The herald., 1897-12-04
Over Water Bond Election
Petition
SUPPLY COMMITTEE MEETING
AT WHICH THERE WAS ALL
KINDS OF DISCUSSION
Recommendation Adopted That Coun-
oil Take Preliminary Steps to
Secure Improvements

There will be no water bond election
by the city council, for the present, at
least. Before any such step is taken a
demand will be made upon the city water
company that the matter of the pur-
chase of the plant be settled. This will
probably be done by officially offering
q certain amount yet to be determined
for its plant. and if that is refused the
proposition will be officially made that
the matter be decided by arbitration as
Is provided for in the contract existing
hetween the city and the water company.
While this action was not decided upon
as definitely as here stated, that was
what the action of the water supply COM
mittee of the council, at an important
special meeting yesterday. means. The
committee recommended that the coun-
Gil instruct the city attorney to present
a resolution "embodying the preliminary
steps to be taken for the acquisition by
the city of the improvements to the
water plant now owned by the COM
pany."
The committee met for the purpose of
considering the petitions that had been
presented to the council requesting that
body to Immediately call a special cleo
ton for the purpose of voting bonds for
the purchase by the city of q water
plant. The petitions were voluminous,
bearing the signatures of several thous-
and citizens. The committee had an
nounced its meeting in advance and in
vited all interested persons to be pres
ent. The result was that fifty or more
were In the room when Chairman Nick
ell called the meeting to order. Among
them were Mayor Snyder, Councilnlen
Baker, Toll, Blanchard, Ashman, Grider.
Hutchison, City Attorney Dunn, City
Engineer Dockweiler, Assistant City
Attorney Thomas, Judge c. c. Wright.
Major Lee, A. w. Fisher, representing
the Jeffersonan society; Telfair Creigh-
ton, representing the Democratic city
central committee; Attorneys Conkling
and Isidor Dockweiler.
Chairman Nickel opened the meeting
with the statement that all were agreed
that municipal ownership of the water
works was desired by vast majority Of
the people and that 1t was something
that should be brought about as speedily
as possible. The only subject on which
there was not u perfect agreement WAS
as to the best means to be employed to
secure the water system for the City.
Councilman Toll, as secretary of the
committee, then read the petition, and
Judge C. c. Wright, who had presented
the petition, was asked to explain the
matter.
After short opening speech he point
ed to the condition of the present water
contract, which limits the term of the
water company's present lease to thirty
years, and stated that the council had no
authority to extend that time one day.
The contract provides for the manner
in which the plant shall be paid for and.
in event of an inability of the two parties
to agree upon the terms, it was to be
settled by arbitration. He asserted that
the two main points in the contract We're
that it's life was limited to thirty years
and that payment for the plant must be
made at the expiration of that time. 'If
the payment must be made" said he,
then, naturally, preparations must be
made for that payment and preliminary
proceedings are necessary, and the soon
er they are taken the sooner the entire
matter will be settled.
The speaker mentioned the efforts that
had been made by the city authorities
to secure some expression from the COM
pary as to it's Willingness either to ac-
cept the offer that was made some
months ago or to leave the matter to
arbitration. lie asserted that the COM
pany could not, by refusing to answer
inquiries or refusing or neglecting to
settle the matter, hope to lengthen the
lease for day or an hour after its ex-
piration. If the city proceeded to do all
that it could under the contract, by maxi
ing the proper demands in the proper
way and by living strictly up to the con-
tract, and then the company still refused
to make known its Intentions the com
pany would be in default and therefore
deprived of it's rights under the contract.
He denied emphatically that he had at
any time advocated that the contract be
disregarded. He urged that the ques-
ton of title to the property need not
necessarily be settled while the matter
of price was being determined. The
price might as we'll be understood now
as at any other time.
Mr.. Nickel asked whether it would
be possible to arbitrate until after the
expiration of the contract. 1t then came
out that there was some doubt of the
ability of the city to enforce the ar
bitration feature tf the contract. Judge
Wright took the position that if the city
lived up to the contract fully the refusal
of the company to do would operate
as a forfeiture of its rights under the
contract. Mr.. Toll asked If the petition
was granted and bond election ordered
could that issue of bonds be used to buy
the present plant If they were issued for
the purpose of acquiring a new plant.
When it was agreed That this could not
be done the question arose as to how a
bond election could be ordered to buy
the plant until it was known how much
would be required. In this connection
even those who favored the petition ad-
mitted that an immediate call of an cleo
ton would not be advisable.
City Attorney Dunn agreed with the
position taken by Judge Wright in al
the main points of his argument He
stated that if the water company could
be put in default the obligation of tbs
city to purchase the works as provided
In the contract would be vitiated ant
the city could then construct it's owl
plant. Judge Wright then said it wa.
not the purpose to follow the request o
the petition closely until the city hat
done all that it could do. Mr.. GrldeI
wanted to know if the city had taker
all the necessary steps to place the water
company in default. Mr. Dunn said tha