Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-10-10

ms clearly gives tne right 10 take water
outside the city limits.
There is a well defined principle of law,
which is, that where there is grant of ex-
press power 1t carries with it the implied
power to make good ana effective the power
expressly granted. Under this principle of
law. az the express power is given to tike
water outside the city limits, 1t therefore
necessarily carries with ,it the implied power
TO purchase any lands outside of the city
necessary to be used for the purpose of stor-
ing said water, and of carrying said water
Unto and through said CITY,.
We, therefore, answer the question In the
affirmative.
In reply to the third question we submit
the fplIowing:
of Water Commissioners which bear in any
way upon this question are sections /, z, II
and ID.
Section treats of the general powers of
said Board of Water Commissioners, and
contains general powers to acquire land for
the general purposes uf the board.
Section contains the following; THE
said board may acquire, b. contract or
otherwise as hereinafter provided, all such
real estate as may be needed for the con-
struction of such extended water works. p"
The language, il will be nuticed, says: ''As
hereinafter provided. The only section
following section that In any way mukes
pipNiotuu lhc puiCuuSt vi lcul tStdto iui
reservoirs is contained Ia section IL of said
act, which is as follows: s4t
Section IL, For the purpoFe of defraying
Hil the cost of acquiring real e.ltaie for
reservoirs contemplated by this
act, &c., the city OF Wilmington on the
requisition of said Board OF Water Com
missloners shall issue bonds" &c.
The section then goes On to say that bonds
may be issued for the purposes of said Sec
ton. not exceeding the sum OF $1,000 and
snid act also alludes to The fact that the
General Assembly had alIeady nude pro-
vision for the purchase of water rights, and
authorized bonds to be issued therefor, for a
SUR not to exceed S60.0C0
1t will thus be seen that section IL makes
provision in express Language, for the pur-
chaseiof rahl estate for all reservoirs, and
paying all the cost therefor; and this section,
when read in connection with section of
the aEiu act contemplates that the same, and
connection with the plan therefor, shall be
done with all due dispatch.
Sectipn IA contains the following: "The
whole net income, rents and receipts of said
water works, In excess of what may be
necessary tor completing, constructing,
opnrating and repairing the water works,
for extending the water pipes, and for in
terest on water bonds shall be paid by said
hoard at the end OF its fiscal year to the
Council of the city of Wilmington, to be by
said Council applied" &c.
pha section then makes provision, first,
for the payment OF any water bonds falling
due the year following, out of said 'eS-
cess;' and, second, for the payment of any
other bonds of said city falling due in any
one year and not provided for by the sink
ing fund.
It was thus the intent of the Legislature
thatt the excess" above named should be
paid to the Council for the redemption of
said bonds.
The words OF section IA are: Completing.
constructing, operating and repairing the
said water works." st
There is no express provision therein stat
ing that any ot said excess" moneys
therein naned shall be applied to the ac-
quisition or purchase of real estate for reser-
yoirs, and we cannot find any Implied
authority IN said section "A for the spending
oil said '.exeess" moneys for the purchase of
real estats for le;ervoirs, because of the eK-
press provision therefor, contained in Sec
tiou ~.
There is an express authority in section 10
for the purchase OF real estate for reservoirs,
the language being, for the purpose OF de-
fraying all the cost OF acquiring real estate
for reservoirs contemplated by this
act''-aiid therefore, for this purpose we
must look 10 section 12-ior il is a well
established principle of law that the ex-
preston of one thing excludes everything
e'se.
Ne do not think that we can look to sec-
tion OF said act for the above power, be.
| cause section is general in its language,
whereas, section u is specific in its language.
And also because section provides that
such real estate rs may be purchased for this
| purpose shall be ''ss hereinafter provided, -
and the Only se;tion of said act, which does
| hereinafter provide therefore, and which is
subsequent thereto, is section 10 of said act.
We, therefore answer the third question in
the negative.
II
our reasons tor the above opinion, but we
are free to say that the question is one OF
doubt and in our Judgment would justify
the matter being taken into court for a de-
cision upon case stated.
David j. Reinhardt,
| City Solicitor,
| Robert @ 1arman,
II. I'll, Ward,