The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-09-13

CarbOndale'S most representative
citizens, including nearly all the clty
officials, were at court yesterday in
attendance upon the hearing in the
equity case in which it is attempted
to prevent the city from constructing
a municipal water works. various
officers of the present water compan-
les sat at the plaintiffs Gable with At
torneys James II. Torrey. j. T.. Burr
and Patterson and Wilcox. At the
defendants table were Mayor j. w.
Fitzpatrick and city Solicitor II. ID.
stuart. who with T.. c. NewComb and
Cornelius ComeEys compose the de-
fendant's counsel
The hearing took place in the Or
phans' court roors before Judge q. l..
Halsey, of Luxcrnc county. 1t occu-
pied the whole ray and is likely to
consume the remainder of the week.
The plaintiffs in the case are Earl NJ.
Peck. Frank Hollenback. Eli T.. Hem
drick, Andrew Mitche, Alfred i.
Trautwcn. and the Delaware ana
Hudson Railroad company, taxpayers,
and the Crystal Lake Water company
the Fail Brook and Newton Water
company, the LaCkawanna Valley
Water Supply company and the Con-
solidated Water Supply company.
The city of Carbondalc, John W. XII
patrick, mayor, and Nicholas l.. Moon,
city clerk, are named as defendants.
WILL INCREASE TANES.
The plaintiffs other than the water
companies are protesting against the
proposed construction of municipal
water works on the ground that it will
entail an unnecessary and heavy in
| crease in taxes. The water companies
| found their objection on the fact that
| the erection of a municipal water
works would amount to practical con-
| tiScation of their property and fran
| chiscs and would seriously impcril or
destroy the security of their bonds.
The Crystal Lake water company
| was organized in 1867 the Fall Brook
| and Newton company in 1891, and the
| Lackawanna Valley Water company in
| 1891 The Consolidated Water supply
company. organized in 1897, is COM
blnation of the thsne other companies.
| PRIOR to the organization of the CrEs-
tai Lake company, the city of Carbon
| dale had no water supply other than
wells and a small pipe line owned by
the Delaware and Hudson company.
| The Crystal Lake company stock
| holders, IT is set forth, were cnCOur-
aged to incorporate the company and
| invest money in a water plant with
the expectation and encouragement
that the city of CarbOndalc would he
a customer of the company.
In 1865 the city entered into contracts
with the crystal Lake company for a
| supply of water and has been con-
| Stant patron ever since. The COM
pany, from time to time. has extended
its mains, connected them with the
| city buildings and hydrants and eX.
pended large sums of money in so do.
ing, upon inducements of the contracts
made with the city.
| CITY HAD 4 CONTRACT
IN to the time of its acceptance it
1856 of the act of ~, the city of Car.
bondalc, it is alleged, had no authority
To erect a municipal water works, anC
at all events did not acquire any rlgh'
under such acceptance, for the rcasor
that the city was already in COntraC
relation with the Crystal Lake com
pany. Furthermore, it has since re-
newcd other contracts with this anC
other companies and thereby exhausted
any righ, to build d plant of its own
if it ever had such right.
| An ordinance vas passed March l.
1900, providing for a vote by the peO
pie on the question of bonding th'
city for sli5,0OO to construct a watc
works. There were 1870 votes in favo
and 32S against the increasing of tn
city debt.
| The ordinance of June %, 1901, au
Nhorized the issuing of $l45,OO0 WORT
of bonds, the construction of a Wate
works and the laying of "A tax for tn
year 1901 Of two mills on the dollar q
Valua ation--to be followed by othe
taxes regularly thereaftcr-tO pay tn
interest on the bonds and provide
sinking fund for their redemption. Th
bonds We're advertised for sale an
ready to be delivered to a purchaser.
1t is claimed by the plaintiffs tina
the election on the question of inCreas
ing the debt was illegal because tn
ballots were not printed and voted i
form as the law requires, and becaus
: the question voted upon was not tn
question authorized to be submitseC
one being the increase of the City's in
; debtedness to the amount of $l45,OC
7 and the other the increase by tn
amount of $4,000.
4 PROPOSED BOND ISSUE.
The proposed bond issue would Il
illegal, it is further claimed, bcCaus
@ no certified statement of Indebtedness
Q was filed with the clerk of the courts
0 because no adequate provision has bee
, made to establish a sinking fund, an
e because no provision has been mad
for an annual tax equal to eight pc
a cent. Of the issue, with which to re
deem the bonds.
The present Indebtedness of Carbon
Q dale is Si3066.l2, The cost of the pre-
i posed water plant as estimated by III
, city engineer. is sl73, 3,S3l.66. The as
G sessed valuation, for the year 1901,
u $500 ,976. If the existing debt of III
], city should be increased by the est
\ mated cost of the water works,
@ would the plaintiffs claim, exceed I'll
IA seven per cent. limitation impose
by the constitution. The plantih
claim 1t will cost, at least, $3.50 600
s. build an adequate water works.
1t is alleged the construction of II
% | proposed plant along the lines lai
. down by the city engineer is in
o practice 2ybe because the city purpos,
VI TO take a water shed, already apprc
!, pratcd by another company, the Je
|