The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1901-03-07
Court Decides All Consumers En-.
titled to Meter Rates.
CLEAR AND EXHAUSTIVE DECISION.
Language Of Ordinance Robbed of IFS
Ambiguity.
cOPIOuS EXTRACTS FROM DOCUMENT.
The Water Works Company, Hereafter Will
Not Be Able 10 Change Minimum
Rate As TO Franchise.

A decision has been handed down bv
Judge Kirwan in what is popularity
known as the water works case. The
point at issue was whether under the
ordinance the Water Works company
had right to make as a minimum
charge to private consumers s. a yeaT
or whether the private consumer using
metered water had right to demand
he be charged only for the amount used.
The decision is against the Water Works
company,
The law firm of Burke & Schmitz ap-
|peared for William Wits the relator
and Nash q Nash appeared for the Wat
|er Works company, the respondent.
Portion Of the judges conclusions fol
| low;
The real question in the case is,
whether the allegations of the petition
to the effect that the ordinance gave re
|lator WIN. Wits the right to put III a
|neter and to pay only for water actual
ly used, at the rate stated in the peti-
|tion, is or is not correct That allega-
ton is denied by the return. That is
the real issue to be tried. And | think
BIT is clearly presented by the pleadings
|Ps they stand, though there be no re
ply. =
Counsel for relator and counsel for re
Epondent both say that the charter Of
the ordinance provision that the low
Est annual rates in any case shall be five
'ollars'-has no reference to rates for
|metered water. They are agreed on
Ehat. If that construction of the ordin-
llnce be the true ne-and counsel on
bach side says that it is then there does
bot appear to me to be left any alnbigu-
| ty in the language of the ordinance
with reference to the rates for metered
water. If those rates are not at all af-
fe ted by the clause that the lowest an
|hual rate in any case shall be five dol
| lars, then so far as rates for metered
water are involved, that they are to be
|ascertained just as if the clause last
|above quoted We're not found in the or
Finance And if it were not found
| There should be unable to discover any
ambiguity or uncertainty in the langu-
|age Of the ordinance on the question of
he rates chargeahle for metered water.
The Judge then continues The
ambiguity which does appear to me to
|eXist on the point arises from the two
conflicting provisions in section IL one
liking the lowest annual rate in any
base at 50 and the other giving to all
persons the privilege to use meters and
70 pay only for water actually used, at
b specified rate per gallon. If the latter
provision is the only one which relates
70 metered water as counsel for the com
bany contends that it is; or, if the form
Pr provision relates to unmetered water
bnly, as counsel on both sides agree to
pc the proper construction, then, in eth
Pr such case, there does not appear to
|ne to be left any ambiguity on the
point in controversy. 1t seems, then,
tlear and certain that the rates speci-
fed for metered water in the ordinance
Ppply to every consumer, whether the
water be taken in his residence or in his
|nanufactury
The judge then deducts as follows:
And think that is the construction
which should be given TO this ordinance,
in any event, and, even, though there is
pm ambiguity or IA conflict i'll its provi-
Bions as above suggested
Further along the Judge cites the Ian
guage of the ordinance VIAL parties
have the privilege of furnishing water
meter, from which he concludes that
the language is certainly broad enough
70 include owners of private residences, "
nor are they excluded by either the
letter or the spirit Of the words quoted,
nor that they have not, under the ordin-
Rnce, the same right as the manufactur-
Frs or any other consumers have to put
in meters, and to pay charter rates
only.
On the point of the scope of fran
chise and the power by which it may be
granted and remedies for violations the
court says: Il do not deem it neces
sary to say more on these points than
that in such Il case as this. think man
damus is proper proceeding to obtain
relief sought by relator.