The Columbus journal., 1896-05-13

Pafrsos Net Required % Purchase and
Own Meters.

Pafrsss Net Re4lired % Purchase aad
Own Meters.
We give below the decision Of Judge
John ]. Sullivan on the meter question
a presented In the case Of l. L. ALDER,
against the city water commissioner and
others, in which the court wa asked te
enjoin them from shutting Oh water
etc:
The mayor and council Of the city Of
Columbus recently adopted an ordi
nance in relation to its system Of water.
works, the third section Of which
assumes to impose on consumers Of
public water the duty Of furnishing
approved meters for the measurement
Of the water consumed by them. By
the pleadings and agreed statement Of
facts In this cas- is presented for de-
termination the question whether said
section is valid and enforcible by the
infection of the penalties therein pre-
scribed. The justice and expedisncy Of
the ordinance need not be considered:
With that the court has nothing to do.
II the enactment Of the ordinance is
within the competency of the city au-
thorities it is valid and must be enforced
whether it is wise legislation or not.
The city claims to have acted within the
terms of a legislative grant and cites in
support Of its claim the following
provision of its charter: The council
shall have power to make and enforce
all needful rules and regulations in the
erection, construction, use and manage
ment Of such w~aterworks and for the
use of the water therefrom.- In other
words, on behalf Of the city it is conten-
ded that the power to make needfuI
rules and regulations In the use and
management of the waterworks and for
the use of water therefrom Is authority
for requiring consumers Of water to fur
nish their own meters.
This is an exceedingly vague grant of
power and affords a wide field for spec
ulation as TO what was intended to come
within its terms. Standing alone it
might, perhaps, sustain the city's claim,
although the supreme court of New
Jersey has held that it would not. But
there are other provisions of the char
ter bearing upon this question. The
city may grant a franchise to a private
or person to supply it and
its Inhabitants with water for a period
not exceeding twenty-five years, under
such regulation as to price, supply and
OF water meters as the council may
prescribe by ordinance" In such case
it Is clear enough that the consumers
are under no obligations to supply
meters, and 1t has been expressly SO de
cided by the supreme court of Alabama
in the case Of Smith vs. Birmingham, l6
So. Rep, La.
By the statute IN question it is fur
Their provided that 1T shall be the duty
Of the waite. commissioner, subject to
the supervision OF the mayor and coun-
ell = = to have the general con-
troll and management of the system OF
= = fixing the rates to be
paid by the inhabitants thereof. within
such limits as may be prescribed by or
iinance. for the use OF water. water
meters and hydrants."
Here the statute in providing for the
ixing Of charges for the use Of water
provides also for the fixing of charges for
he use Of water meters and shows con-
,lusively that the ownership Of meters
oy the city and the payment Of a fixed
rental for their use by the consumers Of
was within the contemplation Of
he legislature.
1t does not, Of course. necessarily fol-
.ow from this that the city has not also
he power to compel consumers to pro-
ride their own meters, but it affords a
argument against that con-
It is highly improbable that |
he legislature would make the power
charge for the mere use Of meters the |
subject of an express grant and at the
same time permit the ore important
power Of compelling consumers Of water
% buy and Own their own meters to
.est in doubtful implication. In this
another thought occurs.
The grant Of a power in express terms
lfOrds always an inference against the
grant Of the same power by Implication.
the same act. If tina, portion Of the
from which the city claims to
its authority is broad enough to
warrant the council in ordaining that |
Of water shall buy meters, it
Of course. also broad enough to re-
luire them TO rent meters; and If it Is
broad enough to require them to rent
the express provision on that
is wholly unnecessary. To hold
sAol oosa pAO Va lAC StolulC lnCoA l
he same thing would be to impute tau
ology and redundancy of expression to
he legislature which. IN doubtful cases,
5 never permissible by the rules of con-
truction.
1t is rather to be presumed that the
language has been used intellieently
md that different sets of words stand
or different ideas
Considering together the several pro-
Tisions of the charter relating to water
meters. / conclude it was the intention
Il the legislature that where water is
furnished by the meter system only,
whether by the city itself or by some
person oil corporation, under its
authority, the patrons Of the water
works may be required TO pay water
ents, but may not be required to pur-
:hase and OWL meters