The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-13
FIGHT OF THE RIVAL TUGS.
THE CUMMINGS LINE TO BORE AN
ARTISAN WELL.

IL Proposes to Furnish Water to
ships at Its own Price-The Conn
ell Considering whether IL Has
the Right 20 Prohibit the Boring
of the WeII-If il Has Not, the Pro-
peIIeF TOwbOat Company Con-
tract VIII BE Interfered With.
The owners Of the new tugbOat line are
making a determined fight for a share in
the business Of furnishing water TO YES
sells Having failed to get the contract
from the city for exclusive right to fur
nish water to vessels in port they have
shown a determination 10 get q finger in
the pie by other means.
There were a couple of features to the
fight yesterday. The first chapter was the
filming OF Mr.. J. J. Cummings, managing
owner Of the new line, SO by Recorder
Wilson, in police court. for furnishing
water to a vessel contrary to the reguIa-
lions of the board Of water commissioners.
The case against Mr. r. S. Salas OF
allowing the tug .Kinkora to take water
from his wharf was dismissed by the re-
corder. Mr.. Cummings did not attempt any
defense, nor raise any technical points as
he might have done, but paid the fine
without protest. He even thanked the re-
corder for his leniency, stating that while
the fine was only So the price which he
would have had to pay the rival tug COM
pany for the 1000 gallons of water taken
from Mr. Salas wharf by the Kinkora
would have been SO so that he was still
s. ahead on the transaction.
Recorder Wilson. when asked about the
fine, said that he had not made any search
OF the ordinances on tho subject, but act
cd on the general ground that the water
commission was empowered to make such
regulations concerning the furnishing OF
water to consumers as it saw fit within
certain limits OF course Ii is likely how
ever that Mr.. Cummings and his asSo-
clates may raise the point that the rates
ana regulations Of the commission must
be approved by the council before becom-
ing operative, and that this has not been
done in the matter OF the rates and cOndi-
lions lald down by the board in it's recent
contract. with the Propeller Towboat
Company.
At the meeting Of council yesterday
afternoon, petition was received from
Mr.. Cummings, as managing owner. OF
the tugboats Kinkora and Bristol, for per-
mission to drive an artesian well four
inches in diameter, on the property known
as the upper press wharf, for the purpose
of supplying water to both steam and sail
ing vessels. On motion OF Alderman Gar
rard, the petition was referred to the COM
mittee OF the whole
This petition will raise several knottv
points If the council grants the petition
and permits Mr.. Cummings to drive the
artesian well for the purpose stated the
result will be to knock the contract Of the
water commission with the Propeller Tow
boat Company into a cooked hat. as the
new company would then be in position to
furnish water to vessels at any rate II
pleases. The main question is whether the
city has the right to control absolutely
the business OF supplying water 10 vessels
on the river and to fix the rates at which
water can be supplied That the city has
this right, where the water is supplied
from its own wells, there is very little
doubt, but the question which the council
Will have to pass upon is whether the
same control extends to wells owned bv
private parties. The question might be
avoided by refusing to grant permission
TO drive the artesian we'll but the city's
right to do this would be questioned IT
is believed that the city has the right to
regulate the boring of artesian wells with
in It's limits for the protection of its own
water supply, each new well bored within
a certain area tending to diminish the flow
of those already in use. The petition may
he refused on this ground.
The council has received the unuualffed
opinion of the city attorney that the con-
tract with the Propeller Towboat Com
pany giving il the exclusive privilege of
furnishing water to vessels in the port on
certain terms and conditions for one wear
is valid contract and that the water
commission had authority to make such a
contract.