The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-12

Inc OTulIldnCe i"tcS
TO be charged for water on and after
April 1 is now a law. Mayor Moir
signed 1t yesterday afternoon In the
presence of q Tribune man, saying as
he did SO: "Now we're ready for fight
on this question"
There Is hardly any question that
there will be a fight over the legality
of the ordinance and that 1t will be
hotly contested. Lawyers say it will
be finished in the United States SUI
preme court
The ordinance establishes water
rates which may be said to average
about one-half those which are now
charged by the Scranton Gas and Wat
er company. That corporation refused
TO grant the board Of trades request
to reduce it's meter rate to manufact-
urers and, as the ordinance establishes
a meter rate almost as low as the one
requested by the board of trade. 1t Is
to be expected that it will contest the
city's right to fix certain rates.
The ordinance contains a penalty
clause providing that ANY person, firm
or corporation" violating its provisions
shall be liable to a fine of $50 for each
and every offense, to be recovered in
an action of assumpsit before the may
or or any alderman in the city.
THE PROBABLE COURSE.
On and after April If the company
refuses to comply with the provisions
of the ordinance some citizen will go
before the mayor or an alderman,
backed by the city's legal department
and bring such an action of assumpsit.
The company will then undoubtedly
appeal the case to the local courts and
if a decision unfavorable to it's inter-
ests is rendered 1t may be expected to
take the case to the supreme court and
from that tribunal to the United
States supreme court, If necessary.
The city, Mayor Moir says. will carry
the matter as far as the Supreme court
of the state, in case the local court
should decide that a municipality has
not the right to establish uniform
water rates. The company could take
TIE case to the United States Supreme
court, because the fourteenth amend
ment Of the Federal constitution is in
volved.
This provides that no state shall
make or enforce any laws which shall
deprive any person OF life. liberty or
property" 1t will be probably con-
tended by the company, II the case
ever reaches the highest judicial tri-
bunal in the country, that to fix by
law the price to be charged for a COM
modify is to deprive in a certain sense
the person selling that commodity of
their property.
City Solicitor Vosburg and a number
of other leading lawyers OF this city,
including ex-City Solicitor ]. II. Burns,
| hold that municipalities have a right
| to regulate the price of commodities
dealt in by quasi-public corporations
such as water companies, whose inter-
ests are so closely allied with the in
| terests of the public at large. In his
| opinion on the water question, sent tc
| councils over az year ago, Mr.. Vosbure
| quoted United States Supreme court
decision which he believes settles clear.
ly that cities can establish a certain
reasonable price to be charged fol
water.
ORDINANCE RE-INTRODUCED.
The water ordinance, which was In
troduced in councils during the fisca
year of 1S99-1900 by Councilman Mel
vim, was allowed to die peaceful
death, never being reported from com
mittee in common council. This yea
the measure was re-introduced, Will
numerous changes, by Councilman
Costello of the Third ward, who ha
made a vigorous fight for it's passage
The full text of the ordinance jus
signed by the mayor is as follows:
An ordnance limiting the price TO be charge
Tor supplying water 10 the Inhabitants OF III
city Of Scranton, and providing a penalty 10
violation OF the provisions hereof
Section /. Be il ordained by the select an
common councils OF the city OF Scranton, aud
is hereby ordained by the authority OF the sdns
That from and after the first day OF April, 1901
the price TO be charged by any person, firm Q
corporation, supplying water to the inhabitant
OF the city Of Scranton. and using the street
OF the city for that purpose shall not eycee
The following rates per annuin:
| DWELLING HOUSES