Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-02-27
OPINION
Of City Solicitor
On Contract With Akron
Water Works Co.
Believes Both Sides Are
Held by Terms.
Another Attorney Does Not
Agree With Him,
Reckless Expenditure Of Public Funds
After the Board.

81 can see nothing Illegal about the
contract betwetH the city of Akron
and the Akron Water Works company
reported CITY Solicitor Esgate to the
City Council Monday night. :.
'"That doesn't suit me very WE'LL
answered Mr.. Brady, but II! present
motion 70 accept the report
Before the motion was acted on,
however, Mr.. Paul explained to the
members of Council that there were
already two sides to a question, and
that while the City Solicitor held that
the contract was legal, another attor-
ney. whose advice was asked in this
matter, declared the contract to be il
legal. II had him prepare Il brief for
me on this question, and 1 shall ask
the Clerk to read it,
AS the attorney who prepared the
brief does not care to take publi'
part in this matter, Mr.. Paul did not
give his name.
The brief reviewed the history of
two sections of the statutes, referring
to the water works laws of the
State 2434 and 2435. Section
2434 states that no contract between
municipality and corporation is
legal unless ifhas been ratified by
vote of the people.
Section 2425,reads that a municipal
corporation may contract with Wa
ter Works company, but restricts the
period of time TO be covered by the
contract to eight years.
The concluding part of the brief
was as follows: ''In view of the rule,
as laid down by Blackstone, and in the
i
Encyclopedia of Law, we can come to
but one conclusion, and that Is, that
section 2435, subdivision AZ, section j,
does not repeal section 2434, but that
the two must be construed together
In other words, no contract can be
made by a municipal corporation with
a Water Works company for
the purpose of supplying the munic-
ipallty with water, unless such con-
tract is submitted to a vote of the
electors for their ratification or re-
lection.
"Secondly, that no such contract
shall be made for a greater length OF
time than 20 years"
It was remarked that had section
2434 been repealed, the compiler OF the
Revised Statutes would have omitted
it from the book.
SPECIAL LEGISLATION.
The water works question was not
discussed further by Council until
"Mlscellnneous business was reached.
CITY Solicitor Esgatc then read bill
he had prepared for the amendment
of the water works laws. Council
onnroyed the bill, and directed that 1t
he sent TO the Legislature, and Repre-
sentatiyes Sieber and Seese urged to
Use their influence in bringing about
lts passage. The amendment prepared
Inv Solicitor Esgatc will give munic-
inolties of Akron's class permission TO
buy water works plants at whatever
pricc can be agreed upon between
buyer and seller. municipalities VIII
also have the right to build their
plants.
This bill will be sent TO the Legisla-
ture at once, and Representatives OF
This CITY will he sent to Columbus TO
work In the interests of the amend
ment.
COMMISSIONERS CRITICISED,
| Mention was made of the fact that
the Board had disposed Of one of the
patrol wagons for $500, and that be-
sides the original worth of the wagon
5000 had been spent on it for improve
ments; also that SIG had been expend-
ed in advertising that the Board had
such vehicle for sale-they grand
total of improvements and adyertis'
ing being $3o6.
IT move that Council extend a vote
of thanks 10 the Commissioners for
this wonderful piece of business sa-
gacity," said Mr., Paul.
Mr.. Paurs last word had scarcely
been spoken. before there was n sim
ultaneous effort on the part Of the
other Councilmen to second the mo