The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-25

waiver as against the state am unable
to subscribe to these views
The rule is equally well settled that for
feiture will not be allowed except under ex-
press limitation or for plain abuse OF power,
by which the corporation fails~to fulfill the
design and purpose of its organization.
The evidence abundantly shows that from
the year 1881 to the early months of the
present year. the people of Duluth have been
annually seriously afflicted with typhoid
fever, from which disease TAB persons have
died. The origin Of the disease is still
matter of controversy between the city au-
thorities and the water company, the former
attributing 1t to the water supply, and the
latter denying it.
The purity and wholesomeness of the city's
water appears to have been first seriously
questioned in 1890. possibly somewhat earlier.
The earliest examinations OF such water were
made by Prof. Erastus G.. Smith, in 1886, act
ing behalf of the company.
Others have since been made, the experts
judging somewhat differently as to the ques-
ton of wholeSOmeneSs.
The existence of deleterious matter in the
water supply is set forth in several afhdavlts,
in which is detailed condition of AFFAIRS
which, If true, indicates gross negligence on
the part of those entrusted with the manage
ment of the affairs Of the company.
The committee appointed by the city coun-
Gil to investigate. severely condemned the
methods of construction at the water works
station.
1t is evident to my mind that the water
thus supplied for several years past has been
impure and unwholsome and unsuitable Tor
to justify me in filing information against
the company depends upon the knowledge ana
wilful conduct, actual or presumpt1ve, OF
it's officers and agents. The lives and good
health Of the citizens of the state, or OF any
of its political subdivisions are of paramount
importance to 1t, and when, as i'll the case OF
the respondent, company mas oeen granleu
a franchise to supply municipality with pure
and wholesome water wlilful, Migrant ana
continuous disregard of its duty in such re-
spect is not excused by the fact that 1t may
hau hoo wholly
by municipal officers. When 1t is made 10
appear to the attorney general that such a
state Of facts exists 1t is ms duty. regard
less of the legal rights of the municipality or
it's citizens, to inform the court of the cor
porate disobedience, and to ask for the d1so-
luton of It's charter. The duty is incumbent
upon the company to employ every reasonable
agency in order to keep itself constantly ad-
vised as to the character of the water which
it distributes through its mains. Its patrons
are entitled to assume that the utmost vigil
ance will be exercised in their behalf They
are helpless to guard against its impurities.
The company undertook to supply the people
Of the city with pure and wholesome water.
The proximity of the several sewage outlets
was well known, and it had reason to be
apprehensive of contamination. 1t was ad-
monished by repeated typhoid epidemics to
increased vigilance Notwithstanding this,
the evidence discloses that its intake pipe
passed without inspection for several years;
that 1t extended less than 800 feet into the
lake, and was in a seriously defective condi-
ton. Taking into consideration the confguf
alton of the lake shore the situation of the
several sewers and the movements of the
waters Of the lake, the length of the in
take pipe was insufficient to satisfy the de-
mands Of ordinary prudence.
Where city is repeatedly visited by
typhoid fever epidemcs every proper test
known to science should be frequently applied
with view Of acquisition of reliable in
formation upon the subject. While the city
OF Duluth has been annually afflicted, the
frequency with which analysis of the water
was caused to be made by the company has
not in my judgment, been at all common
surate with the necessities of the case or
the duty of the respondent While this is
true, they might, perhaps, II no other ground
of complaint existed, suffice to acQuit it of
wlllful disobedience.
The evidence discloses, however a serious
disregard of duty in another respect Ordi-
nary precaut1on would have easily prevented
the greater part of the evil complained of.
Gross neglect in this respect is charged and
the evidence would seem to substantiate it.
The evidence of the master mechanic of the
St. Paul Duluth Railroad company evinces
such condition Of the water supplied to the
city as to be almost incredible. 1t Is in
conceivable that its condition was unknown
to the company, and, if known, the conduct
of its officers and agents responsible for the
management was reprehensible in the ex
IRENE
1t is not the law of this state that COM
pany which enjoys the unquestioned right of
selecting it's officers and employees
successfully claim responsibility for repeat
ed willful acts of msuser committed by and
through such officers and agents. The pub
lie welfare requires that such conduct shall
be charged home to the corporation itself.
I have not overlooked the rights of bond
holders who may be affected by the forfeit
ure of the charter; nor of stockholders who
have relied upon their officers and agents to
properly conduct the affairs of the corpora
ton. These considerations are necessarily
subordinate to the welfare of the public which
the corporation undertook to serve.
From the evidence presented I am salts
fed that the misuser of the corporate fran
chiSe has been sufficiently gross willful and
repeated, to justify the filing of an informa-
ton.