The herald., 1897-12-04

l
some doubt as to when the provision as
to arbitration was effective; that Is, that
the company might wait until July be-
fore considering any demand. He
thought the preparations for the pay
ment for the plant could well be made
in advance, so that there would be inc
great delay in its purchase after the ex-
piration of the contract
Mr.. Wright thought that any court
would take the reasonable ground that
the city had the right to make prepara-
tions in advance and must do SO for the
payment at the end of the contract. His
contention that payment Immediately
upon the expiration of the contract was
absolutely necessary caused general de-
bate in which there was considerable
difference of opinion. Mayor Snyder
asked whether, If the company agreed
upon a price on the last day of the con-
tract, would the inability Of the city to
pay at once have any effect upon the
contract. Mr.. Dunn said it would not
because the city would have to be given
reasonable time in which to provide
funds with which to pay for the plant.
Judge Lee, who is retained as associate
counsel for the city, was asked as to his
opinion on the matter He stated that
the rendering of an opinion at this time
was not advisable although he had no
objection to discussing the means to be
employed in ascertaining the price to be
paid. He was of the opinion that 1t
would be Impossible at the present time
to fix value on the property and incre-
ment as between now and the expiration
of ot Yt pr. oil Of the nl1nt
might be destroyed. The time for fixing
the price was at the time the contract
expired and not before because the value
might not be the same then as at any
other time. TIE rational construction
of the contract" said he, sis that the
value of the plant is to be determined as
soon as the contract expires and that
then this value is to be determined by
arbitration if necessary. can not agree
with Judge Wright that it would be
possible to put the company in default
by any means before the expiration OF
the contract"
Mayor Snyder suggested that after the
expiration of the contract there might
and probably would be delay OF sew
eral months before the money could DE
paid He asked if in the interim the
plant was destroyed what would be the
price paid or just at what time was the
condition of the plant to be taken as a
basis for fixing the price to be paid. He
wanted to know whether the value could
not as well be taken now as at any other
time.
This the attorneys for the city ans
wered by saying that the proper time
for the determination of the condition
of the plant so that the price could be
fixed. was at the time of the expiration
of the contract.
The question of granting the petition
literally and ignoring the contract with
the company by building new and In
dependent system was suggested by Mr
Grder. in order to bring out an eX-
preston as to what the effect would be-
1t was stated that the city unquestiona-
bly, had the right to build plant If 1t
so desired, but if it did so it might be
compelled to buy the old plant at the
expiration of the contract or if in build
ing its own plant it was about to reduce
the value OF the company's property
the company would probably enJoin the
city from doing the work. In this con-
nection the question was asked: If
Judgment should be obtained against the
city after the construction of its own
works for the value of the old plant, and
the citizens refused to vote the bonds to
satisfy it. what would be the. result?
This was considered as being an almost
impossible condition of affairs.
Mayor Snyder stated that the proper
thing to do. in his opinion, was to pro-
ceed with the preparations to purchase
the plant, make the company an offer;
if refused, offer to arbitrate, and if that.
too, was refused take the refusal as an
indication of the intention of the COM
pany that fair treatment was not to be
accorded to the city. If this was es-
tablished to be fact, he was in favor
of proceeding to build the citys own
plant. An injunction suit might be at
tempted. but an injunction would not
lie if the city had done all that could
be done to live up to the contract.
w. NJ. Compton wanted the city au-
thorities to make the company tote
fair" He was in favor of proceeding at
once. as there was nothing to prevent
arbitration in advance. The city had
the whip-hand, and could compel the
company to tote fair
Judge Wright counseled the city to
follow the advice of it's legal representa-
tives. If they urged that it was neces-
sary for the city to wait until the ex-
piration Of the contract. the city should
take their advice He was gratifed to
know that there We're SO few points of
difference between the opinions of the
attorneys present.
Attorney Iisdor Dockweiler urged the
city to endeavor to ascertain the intcn-
tions of the company. 1t might be pos
sible that all this argument was use
less and that the company might be
willing to state its terms and intentions
if properly approached.
AS to the construction OF headworks.
Mr.. Dunn stated that as soon as the
Pomeroy cases We're disposed of that
work would proceed at once, regardless
of the settlement of the other aues-
tions.
A general discussion of the subject
lasting nearly an hour followed, and at
it's conclusion the committee decided to
make the recommendation to the coun.
ell that the city attorney be instructed
to present resolution outlining the
steps to be taken. The meeting then ad-
journed.
-eA
A Horoscope
III