The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-23
In I. Towns About
Wellington.
From the Daily Journal.

and pay all back taxes in lieu OF the
company's claim for hydrant rentals,
tnat when the contract between the city
and the waterworks company was
drawn and offered to the council for ac-
ceptauce, there would be clauses and
conditions in that contract which the
city would not and could not agree TO.
Hon. Eugene F. Ware, attorney for the
corporation, outlined the terms Of a de-
cree which the water company would
insist upon, to the council last night.
That decree embodies concessions to be
made by the city which the council VIII
never acquiesce in.
Mr. Ware evidently thinks he has the
city Of Wellington in place where 1t
will be compelled to accept settlement
on any terms ne proposes to offer. and
he is DEPRESSING from the proposition he
made TO the city while here the last time
as far as practical, and is forcing as
many advantageous points 70 the COM
pany in the contract as possible. Mr..
Ware is not satisfied with a mere con-
tract between the city and his COM
pany, but wants the agreement drawn
I'D in the form OF decree of the United
States circuit court and put on record.
Under the terms Of the proposed decree
the city is to pay the taxes on the plant
for 1895 and 1896 in settlement for the
back rentals, and 81 500 per year for wa
ter service for a period Of three years,
dating from January l, 1897, as pro-
posed by Mr.. Ware during his former
visit TO the city. Now Mr.. Ware has in
fo+ ha aor
When ORA WI the contract shall be in
the form Of decree of the United States
circuit court; the decree shall provide
that in the event Of the Santa Fe remov-
ing its divisional facilities from this
point and thereby depTiving the com
pany Of the water rental received from
this service, or in the event an accident
happens to the water plant that will ne
cessitate the expenditure Of a sum OF
money equal TO $4,000 for repairs, the
contract shall be terminated. The wa
ter company demands the right to es-
tablish a minimum meter rate for pri-
vate consumers, and the further right
to attach meters to private water pipes
where the company or management has
rause 10 suspicion that there is being
waste OF the company's water. And the
company wants an admission from the
clty embodied in the decree stating that
lnasmuch as the company has no fran
chise In this city, the city recognizes
the right Of the company in the event
u the termination OF the contract from
expiration or other cause, to remove its
water mains, MIGRANTS, plugs, standpipe
and other apparatus from the corporate
limits OF the city without molestation.
and that they will be allowed to do the
same without interference from the city,
The company also wants the right to
ask for a franchise from the city at the
End Of the life OF the proposed contract
Il the company decides a that time that
the city is sufficiently prosperous 10 war
rant them in asking for a franchise.
tNhese are the main features of the |
proposed decree as on timed by Mr.. |
WSre at the council meeting last night. |
The mayor appointed A. Graft, II. L. |
Weeds and C. E. Elliott as a committee |
to receive the decree in legal form from /
Mr.. Ware, and the council adjourned 10 ,
NEST tomorrow night to consider the I
matter. The decree was drawn last |
this morning, who refuse to discuss its |
contents.
The question Of having the contract in !
the form of a decree is one of the vital !
points in the question, and is where the !
Is likely to make its first kick. !
the company agrees TO nothing under
the terms OF the contract and would |
leave the city no other recourse to Sc
cure efficient service than TO buck the
United States court. The court would |
refer to the contract and inform the city
that the company was not bound under
ne contract TO 60 anything, and the
city would then be compelled to submit
to any AMI all injustices from the COM
Dlny or De in contempt of the federal
court. OF course Il would presumably
be 10 the best interests OF the water
10 furnish good service, but
The company is not willing to bind itself
and the suspicion existinIb between the
,ity and the corporation is mutual
'hen the matter Of establishing a min
am meter rate for private water ser
ice is likely 10 come in for considerable
contention. AS il Is now. water consul
ners can place meter in their pipes
md pay for jpust what water they use.
Under a minimum meter rate the COM
ANY could place meters on all water
,iDss and collect a stated sum of money
'ach month whether any water was US
d or not.
The question Of accidents TO the plant,
IS stated heretofore, is also full of oo-
ectionabie features so far as the city
5 concerned. These features are OBJ
-ious.
There Is little likelihood Of the city al
owing the provision TO So into the de-
rec or contract which agrees that, in
he event the water company desires,
hey remove their pipes, hydrants. etc.
rom the streets without molestation. II
he matter reaches that poinn, the city
nay decide that il has some interest in
he apparatus occupying the streets I'M
er eminent domain.
The question, instead Of approaching .
solution, appears to become more in,ri-
te and difficult 10 adjust. The city |
lains 10 have assurances from General
Ianager Frey OF the Santa Fe. which d,
uts the council somewhat a. ease in re-
ard 10 the danger ot the divisional |
hops being removed from this place in
he contingency OF shut down oe the
7ater plant
Il would not be surprising IL the coun-
il fails 10 bite al Mr.. Wares federal I
ourt decree proposition. 10 hear Of an
Their order from the company to close
ne water plant
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