Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1895-04-18
The Water Works Bill.

/
ly affects the boroughs of the Common
wealth. l don't want to take your time
| length, but sm compelled this evening t
give this bill more than passing notice.
We oppose this bill first, on genera
| principles 1t is wrong in principle, and
| would be a vicious precedent 10 incorpo
rate into our statute law. 1t discriminate
| in favor of one class OF corporations, con
| ferring on them special privileges, whict
are not accorded TO other corporations OF
individuals. Il is in short special legisla
tion, or class legislation. No other clasi
| of corporations have claimed or been &C
corded such special favors or rights as this
| bill conIers on water companies. IL Il
suspicious, and taking its language in the
first section, is seemingly designed to confer
on municipalities rights they did not have
before and certain powers they did mol
have, but in really gives nothing they did
not practically have before, and in the
second section it imposes upon them duties
and limitations or restrictions never before
imposed. And this in regard TO matters
of the most vital interest and Importance
to their people. What can be of more i'm
portance to people Of these municipalities
than an ample supply OF pure waterf Yet
no matter how insufficient the supply, or
how bad the quality, municipality caunot
take any steps to furnish its people with a
snfficiency of proper quality without first
buying any plant, however poor or worth
less, corporation may have established
within its limits. The plant may be prac-
tcally worthless TO the municipality, and
when bought may have 10 be abandoned,
of no practical use or benefit, yet the cor
poration must be paid, not the value Of the
plant to the municipality, but whatever
sum the corporation may be able TO snow
was the consequential loss to it, conse-
quential damage Is what the corporations
seek 10 obtain by this bill, and this opens
the door to wild guessing, for any man
who has had any experience in matters of
this kind knows that there is nothing in
which men are 80 wild in their opinions
and estimates a. when they come tO speak
Of consequential damages.
But why should municipality be com
PEELED to buy water plantf Why should
il not be free TO say whether it needs the
plaDtf Whether ii is such as It's people
need, or as will properly serve their pur
posel In no other case is II compelled 10
act thus, individuals are not compelled to
act thus. No sucn unreasonable restrle-
tions are laid on the action of muDicipali-
ties or individuals in other cases. The ar
gument OF the water companies Is that
they were induced 10 90 into the business,
to organize their companies and invest
their funds, when municipalities were poor
and unable TO establish such works, aud
they invested for the benefit OF the people
of toe muDicI palities, and with the exp6c-
tation th Il they would be remunerated by
the Incomes when the boroughs or cities
increased IN eIze and their works became
profitable. TnIs is mere allegation, but Is
untrue in fact as put. 1t is true they in
Vested their funds. and in sume cases when
the municipality was small and poor, Dut
IL was with the expectation thev would be
REIN Dursed bg this business, when II IN
creased, but il is untrue that they eyer
dreamed even at that time that the munl-
cipality would, as such, reimburse them
On the contrary their charters were OBJ
tanned and corporations formed because
the promoters thought they saw good
chance of making money IN the usual and
urdina ary course pf such business, or be-
cause they oTned real estate IN the munl-
cipality that would be largely enhanced
10 value, or because in some other Way
they expected 10 be fully recompensrd.
Not one of hem believed or for a moment
Thought that the municipalities would
reimburss them in any Gaze or under any
circumstances They c1uid not have sHp-
statute book authorizing such thing and
there WAS no reason to suppose such a
thing could be-that the people could be
taxed 10 om2ensate them for any outlay
for their plant, much less for aay merely
speculative or consequential damages they
might thick they sustained.
These cor rOoratiOns enter on the Uu-ine. Is
Just az any business man enters into any
business, or a. any other corporation, man
ufacturihg, gas, electric light, street car
or other corporation, with their eyes open,
with full knowledge Of the laws as they
move and Of the rights and privileges OF
their corporations under those laws will
ing 10 assume the risks, knowing that their
business Was liable To the viciasitudeb, the
con tin elcies and uncertainties attending
all business undertakings. Why then
should tney be made an exception A man
starts business, gets it established, an
other man starts u simi lar business IN com
petition, be may have better facilities,
more capital or other advantages and the
first finds himself worsted in The struggle.
A bridge company erects bridge across d
stream, accommodates the public, the
property becomes valuable. The county
may, II proper proceedings are taken. &C.
quire the bridge by paying therefor sucn
sums a. views Of jury may determine,
but aftes the viewers report, 1t must be
submitted to the grand jury and be ap.
proved by them AMI by the court bsiOfe
the county can pay Tor II, but thiH proceed
ing IA commenced by the people, at least
twenty Of whom must petition for II, and
on the grounds hat pubic interests require
Tie bridge 10 be made free bridge. The
corporation owning tbs bridge sas nothing
to say as 10 the pfopriety OF the county
acquiring IL, ana If the county sas fit 10
do 20, under proper proceedings, IT miknt
erect another along side Of the toll bfidge
Of company, furnishing free passage aud
PRACTICAL, destroying the value Of the cor
p0ratiOn bridge Yet tho bridge corpora
tion would rot be compensated for the
loss or damage 10 them caused by the new
erection. (For provisions ns to acquiring
a bridge by the county, Hee act May eighth
one Thousand eight hundred aud seventy
SIX. pamphlet laws lSL)
The corporation act of A prl 29th, 1874.
provides that municipalities may become
the owner Of the gas works Of corpora
tion within It's limits, to be determined aa
therein ret forth. This act Is obligatory on
the company To accept the price az fixed
but there Is nothing requiring the mnnleip-
ality to buy, II is wholly optional with u.
Corporations may be aud are established
for tho purpose Oi furnishing electric light
to municipalities Yet there is nothing 10
prevent the municipalities from levyng a
tax aud using it for providing electric
light for the light ny of the streetr alley 4,
etc. under act Of April l6th, 1878. as sup
plemented by Tie act Of June 10Th 1891
The municipality IL not bound to buy ont
the electric company plant, In such case
they may procure their electricity In any
way they please. The value Of the corp1r.
ationg property may be greatly reduced by
such actions Of the municipality. 81
under the sams act n municipality may
furnish sufficient water for eItinguishinY
fires, cleansing streets, and all public pur-
poses. bnt tbs municipality Is not required
10 buy out n water company plant with
In its limits, nor 10 take the water from
such company, but may procure IL In
whatever manner or from whatever BUurce
they please The water company = prop.
ety may be greatly dcprec ated in value,
by snch action, but In all these aud other
similar cascs thn loss mus: be borne by the
private corporations. 1t IL one Of the CON
tingencies attending the businrss which
falls on them, a. Anch lJssss tail upon 9th.
er corporations nkakDd in other busine "a
or on indyidnais. and IL will be obscryed
that In 8ll these cas"s lh@r. n n" cnniphl
zion on the munic pahtJ to bug. Tncy
NAV bat thsre - ~ must - .tny gtss, Al
there is 40 ctss "n tho 4tttut. b 'rks, tat
| chu - call at prrrsut, aud ! believe there
IA no ca. where municipality Is beiRed
around 10 its action in seeking 10 promote
the interests and welfare Of its people. M
this bill proposes % hsdRp abpnt and 70
strict municipalities II the principle Is
once established. you ~ill rsaJily see that
II Il applicAbl, ~ DdIg a. ga companies.
electric light cn nptni"s. aud divrr- 9th
sra VITO may claim th- stur ityprs win