The sun., 1901-10-08
LEGAL OPINION
FAVORS COUNCIL
Decision is That the Department Has Not the
Right to Use Its Surplus Monies to Buy
Land for Reservoirs.

ers Of said Board of Water Commission
crs, and contains general power to ac-
quire land for the general purposes of the
board.
Section seven contains the following:
"The said board may acquire, by CON
tract or otherwise, as hereinafter provid
ed, all such real estate as may he needed
for the construction Of such extended
water works" The language, it will be
noticed, says: "As hereinafter prodided."
The only section following section seven
that in any way makes provision for the
purchase OF real estate for reservoirs,
il contained in section twelve of said
act. which is as follows:
"Section ~. For the purpose of de-
fraying all the cost of acquiring real es-
tate for reservoirs contemplated
| by this act" etc, "the city of Whining
ron. on the requisition OF said Board of
Water Commissioners shall issue bnids."
| &c.
The section then goes on to say that
bonds may be issued for the purposes
of said section not exceeding the sum
nf $4,000. and said act also alludes TO
the fact that the General Assembly had
already made provision for the purchase
Of water rights, and authorized bonds 10
|
exceed 100000.
IT will thus be seen that section IL
makes provision. in express language
FOR the purchase Of real estate for i
reservoirs, and for paying all the cost
trerefor; and this section. when read 4
connection with section seven of the
act, contemplates that the same, in con-
nection with the plan therefor, shall 'ra
done with all due dispatch.
Section IA contains the following: 1.-The
whole net income rents and receipts of
said water works. in excess of what may
IL necessary for completing. constructing,
ioperating and repairing the water works.
Cor extending the water pipes. and fuf
interest on water bonds shall be paid b.
said board at the end of its fiscal year
lto the Council of the city of Wilmingtot,
Ito he by said Council applied" &c.
The section then makes provision first.
for the payment of any water bon1s
failing due the year following. out of said
I.excess:" and second for the payment of
any other bonds of said city falling dla
I'm apy ono year and not provided for
by the sinking fund.
II was thus the intent of the Legisla-
lture that the teXcess" above named
should he paid to the Council for the re-
ldemption of said bonds.
The words of section IA are: "Compiet-
ing. constructing. operating and repai'
ing the said water works"
There is no express provision therein
stating that any of said "eScess' moniesH
therein named shall be applied to the
acquisition or purchase of real estate
for reservoirs, and we cannot ind any
implied authority in said section IA Ter
the spendng of said ''eXcess' monies fo'
the purchase of real estate for reservoirs,
because Of the express provision there
for contained in section y.
There is an express authority in sec
tion 12 for the purchase of real estat:'
for reservoirs. the language being, "fo'
, the purpose of defrayins all the cost of
acquiring real estate for reservoirs
/. contemplated by this act,"-and
therefore, for this purpose we must look
10 section 12.--for it is n well established
principle of law that the expression OF
! one thing excludes everything else.
E We do not think that we can look to
:. section one Of said act for the above
9 mower, because section one is general
{ in its language. whereas section II Is
; snecfic in its language. And also he
= cnuse section provides that such rea
/ estate rs may he purchased for this NM
o nose shall he "as hereinafter provided
@ prd tho only section Of said net, wh'"i
4 .loes hereinafter provide therefore, anf
y which is subsequent thereto is section !.
of Snl act.
II wn. therefore answer the third cues
'icr in the negative.
! The above comprises hr'"f stat"
,rcnt Of orr reasons for tho ohn~" on'h
@ ;on hut we are froc to snv that tho c''"S
h tian is ono of doubt and IN onr tnh~
@ r,ort would justify the m"ttor hnlN.
y tnkon irto court for n decision nnHn !
"nen stated.
>