Evening journal., 1902-02-15

ment TO particular fund, unless such
Limitation is found in some subsequent
provision Of uhe statute.
"lt could no have been uhe purpose
of section ~ to prohibit the application
of the ordinary net income of the de-
partment to the objects to
which the proceeds of said
loans were devoted. as this would |
not only prevent the expenditure of
lguoh income for acquiring real estate |
for reservoirs, but would prevent eX- |
lpenditure for laying pipe and other
equipment
uTInder the provision of section IA, |
luntl the amounts necessary for COM
pleting. constructing. operating aud
lrepairlng the water works extending
water pipes. and paying the interest
ON the water bond had been deducted,
there can he no excess of income TO be
paid to the CITY Council Finding mol
Limitation or qualification of the am-
ple power to purchase real estate nee
essary for constructing reservoirs, etc,
conferred upon said board by section
lll and nothing to prevent The payment
II for such real estate out of the income
of The water works in the hands Of the
board. am of the opinion that iudg-
ment should be rendered In favor of
the plaintins for the amount payable
90 them before the execution and de-
b livery of said contract
Chief Justice Dssents
In his dissenting opinion, Chief JUS
tice Lore. after introducing the sub
ieot said:
THE question Is olean-cut, and It's
P solution must be had within the four
o corners of the act of April. 1888. Great
e ing the Board of Water Commission
= ers. which act it was conceded I'm the
e argument on both sides is the source
e and measure OF all the powers of the
e board
l. Section / provides that the board
Q may also acquire and hold lands, real
. estate or personal property necessary
!. for constructing acQueducts, laying
J. pipe. constructing reservoirs. erecting
III buildings, etc.
3, while section II Is maniiestly q
" limitation upon the debt of the city. IL
u. Is also equally a mode of paying fol
~ Ian lands for water works. and tn
- only mode expressed In the act Com
= pactly, then. section ] clothes th
=, Board of Water Commissioners gener
se ally with power to acquire purchase
take and hold lands and real estate 70
ar water works.
n Section 10. For the purpose of de
All lraying an the costs of acquiring rea
al estate for reservoirs. etc., bonds shal
me- issue.
"It will be seen that the power t
pay for the land out pf the income, re
ceipis and rents of the water work
ar is nowhere contained In the expires
'u terms of the statute. but ON the col
eo trary. it is nogatiyed by them.
icy 1T would seem TO be juggling wit
le- words to hold that the power TO bu
land and to pay for e. can be reasol
ID ably extracted or implied from any OF
of these express purposes. They al
un htly grouped together and designate
Dl earlier I'm the section as running e.
a. Densos of the water works.
~ 'It seems improbable that the Legi
'1 lature would vest any such arbitral
and unlimited power in any boarn
,,., commissioners. however excellent IN,
an might be- Moreover. ~ such power
,Id given to the board then section ~
.er the act is entirely unnecessary; as ul
nd der the power the board might buy an
ses collect by water rents all the mon'
I'VE that they might want to build rese
mr. voirs without borrowing at all.
to After the most careful consider
es- ton Of the exceedingly able and G
sed haustive arguments of the counsel
both sides. and a thorough eXamin
il's tion of the statute. have been able
ent reach no other conclusion than th
or. the power to buy this land and p
for it out of the income. rents and ]
all oeints OF the water works is not vest
In I'm the Board of Water Commissions
and that in this case Judgment shot
'en- he entered for bhe defendant for cost
unel I'm General Sessions Court q
osts morning William Watson was order
to- nav his wife SS a month and bo
lver in $500 for the payment Of same.
lea- is a lather and was sued by his W
ION, for nOn-support
ol Robert Mclaughlin. failing to
y ~ swor In the charge of non-support,
~ bail bond was declared forfeited.
'lle The cases OF James II. Benson
y ~ Joseph Russell charged with mons
, port. were continued until Saturday
n foI