The Palatka news and advertiser. [volume] (Palatka, Fla.) 1902-1905, 1902-02-27
The Council VS.. The Water Co.
Editor pAIATKA NEWS.

Editor PALATKA NEWS:
There appears to be a misappre-
hension on the part of a portion oil
the people of the town as to the atti-
tude of the town council on the ques-
ton of the water contract.
Statements are made that its &C
ton in disseminating payments on
the contract was intended and had
the effect to repudiate any and all
obligations in connection with the
subject and the members of the coun-
Gil who favored the proceeding are
severely criticised for such action.
An examination of the council rec
ord will disclose facts showing that
such statements are without fOunda-
ton.
The council refused to appropriate
funds on the existing contract.
The question of its legality was
before the council for consideration
at its regular meeting in Jan. 1901
and the matter was referred to q
committee for investigation. The
committee reported that in it's opin-
ion the contract was invalid and it
recommended that no further funds
be appropriated under it for that rea-
son. The question was then submit
ted to the city attorney of Jackson
vile for his legal opinion thereon.
He reported that the law had not
been complied with in the framing
of the contract and it was therefore
invalid and he recommended the
framing of a new one to avoid COM
plications that were likely to arise
from appropriating funds on an in
valid contract.
Councilman are required by their
oath when installed in office to per-
form the duties imposed upon them
fairly and faithfully and to transact
the business committed to their
charge as the law directs.
The law prescribes the manner in
which contracts with municipalities
shall be made and it declares that
appropriations made upon contract
not framed according to its provis-
ions are unauthorized and therefore
unlawful. Unauthorized appropria-
tions have the effect of demoralizing
the finances of the town. Taxpayers
are placed in position where they
may refuse the payment of taxes
and enjoin the tax collector from
making sales of land to satisfy them.
These are the reasons that induced
three members of the council-a
majority-to refuse to appropriate
any further funds under the contract,
but by such action it did not repudi-
ate all obligations in connection with
the subject. If the Water Co. is not
performing service and receiving
compensation therefor under a con-
tract with the town at the present
time it is not the fault of any men,
Der of the council. The council has
been ready and willing at all times
to enter Into a new contract. On two
different occasions committees were
appointed by the president of the
council to confer with the Water Co.
with the view of entering into new
eontract-one framed in compliance
with the requirements of law. Both
committees reported that the Water
Comany would entertain no PROPOSE
sition relative to new contract, but
insisted on an enforcement of the old
one.
And now it is understood that the
question is to become the issue at
the coming election and efforts are
to be made to elect only such persons
on the council as favor the enforce
ment of the old contract. 1t would
seem the part of wisdom that the of
fees should be conferred on per-
sons having particular fitness for the
duties and a regard for the general
interests of the people rather than
the particular interests of individ-
uals, L, A, HURLRuT,