The herald., 1897-11-25
ANOTHER PREMATURE ACTION

10 tHe pIeSiueHt, DIS Tic eAcCutiNe VI the
whole nation, to see that justice is done
ANOTHER PREMATURE ACTION
It Is to be regretted that there is an
apparent disposition in some quarters to
bring the water question prematurely to
an acute crisis. A petition has been pre-
sented to the city council asking that the
necessary steps be taken at once for
calling a bond election to build an en-
tirely new water system for the city.
The supporters Of this proposition.
through their representative presenting
the petition, declared that it was not
within the right of the water company TO
determine when the pending controversy
should be settled, and that under their
contract the company should be pre-
pared for the transfer of it's plant to the
city at the time the contract expired. He
assumed that the company would not be
thus prepared. and accordingly demand
ed that n bond election be held to pro-
vide funds for securing a new water sup
ply which shall be under municipal con-
troll.
Premature action has been the most
prominent characteristic of those who
are trying to compel the trans
fer Of the water company's prop
erty. 1t was manifested when.
despite the protest of the city at
torney, an opinion was forced from that
official upon the contract between the
city and the water company, thus oblig
ing the city to show its hand and giving
the other side a manifest advantage.
Now, before the contract with the wa
ter company has expired, and before it is
known what the water companys po-
sition will be when it has expired, be-
fore it is known whether a water supply
is available. these petitioners ask for
an election to vote bonds for a new sys-
tenn, move involving the expenditure of
several millions of dollars. Such is not
sound business sense.
In the first place, the contract with
the water company has not yet expired
nor under the terms of that instrument,
can there be arbitration until it does ex-
pire, which will be in July of next year
The language of the contract upon this
particular point is as follows:
The said party of the first part here
by covenants and agrees with the said
parties Of the second part their heirs,
executors, administrators and assigns,
that at the expiration of the period of
thirty years from the execution of this
instrument, they will pay to the said
parties of the second part, their heirs,
executors, administrators or assigns,
the value of the Improvements made in,
about and on the said water works, in
pursuance of this contract. the same
to be ascertaned by arbitration. in
case the parties cannot agree upon the
value thereof.
It will be seen that the contract specifi-
cally says that the sale shall take place
at the expiration of thirty years, and
that, If the parties cannot agree upon
a price the matter shall be settled by
arbitration. If the contract had speci
fled that there should be arbitration a
year before the expiration of the term,
or six months, or at any particular pre-
vious time, the company would be
obliged to comply with those terms.
With existing conditions it is plain that
arbitration cannot be forced at present
The city, as well as the company, is
bound by the contract.
If bond election should be held, ana
the city should vote two or three or four
millions for new water supply, is there
now any assurance that an adequate
location for headworks could be
obtained? A negative answer must
he returned to this query. There
can be no such assurance until
the suits now pending over the owner
ship of water rights and bearing
territory are finally settled.
Last August the city council asked
that the suit of the city against Pome-
roy & Hooker, involving the headworks
lying above the crystal Springs property,
be advanced on the docket of the state
supreme court. That suit is still pend
ing. The Crystal Springs water right is
also in litigation. The city cannot ac-
qure water supply without taking
these two factors into considerations
How, then, can it be advanced that
the time is ripe for the city to go ahead
and vote several millions for munich
pal water plant? The time may come
when such step will be imperative, but
it has not arrived. We have not yet
tried arbitration. When the proper
time comes let us have a committee
composed of competent and fair minded
men who will do justice to the claims
and the rights of both the city and the
water company.
NOTEED cYTpTTD TTrNE