The herald., 1897-09-24
FRIDAY, SEPTEMBER "a, 1897.
NO MORE MISTAKES, PLEASE

report gained currency yesterday
that the city council intends to make
arbitration an immediate issue in the
controversy with the Water company.
That is to say, the council expects to
propose immediate arbitration and In
si,t upon its acceptance by the Water
company.
1t might be supposed that the council
had made sufficiently silly exhibition
of prematurene ss when it insisted upon
making public the opinion Of the city
attorney and special counsel upon the
validity Of the contract with the Water
company; but If the foregoing rumor
IL we'll founded there are sillier exhibit
tions and greater mistakes yet to come.
1t ought to be perfectly clear that 1t Is
folly for the city to take any decisive
steps in the matter Of supply and control
of the water for municipal purposes.
until the suits now pending over the
ownership of water rights and water
hearing territory are finally settled.
Before arbitration is commenced the
exact status of all the property to enter
into the arbitration ought to be de-
termined. The Crystal Springs water
right is in litigation and nobody knows
whether 1t is Independent of the city's
ownership until that suit Is determined.
If the city already owns that water
right we do not want to buy 1t by arbi-
tration or in any other way.
If the city comes into possession of
the Crystal springs supply, either by de-
termination Of the suit now pending or
by purchase, it is expected that more
extensive headworks will be required.
The ground for the natural extension
Of such headworks lies above the Crys-
tai springs property and that is involved
in the suit against Pomeroy and Hooker
Clearly the city should not begin to ex-
pend money on that territory until its
rights there have been settled.
The council would better study the
contract between the city and the Water
company before it plunges at once into
arbitration and seeks to drag the Water
company with it. Arbitration is recog-
nized factor, but there Is right time
and a wrong time to insist upon it, The
wrong time is now. The contract reads
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,
- -
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 ascertained by arbitration, in
case the parties cannot agree upon the
value thereof, the said party of the
first part and the parties of the second
part, their heirs, executors, admnistra-
tors or assigns to choose one man each
and the two men thus chosen to select
4 third man and the judgment of the
three men thus selected shall be final
in the premises. And the said party of
the first part hereby covenants and
agrees TO MAKE no otner tease, sale,
contract, grant or franchise to any
person or persons, corporation or COM
pany for the sale or delivery of water
to the inhabitants of said city for do
mestic purposes during the contin-
uance of this contract, always without
prejudice to the rights already
granted
The contract plainly declares that II
at the expiration of its thirty years life
the parties cannot agree they shall resor,
to arbitration. The contract does moi
expire until July of next year. II the
council should seek to enforce arbitra.
tion Eow 4 would doubtless be defeated