The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-14
TACOMA GOING DRY.
A Court Decision Cuts Of Clover
Greek Water.
The OTHER SPRINGS FILTHY,
GLADLY woafs the People Give Back 20
Mr. Wright His wern-ous Plant
snd Worthless water Rights.

the water WORKS IN particular. Hhen IN
4 formed today by q representative Of the
PosT-IsrEIItsEscERth that Judge staiscup. Of
the superior court. had granted 90 Thomas
Rgaey an injunction restraining the use
Of Clover creek for supplying this city
With wster. to take effect IN sixty days.
lis there any money avaiiabis TO make
extensions for permanent water supply
purposes 2" was asked.
mo" ne replied, shaking his head,
''there II none. No extensions can be
made under the circumstances. The best
10 can do 10 90 repair the old dam IN the
guieh south Of the city, where ws are now
fstting Leo. 90 gallons per day. At this
session. Of the year we could gather up
perhaps i,50.0oo gallons more per dav
there. Maybe We can secure 4, 90, 90
gallons per day for the present"
Mayor Huson testified under oath be-
fore the court that il this source Of sup
ply were cut OF water famine would fol-
low, together with pestilence.
The water secured from the guiches Is
not considered wholesome 1t IL claimed
that considerable Of IL Is seepage from the
HeiEhhoring houses and outbulidings. Mr..
Demorest said
sWe have always secured all the water
90 the gniches, as il Is considered much
better water. We are now drawing 5, iOo,-
900 gallons per day from the creek"
Just then Ferdinand T. Mead, secretary
OF the park commission. happened along.
{ He asked of Mr.. Demorest: what are
yon going 10 do now to wash your feet
That's all the present supply of water is
good for. We Democrats can drink
whisky"
Continuing Mr. Mead said: 81 was
pounded on the back for opposing the deal.
knew | was right and | did not change
my sentiments and never have. 1t was a
steal"
Then Mr.. Demorest spoke: They told
me II did not stop bucking the sale last
spring would be ridden out of town on a
rail. told them 10 bring on the rail, but
they did not keep their word.'
He was asked If he had heard the latest,
that the city ought to put up or shut up;
that If il was not satisfied Mr.. Wright
would relieve 1t of the water plant He
said:
''Yes. heard il today, and the party
making the statement was given notice
that the city would be ready inside OF
twsnty-four hours to make the return to
Mf. wright. lie backed down and was
not ready to represent that Mr. Wright
was ready TO take the plant back"
A representative OF the Posr-IsrEIIr-
sEscER was informed last night by gem
neman having Mr.. Wright's confidence
that If the city was not satisfied Mr..
Wright would be willing to take back
the plant Another gentleman. who
claims TO have spoken with
gentleman who recently dined with
Mr.. Wright NJ Philadelphia states that
Mr.. Wright acknowledged IL would be a
good thing and the proper oaper TO open
the Tacoma National bank, and he is cred
tied with adding significantly that he
would open IL tomorrow IL the peo-
pie of Tacoma would do the right
thing about the closing up Of the water
deal. By doing the right thing is under
stood 10 mean that the city accepts all OF
Mr. Wright's propositions, and releases
the 100000 of water bonds held is escrow
in New York city. However, President
Blackwell, Of this bank, hopes TO open up
shortly.
Some pat selections from the decision
are given. Judge Stalicup arraigns the
agents of the dear people who managed
the million dollar steal in these words:
While the evidence in this case shows
this much. II has not brought 20 the Judi
cial cogniEanee the names and stations of
the public officers who managed this
transaction in behalf of trusting pub
lie"
Judicial sarcasm appears again. espe-
eiaily in the concluding sentences of the
following:
at is contended here that the city is
powerless TO acquire this water supply by
purchase now for the reason stated. As
view the case IL is unnecessary 60
consider this. proposition further
than 20 remark that II the city has
acquired no water supply by this transac-
ton II Is difficult 90 see how the s.. 0tu,Uo0
voted for the purpose may be legally taken
and charged 10 that account May these
fumes and these pipes Ne valued and con-
sidered as a water supplyf"
From the following it viii be under
stood in a measure Why the court was
dlsgasted.
at appears from the evidence that
neither the defendant water com pany nor
the defendant city ever had or acquired
any right to take this water from Clover
creek. and that the taking Of 1t is and has
been an unlawful taking.
And this:
eIt appears from the evidence that
The so-eaiied springs which were
Included in the transaction are en-
tirpiy Worthless as source of supply
Of water for the city. aud lt likewise APP
pears that this water which Is supplied
for the cify's uses through the Dune from
Cover creek constitutes the only sou2ce
from which the city can have a water sup
ply short of the Mashell. White and Green
rivers.
''So-eailed spriP -" Echoes from Posr-
IsrKlIaENcER truths published during
the water campaign. Tacoma is indeed
waxing up.
In humane sense the court adds;
AS 20 the power aud right OF the city to
have and keen this water for the
necessities OF the people nov de-
pendent upon il, under either aud
both the police and eminent domain
power as against che plasntlf. ! have no
doaht the taking Of this water Is not only
toT public use. bat now iJs taking IS a
public necessity"
There are many ranehers ready % fol-
Tow IN Mr Rigney's footsteps OF their
rights the court saws;
"The right Of the riparian owners in she
Naier Of the stream - property right
that BE nlav mol he deprived OF without
his consent any more than OF the soil or
the house upon bis land The property %
TIE eitiHen 10 subject 10 two powers.
ene Is The rover If eminent domain, tie
other Is the police poser: one rests upon
esiity Ia the general welfare. the other
epcn necessity solely. Mhsn prop
srty is taken or damaged hy either
power ii must DC for public
sse or purpose, and compensation
4ap H.. =. - y.afss IA