Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-10-09

business hereunder and lat IL it is en-
forced the plant will become practically
worthless: The city contends that the
rates are reasonable and just, and az.
proof thereof sets up the fact that the
City Water Company has accepted the
terms Of the new ordinance and agrees
to furnish water to private consumers at
rates therein named.
The plaintiff also alleges that the
franchise granted to the City Water
Company for the new plant is invalid
and illegal: that the city has no right to
enter into such contract, by the terms
OF which the city is to pay $4,000 per
annum for the term of twenty-lhreeS
years and then own the plant in its en-
tirety, alleging that the city has passed
the constitutional limitation Of Its in
debtedness and can not for any pur-
pose assume further liabilities.
The plaintiff sets up the claim that
altho ito twenty five year franchise has
expired 1t has equal rights in the city
for all time with any other concern that
may be granted a legal franchise And
laltho In the campaign of few months
ago 1t acknowledged the fact that the
city had right to Ak the rates which
shall be charged consumersit now prac-
tically denies that the city has this
right. It sets up the fact that the con-
tract with the City Water Company is
against public policy, whereas the pub!
lie has been robbed systematically by
1.-THE Cedar Rapids Water Company. The
plaintiff alleges that its plant cost over
100000. while the books OF the concern
show that it cost lees than 100000, or
more shan $4,000 less than the city at
one time offered the company for its
plant.
The real fight Of the entire case will
hinge on the point whether the city has
the legal right to make such a contract
as has been made with the City Water
Company The plaintiff alleges that the
compensation to be paid the City Water
Company, $4,000 per year for twenty
three years. is too great for the service
rendered, but the city will show that the
City Water Company is to give:
First-Pure, filtered water
ond-Suficient water for fire pro-;
lection.
Third-Four hundred fire hydrants.
Fourth-T The best Of service at the
rates prescribed in the ordinance which
the plaintiff is seeking to enjoin the city
from putting into effect.
And finally, at the end of twenty.
three years, the city islto have the entire
100000 plant. site machinery, mains,
etc, absolutely free.
The plaintiff, it is said. will attempt
to show that the courts Of several
states have held this kind of a contract
to be void and against public policy. So
far as the discussions Of the Iowa SUI
preme court are concerned the plaintiff
will rely entirely upon the decision in
the case of the city of Dies Moines,
which sought to buy an electric lighting
plant on some what the same terms as
the city wishes to purchas sc the new wa
ter works plant. In other states cities
have been allowed to exercise the right
that Cedar Rapids desires to exercise,
and it is proba BILE that no matter how
Judge Treichler may decide the case
Will go othe supreme court.
The plaintiff sets up the claim. as has
been said, that the city has exceeded the
constitutional limitation of it's indebted
Iness and that it can not even issue bonds
for the purchase of a new water plant;
that the only way it will ever be able to
get out Of the hands of the monopoly
which now has the people by the throat
is to save up enough money to pay for
a plant outright. The city, under such
a ruling of law, would have none of the
rights that private individuals enjoy,
and this after,-b an almost unanimous
vote, the people of the city have author
ized the council to make just such a
contract as has been made with the
City Water Company.
The decision will be awaited with
much interest and the progress of the
case will doubtless produce many points
that will be watched by other cities.
There are dozens Of Iowa cities that will
avail Themselves OF the right to acquire
water plants under the plan that Cedar
Rapids hopes to employ il the courts
hold that 1t is legal. There will be moth
ing covered up by the f1cials OF the city
everything they have done is in ac-
cordance with the authority granted
them at the special election, and IL the
courts decide against the city the people
will have the Subtraction of Knowing
that their representatives, IN the council
have done their duty.
This Is the season when mothers are
alarmed on account OF Group. 1t il
quickly cured by One Minute Cough
Cure. which children like to take. All
druggists.