The Wilmington daily Republican., 1901-10-08
City Conucll
To the Council Of the City of Whining

ers inc power 10 purchase lana Tor reser
| voirs2
| 2.-Has the Board of Water Commiss
toner's tho power to purchase land for res
(! ervsirs outside the limits Of the city,
| l3.-Has the Board Of Water Commits
sioners the power to purchase lendfor re,
ervoirs with the excess Of monies derived
from water rents. after paying the inter
est on the watsr.bonds and the rannin 9
expenses of said water works.
We will consider the questions In their
order, and In reply to question one. we
submit the following:
The act Of the Legislature creating tho
Board Of Water Commissioners. give. tho
Board the express power to purchase
lands for reservoirs, and on this point
there can b. no doubt whatever. We
therefore, answer the question In the az
flrmntive.
In reply to tho second question, we sub
init tho following:
Section Of the act creating tho Board
OF Water Commissioners. gives the board
the express power to take water at any
point OIL the Brandywins River, or to
take any other wholesome water, and con
vey tho same into and throughout tho
city OF Wilmington.
This clearly gives the right to take
water outside the city limits
There IL we'll defined principle Of law
which l., that there Is . grant OF sxpress
powerit carries with 1t tho i'm piled bower
TO make COED and effective the power ex
pressly granted, Under this principle Of
law. as The express power is given to take
water OH side the city limits 1t therefore,
necessarily carries with 1t the implied
power to purchase any lands outside tho
city necessary to DO used for the purpose
of storing said water, and of carrying said
wA:er Into and through said city,.
We. therefore, answer the question in
the affirmative,
In reply to the third question, we sub
iuit the following:
The sections OF the act creating tho
Board of Water Commissioners which
bear In any way upon this question, are
S'S~'N" ~'sos sSNohi e"ViVo NuA
Section one treats Of the general powers
Of said Board Of Water Commi issionors,
and contains general power 10 acquire
land for tho general purposes Of tho board
Section seven contains tho following:
The said board may acquire by contract
or otherwise, as hereinaftei provided, all
such real estate as may be needed for the
cons ruction OF such extended water
works. The language, 1t will bs motto.
ed. says "As herein after provided"
Tho only section following section seven
that III any way makes provision for the
purch SO Of real estate Tor reservoirs, Is
contained in section twelve of said act,
which is as fol nws:
Section II. For the purpose of defray-
ing all the cost of acquiring real estate
for reservoirs contemplated by this net
elc, "the city of Wilningt9p, on the re-
QUESTION Of said Bonrd of Water Commits
sioucrs, shall issue bonds" &c.
Tho section then goes on to say that
bonds may Do issue d for tho purposes of
said section. not exceeding The sum Of Sl2o
zoo, 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 to bs issucl
therefore, lor sum not to exceed t60 000
l. will TINS he seen that section l2
makes provision. In express language for
t.e purchase Of real estate for reservoirs,
AMI for paying all the cost therefore; and
this section. when read In connection
with section seven for the act. contem-
plates that tho same In connection with
the plan therefore. shall be done with all
due dispatch.
Sec lon IA contains the following: The
whole not trcome, rents and receipts Of
said water works. in excoss Of what NAV
be necessary for completing, construct.
Ing, operating, and repairing tie water
works. for extending the waer pipes.
and for in teres on wator bonds sshall be |
paid by said board as the end of IL. iis-
WilmiEgtcn to bo by said Council appli-
ed" Sc.
Tho section then makes provision first
for the payment vi any water bonds fall
ing due the year following. out OF said
'txeess" aud second for tho pay ment OF
any other bonds Of said city falling due
in one year anI not provided for by the
sinking fund.
IL was thus the intent Of the Legislature
that the 'excess" above named should be
paid to the Council for the rsdsmp ptiou of
said bends.
The words OF sec ion II are: "Comp'et
Ing. constructing, operating. and repair.
ing the said water works"
There is no e1pre $ provision therein
:tating that any Of said 'exces," monIess
herein named shall be applied to the
acquisition or purchase of real esta,e for
.eservoirs and we cannot find any implied
au hOrity in said section II for thu spend.
ng of said excess" monies for the pur-
chase of real es'r for reservoirs. because
II the express provision therefor con tain
ID in section II.
There Is an express authority iu section
e for the pnrcha Of roal estate for res.
Drvoirs, the language being "for the pur
pose OF dcfrnying all the cost Of real es-
ate for reservoirs contemplated by this
ct, and therefore. for this purpose we
must look to section 12-for IL Is q we'll
"A abiished principle of law that the ex
'ression Of ono thing excludes everything
Use.
We do not think that VIC can look to
81 a D.. |
r, because section one Is general in its
Auguage, whsrea, section IL Is specific
Il its language. And also because sec-