The Providence news. (Providence [R.I.]) 1891-1906, 1897-05-29
WATCHEMOKET WATER.
Petition TO Prevent Making of a
New Contract Heard In Court.
Several witne ises Examined and Argu-
ments Made.

Chief Justice Matteson heard tne testl-
mony and arguments for ana against the
petition of Olney Arnold, William Il.
Haskell and Henry f. Iiepke asking Tor
an Injunction against MayoriDayis Com
missioner OF Pubic Works Lndd ana tine
chairman of the water committees oi tho
city OF Pawuucket restraining them from
executing the new contract WIN tho
Matchemoket fire district which CONTRACT
is 20 run for l3 years
The hearing was held in the district
court room in the uop OF the county court
house and there were some sharp state-
ments made by counsel ON Doth siues,
Arnold Green of counsel Tor tho CITY shlu
that the opposition 20 the new contract
was chiefly due TO the desire OF Ellery
Wilson OF East Providence Co get coDtrol
of the affairs of the fire district MI
Angel demurred 90 this by "a side state
ment Mr.. Green had said in speaking OF
the petitioners statements that they re-
minded him of what notable persohage
said OF "Uncle Toms Cabin. namely,
that Mrs. Stowe made very good people
tell very untruthful things" Mr. Angeli
said, when Mr.. Greene referred to Mr.;
Wilson, that the statement remlndeu
him of what had been said about people
an Uncle Toms Cabin. The chlei
justice did not announce his deoision ID
on the petition from the injunction
Witness ExalnlnSJ.
Attorney Il. u. Barnefield read the bill
filed by the petitioners reciting as it uld
that for economic and prudential reasons
IL was 9ost that the new contract shouiu
not be entered into
City Clork Roberts was the first witness
called lie testified that after the pas
sage Of the resolution giving authority 10
the COMMITTEES named To renew the con-
tract he took 10 with other papers 10
Mayor Davis. He was asked by MT.
Barneheld what conversation he had with
the mayor when he presented the reso-
luton to his honUf.
Mr.. Green objected To the question but
tho court saw no reason why III shoulu
not be answered and Mr.. Roberts said
that the mayor said few words about
the matter and other measures and tho
mayor had asked him TO say TO the city
solicitor that "a conference on the con-
tract was desired. The mayor after the
| conference with Mr.. jerks, asked witness
to notify thoWatohcmoket authorities that
the bill would be held for two days.
Lyman Churchill. student In Mr.
Barnefiolds Office, said Mayor Davis told
| him ho would have signed the Dill III no
injunction had been Issued.
Gen raj Arnold on the Stand.
General Olncy Arnold testified that he
| lad always had good general KNOWLEDGE
of the pawtucket water works and that
In his opinion tho now contract would 10
an extensive one for the city OF Paw
tuoket. Witness was sharply croJs-exan-
| ined by Mr.. Green and admitted he was
not AN engineer In reply To the ques-
ton as TO whether he was lawyer or
not. General Arnold rather turned the
tables on Mr. Green by the tone In which
he said mo / should hope not.
Mayor Davis testified he would hav
signed the ordinance providing for new
contract had not legal complications
arisen. .
These were tho only witnesses called
| and MIR. Green made brief argument.
| lie urged that the Legislature gave the
| City Council of fawtucket authority TO
| mike contract with tho Watchemoket
| fire district for supplying the latter with
water, and that no limitations were put
upon this authority. The court was asked
| To interfere because General Arnold anu
| two of his fellow citizens did not think
! the contract advantageous TO the city OF
| pawtucket. He referred TO the influence
| of politics in opposition TO tho new con-
| tract.
Mr.. iSarnefleld argued that the Legisla-
ture simply gave the City Counoii the
| right TO make u contract not To abrogate
one. He dwelt at length on the usurpa-
| tion of power by the present City Coun.
! Gil and said that II the present Council
| could do this thing Council might DO
| elected in opposition To tho making Oh the
| now contract and the will of the people
| bo Defeated Attention was called to the
part of tho bill alleging that the new
contract, II signed, might be the cause OF
much litigation.
Further Arguments Made.
Walter Il. Angcll followed MIR. Barne-
| field and he also urged the granting of an
| Injunction. He called attention TO the
| fact that there was no claim OF any public
| nocessity for the enlargement of the con-
| tract while the voters of the city OF Paw
| tucket had the right TO assume that when
| i'm 1890 n ten years contract was entered
| into with the Watchemoket fire district
| that the matter was closed for that period
| No one had any reason to believe that
| three years before the expiration OF the
| term of 10 years the question OF extending
| the contract would come up. MIR. Angell
! said that while the resolution passed by
| the Pawtucket Council said the Watche.
| mol,et fire district wished TO abroRate the
contract the vote passed by the flre district
| said 10 desired TO extend It. Municipal
| powers should bo strictly continued MIR.
| Anpoll argued and then criticised many
| nortlons of the contract and showed that
| there was difference In the provisions
| between tho present and tho new contract
| Uo also attacked the legality OF certain
provisions i'm the new and old contracts
Arnold Green briefly replied TO the argu-
/ nurnatiaII and Annal