The sun., 1901-10-08

At Il meeting last nlSHl Juiiieo iN"i'
and Thomas NJ. Monaghan of the hnance
committee of City Council with Glty
Solicitor Reinhardt and Robert q. Hay-
man of counsel for the finance committee
in the disputed question of the right OF
the Board of Water Commissioners ~
buy land for n new reservoir the oplnlo''
OF Messrs. Reinliardt Harman and Ward
was given.
Tree questions were involved but the
noint of the whole matter rested on
the right to expend its surplus monies
one point, whether the department had
the right to expend it's surplus monies
for the purchase of land for reservoirs
This question is answered in the mega
tive and consequently the members OF the
finance committee are elated.
| The other two questions, whether the
department has the right to buy land
for reservoirs, and whether the depart
ment has the right to buy land for reser-
yoirs outside of the city limits, are an
| ,wered in the affirmative.
| But the concluding paragraph Of th'
| opinion is so worded as to give the op-
| nonents of the department little cause
Tor elation. 1t states that the question
| S one vi uOuDl slllt1 JuStlhto N''N tHNih-
af the matter into court for a decision
upon case stated.
| Mr.. Kane said last night that in view
| Of the nature of the opinion it would
be wise for the Water Commissioners
% reconsider their action. But the opin
ion will not alter in the least the posi-
tion of the commissioners and the ont.
.ome of the matter will be hearing in
court upon a case stated.
City Auditor Boughman still with.
holds his signature from the $4,000
heck of the Water Department.
The opinion follows:
To the Council of the City of Whining
ton,
Gentlemen:-Your letter of the 26tl
Of September has been received. In i
you ask the following questions:
/. Has the Board of Water Commits
Sioners the power to purchase land fo
reservoirs?
2. Has the Board of Water Commits
'ioners the power to purchase land 70
reservoirs outside of the limits of tn,
city?
8. Has the Board of Water Commits
Fioners the power to purchase land 70
| reservoirs with the "exceSs'' of monie
derived from water rents. after puyin,
the interest on the water bonds and tn
Irunning expenses of said water works?
|, We will consider the questions in thei
order, and in reply to question one, w
submit the following:
The act Of the Legislature creating tn
Board Of Water Commissioners, give
he board the express power to purchaS
, lands for reservoirs. and on this poin
there can he no doubt whatever. w,
therefore, answer the question in til
affirmative.
, In reply to the second question, we sui
nit the following:
Section l of the act creating the Boar
, It Water Commissioners, gives the boar
| | he express bower to take water at an
/. 1olnt on the Brandywine river, or to tax
/ | my other wholesome water, and conve
. ha same into and throughout the city
Wilmington.
I This clearly gives the right to tax
water outside the city limits.
\ There is well defined principle I
law, which is. that there is grant
; EXPRESS power, ii carries with it the IN
,lied power to make good and effectiN
o the power expressly granted. Under tn
+ principle OF law, as the express pow'
;. = given to take water outside the eli
+ limits. ii therefore. necessarily carrie
with it the implied power to purcha
i my lands outside the city necessary TO
,sed for the purpose Of storing sa
I | water, and Of carrying said water in
j md through said city"
J. We, therefore. answer the question
t he affirmative.
. In rpply TO the third question we SI,
o nit the following:
$ The sections of the act creating II
Board of Water Commissioners whit
i YEAR in any way upon this question. n
. rctions one seven, twelve and fnr
q zen.
u Section one treats Of the general po'