The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-11-21
MOST IMPORTANT CASE ON
THAT SUBJECT DECIDED IN
NEW ORLEANS.
SIGNAL failure OFAHLTER PLANT
rhe New Orleans Picayune Disguised
land Recommends Settling Reservoirs
as the Only Solution of the Much
Vexed Question.


Die sum of $134,500 for fltering plants
"a sufficient capacity to supply the city
"a case of emergency 100000 gallons
Of clear, wholesome water per "a hours,
Guaranteeing that the precipitants re-
quired should not cost the city over So
1per 100000 gallons of water. The
works were furnished 30 fltering plants
and afterwards two more, as per con-
tract, were submitted to test of four
months of actual demonstration. The
test was made and the filtering
plant was unable to supply the
quality or quantity called for
by contract The New Orleans Water
company refused to receive the fltering
plant or pay for the same, whereupon the
National Water Purifying company sued
the New Orleans Water company for
$134, 500 and interest. In this case Judge
Monroe handed down the opinion pub
lished as follows in this issue. We also
publish the comments of the New Or
leans Picayune of the 18th upon the
same:
THE OPINION.
Plaintiff claims to have erected for de-
ten contract, for the agreed price of
$134 500 filter plant with stated ca
pacity with respect to the quality and
quantity of water to be filtered; also,
to have laid certain main pipe ordered
by defendant at the price of $1,000. AL
leges that the plant as erected is in
compliance with the contract, but that
defendant has rejected it and has re-
fused payment. Prays judgment for
$134, 800 and interest.
The defense is that the plant as erected
is incompetent to filter and supply water
of the quality and in the quantity called
for by the contract sued on and that the
laying of the main was an incident to
the main contract, to be paid for only in
the event of its fulfillment.
The contract sued on is evidenced
by two instruments in writing-the one
dated March 20, 1892, the other March
z, 1894, the latter being an amendment
and supplement to the former. These
instruments abound in detail and seem
to have been intended to express the
will of the contracting parties as upon
all points which might arise leaving moth
ing to conjecture or construction.
ATong the many stipulations the fol
lowing, stated in substance, considered
in the light of the evidence adduced, in
my opinion, embrace the points upon
which the case is to be decided, towit:
Plaintiff agreed to erect a filter plant
capable of delivering directly into the
distributing mains Of the defendant, and
for continuous public consumption, A.
100000 gallons of bright clear, whole
some water, free from any milky or
other precipitants in quantities sufficient
to harden the water sensibly, or to be
deleterious to health or injurious to
boilers or fittings; it being stipulated
that the resistance Occasioned by the
filter should not reduce the pressure upon
the distributing mains more than 10
pounds in any case, and that the average
reduction Tor difference between the pres
sure of water at the inlet of the filter and
that at the outlet should be IL pounds.
Plaintiff also agreed to furnish, as
part of said plant complete, such device
for using precipitants as might be neces-
sary for the removal of clay and stain
from the water, and guaranteed that the
,cost of precipitants required should not
exceed So per 100000 gallons of filtered
water.
1t was further and expressly stipulated
that the adequacy of the plant and its
CONFORMITY to the requirements of the
contract should be determined by an
actual running test of six afterwards re-
.duced to FOUR months, to be conducted
under plaintiffs supervision at defend
ants expense. except for repairs.
Acting under the contract as originally
made, March, 1892, plaintiff erected
plant of 80 filters, which, being test
ed, was found incompetent and made
quate to do the work called for by the
contract, hence the supplemental con-
tract of March, 1894, by which it was
agreed that plaintiff SHOULD have the
Opportunity to have another and second
Running test of the construction and ade-
quacy of the filter plant $3.50 to. deter
mine whether the same is properly con-
structed and adequate to supply the
mains and pipes of the water works in
|stallative of the New Orleans Water
|of the quantity and quality of clearness
and purity guaranteed *** That
plaintiff, finding that the present number
Of filters is inadequate %** shall have
|the right to add more filters, i * provid-
ed the addition = y is made at period
of time that will permit of the filter
plant, with said additional filters, being
Tested, in the same manner that the
original 80 filters are tested, for a
period of 25 days, the object being to
Conclude the test of all the filters within
party of the second part shall not be
called upon to accept the filter plant by
reason of the installative of said addi-
fional filters until the test has demon
atrated that the increased number of fill
ters has brought the capacity of the FL |
{er plant up to the contract perform |
ance. ** The new trial shall COM
hence as near as possible on the 18th of |
March and continue without interruption |
for period of six (reduced to FOUR cal |
cndar months"
a There are many other stipulations |
Which need not here be recited.
u The new test was begun April 5, with |
The 30 filters, as originally installed, and
continued under these conditions until |
July 10, during which time the plant
JAILED to meet the requirements of the
contract, and this not only because of |
the insufficiency in the number Of filters,
nnt for other reasons, and among them
the following:
q The plan of filtration required the use
% certain precipitants or coagulents,
md, agreeably to contract, plaintiff had
the device necessary for the ap
plication of those used, which were alum
(in a certain form and lime There
came n time, however, when the condi-
ION of the water was such that these
produced little or no effect,
nd hence, as is admitted by the faithful |
nd competent expert who was in charge
pa behalf of the plaintiff, it was not only
to deliver the water called for
Ia the contract, but it would have been
!4nally impossible IL the two additional
*ters: or even a greater number, had