The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-07
AUTHORITIES DIFFER ON THE
CHARACTER OF THE ZENITH
CITY SUPPLY.
ATTORNEY GENERAL CHILDS
HEARS BOTH SIDES OF THE NAU-
SEOUS TYPHOIDAL TROUBLE
AT DULUTH.
SHALL TWO wARRANTO SUITS
Be Begun Is the Question for the
Attorney General to Determ-
inc Now.

Duluth's water works fight was well
fought in the supreme court room yes
terday, and the battle will be resumed
today The case is not yet before the
supreme court. but the present hear
ing before the attorney general was
adjourned to that room on account of
the cramped quarters of the states
legal department.
Quite an array of lawyers are in
volved in the case. Duluth is repre-
scented by its own city attorney, Ellis
worth Benham, while the defendant
water company is represented by ORA
per, Davis & HOLSTER, of Duluth; and
Davis, Kellogg & Severance, and Elan
drau, Squires & Cutcheon, of st. Paul.
The present hearing is for the edit
cation of the attorney general who
has been asked by the city of Duluth
through its attorney, to begin quo war
ranto proceedings in the supreme court
to compel the water company to show
cause why it's charter and franchise
should not be forfeited. The case being
one involving a million dollar invest
ment, or more, much Of it being owned
outside of the state, the attorney gen
without full hearing of both sides
of the case. That is the basis Of the
present argument.
Yesterdays hearing was quite dry,
even though watery, but a little life
was impaired to the session by a tilt
between Attorneys Benham and Sew
erance.
In the opening Of his presentation
i
ham apologized for the rough form Of
some of the evidence presented, but
explained that he had been busy all
last week with the detail of three or
four council meetings, and he re-
marked, by the way, that his labors
were not lessened in this connection
by the fact that the legal gentlemen
on the other side had been partly re-
sponsible for these numerous meetings
in the role of obstructionists.
Mr.. Severance took exception to this
characterization, and said it was I'M
fair The attorneys for the defense
had been there in behalf of a bidder for
bonds whose bid was three-quarters of
cent higher than the opposing bidder
to whom the council seemed inclined to
award the contract.
ferred to was not submitted in compli-
ance with the stipulations of the ad-
vertisemert for bids, and that the eli
ents Of his opponents had no legal
standing, while he begged them, fur
Their, not to interrupt his remarks, but
to correct any misstatements he might
make at another time.
That was the nearest approach to
new stuff in the hearing.
The statements of the complaint are
already familiar to newspaper readers,
and may be briefly generalized, as
charging that the gas and water COM
pany was responsible for several ty-
phoid fever epidemics in Duluth
through gross negligence in the care of
its plant and failure to put the same
in a sanitary condition. The discov-
cry of refuse in the water pipes, in
Guiding toilet paper. rags, musk rats,
dead fish, linoleum and dead fish, was
recited and the demand was made that
the franchise be forfeited, and that
pending this litigation the defendant
company be enjoined from shutting off
the water supply. This was on the
ground of it's necessity for additions,
although it had been abandoned by the
poses.
To this complaint the defense made
a formal answer, which admitted the
formal statements of the organization
of the corporations, parties to the suit
but disputed practically all the rest of
the assertions 1t set forth in sub
stance that the plant of the company
had properly kept pace with the growth
Of ri xr nd
not been of a nature to pollute the
waters of Lake Superior sufficiently to
impair the purity of it's water supply
unless this was done by the construc-
ton by the city after the location of
the plant. and with full knowledge Of
the circumstances, of two sewers which
emptied into the lake, instead of into
st. Louis bay. where the bulk of the
city sewage pours. 1t was contended
that while traces of this sewage were
to be found in the waters of the lake.
no typhoid germs had been. A number
of scientific analyses, both chemical
and meteorological, were submitted
among the analysists being DIR. Sedge-
wick, DR.. Brown, of the Boston Insti-
tute of Technology, Prof. Smith, of Be-
lott college, ard Prof Forward, of Phil
crate reports which were presented to
the attorney general
They assert in the main, that sci
ence has established that bacteria may
exist in water which is chemically
pure, while conversely water that
shows high grade of impurities by
chemical analysis may be free from
bacflH. Numerous samples had been
inspected. and in none of these were
IS found any typhoid bacilli, although
the samples tested were subjected to
the most searching tests known to
modern science.
From these analysis the defense pro-
fessed an ability to refute the RESPONSE
bility of the plaintiffs charge that the
water supply was responsible for the
epidemics particularly as that charge
was made only ION information and
belief
The answer of the defense closed
with counter claim of $23. 500. which
the company alleges is due it for water