effect
the weak water press and insniii-
cient supply was having on the
health of the town. That meeting
was held Tuesday night and was we'll
attended by representatives of the
city. Waterworks, Board of Health
and physicians. This meeting Sc
lected Mayor r. T. Vinson as chair
man and Or j. w Allen secretary
and was prolonged for some time.
aud some very striking incidents
transpirod, not least OF which was "a
query OF the mayor directed to- Br j
=. Scott. asking If the company in.
tended to make any reductions for
water not supplied. This qurry
which was prupounlod several times
only elected the response let each
one who has not received water ap-
ply at the office and ] will then tell
him very frankly whether or not we
will allow it." This we think "A
very fair statement of this part of the
proceedings. The other Incident re
ferred t. appears IN the written opiu
ion of the city attorney, NJ :. Jones
on the subject, furnished at the re
quest Of the mayor
The following are excerpts from
that document:
The failure or refusal of either par
ty to fulfill the obligations
Of the contract creates right of &C
ton in favor of either party not III
default, either t. compel compliance
with the contract or to annul 1t for
breach thereof with consequent dam
ages; or. upon the deliberate aud per
sistent failure and refusal of the com
pany to discharge its obligations un-
der the contract, the city may de-
cline TO comply with it's obligations
aud force the company to seek it,
remedy in court.
The same obligation of the com
pany is to furnish ian adequate sup
ply of wholesome, clear water" &c
the city and the public for publ,
and private use and to "erect, main
tain and operate" a waterworks aud g
sewerage system, and to supply and
maintain the necessary machinery FOL
these purposes. What is considered
an adequate supply and what machin
cry is demanded are fully set forth
in the ordinance, but L call attention
TO the special requirement that th'
supply shall be of Wholesome, cleal
water"
Section IL of the ordinance pro
vides that nothing contained in tn,
contract shall be so construed ''as t,
prevent the company from tempo
rarily shutting of the water for TIA,
purpose of making extensions or re-
pairs" and no liability shall attach t.
said company for the suspension o
the supply of wster; provided, the re
pairs and extension are made and th
water turned on again without unnec
essary delay" The provision - sub
ject to construction, but it cannot b
held tbpt it absolves tho cUmpan,
from its obligation to erect, maintain
aud operate a plant fully adpquat
for the discharge of its contract.
After the expression of varlou
opinions Il motion prevailed 70 az
point committee OF iIv
to visit and examine the wa
terworks plant on the following da
and report thereon. The char az
pointed Drs. j. G. Egan, r.. A. Graz
J. w. Allen. Thos. l.. Terry and Go
ID. b. Martin. These with DIR. W. !
Whitworth, and Mr.. l. Nj. Carte
from the Board of Health, The PRoC
REss and others went ont to the plar
"Wednesday aud mate close exam
ination of all the machinery, work
etc While there we noticed a pun
running at IS pounds pressure, Gi'
ing our natural curiosity full play "
stepped 10 tire telephone and call
up CadAo No. 1 engine house TO r.
how the guage there tailed vii
that at the works. The reply 1,
ceived was - pounds, discrepanc
which, at the superior height OF II
plant over the engine house. was
marked that it needs investigation.
After spending an hour or more
the works the committee returne
the mayor and council the followlu
report:
T. tac HuaOral'1 Mayoc aud NJ -,
of the CITY Couuc'l-Geni lemen: ho'
committee appointed at JOINT meetll
of Board OF Health, Medical society m
CITY Council, To visit wnte
worlIs. beg leave TO submit the totlo"''