Cañon City record., 1901-08-29
SEWER FIGHT ENDED.
Judge Bailey Settles the Disputed
Points In Favor of the Defendants

Ihe sewer question winch mas Deel
before the district court for some
time, and over which a bitter fight
has been waged, mas been settled by
Judge NJ. S. Bailey. The decision
was handed down last Saturday, and
as it is of great interest to the read.
ers of the RECORD, we give the de.
cision in full. 1t reads:
After full and careful consider
alton of the issues herein Joined and
the facts adduced at the trial in sup
port of the conflicting contentious of
the respective parties, ! am unable to
see how, under the testimony offered,
the plaintiff can recover.
The company relies for its right of
judgment against the defendant,
among other things, upon the agree
ment offered in evidence between the
Colorado state penitentiary commits
sioners and Lyman Robson, and upon
an ordinance of the town of Canon
City passed in December, A. ID. 1886,
extending to said Robson, his asso-
ciates and assigns, certain rights and
in reference to the con-
and maintenance of a sys-
tenn of sewers therein The legal
title to the main, original sewer is al
ready settled as being in the state.
The agreement above referred to
with the Colorado state penitentiary
gives Robson the
right to connect any branch sewer or
sewers or sewer pipes which he might
thereafter lay and operate, for the
use of himself or of the inhabitants
of said town, with said main sewer.
The same right would pass, upon
proper conveyance, to Robison's sue
cessors or assigns. The said town
by section one thereof,
provides as follows:
Sec. THAT in consideration of tie
construction and maintenance of
system of sewers in the town of Can
on City for the use Uf the inhabitants
thereof, subject to all of the restric-
tions and conditions set forth in this
ordinance, there is hereby granted to
Lyman Robson, and to his associates,
successors and assigns, the exclusive
right and privilege to construct,
operate and maintain a system of
sewers in the town of Canon City for
the use of the Inhabitants thereof,
and to collect and receive from all
persons who shall use the same rea-
sonable compensation for connecting
Herewith and for use thereof, to-
gether with sufficient right of way
therefor through and across all of the
alleys in said town and across the
streets of said town where such
sewers cannot practically be con-
structed through alleys, through the
streets of said town.
l. is beyond controversy, from the
context of this ordinance and of said
agreement, that the construction of a
system of sewers by Robson and his
associates or assigns was contem-
plated and intended for connection
with the main sewer aforesaid, by
way of branches, laterals and the like,
for the use of the inhabitants of said
town. The main sewer belongs to
the state. The plaintiff certainly
cannot charge for its use. A condi-
tion precedent to the right of recov-
cry by the plaintiff in this case at all,
or to its right to charge for the use
of a sewer or sewer connections, and
even its right to connect with said
main sewer, was and is the construc-
tion and maintenance by it of sys-
tenn of branch or lateral sewers for
connection Herewith. The testimony
fails to show that the plaintiff com
any has ever done any thing by way