The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30

The Statutes does however, pro-
vide that any city or village may off
set the taxes due from waller com.
pany against the hydrant rentals.
And if the Washburn Water Works
Company is claiming its rights on
the theory that the village law APP
plies. it would seem that it must
take the burdens with lhe benefits
AID if it has righ4 to collect by
draht rentals uhder the village Inv
the town BOARD should have I'll right
TO offset thetaxes against such ny
draui rental under the village law
Wewould further say that, IN our
opinion it i very doubtful whethr
the water company has d valid fran
chise, and whether be ycan enforce
TIE collection Of their hNdrant rent
/ ais against the town And SO long
as they see fit ito evade he payment
of their just share OF the public tx
| 4
pense, it would be we'll for the town
To hold them to a strict account and
let them prove whether they have a
| valid franchise or not. We are un
able to find any authority for a town
or town board to make contract
with the water company for such
supplies. We know that it is claim
ed that the town board III town
having an uuincorporated village,
i like Washburn. in it. has certain
powers belonging to villages and.
Village boards, but these are re-
stricted to chapter 40 of the Revised
Statutes; and we find nothing in
chapter 40 which authorizes village
or Village board 10 make such con
tracts. They have he right to con-
struct, maintain and own such plants
under said chapter. but we do no.
believe they have the power to enter
into contracts with a water works
corporation.
! For the foregoing reasons we
would advise the town board to re-
| fuse 10 audi or allow the bill,of the
waer company until they pay whaf
/ they owe the town in The way of
taxes: and we feel confd nj that The
town can successfully defeat any ac
ton they may bring to enforce their
hvdrant rem ais. Yours truly,
ToMKINs s. ToMKINs, Per w. M. T
The following resolution was
adonted:
Whereas the town of Washburn
did, in the year 1889, grant franz
chi>e to the Washburn Water Works
Co to place system of waterworks
in the town of Washburn. and by the
terms of SAID franchise the said COM
pany was exempt from taxation for
a period of ten years, thereby saving
the said company in taxation an
| amount to at least SIS, 600, and
Whereas, said period OF ten years
was up in 1899, since which time
said water Company has failed, neg
Ilectrd and refused to pay its taxes
and bear its just share of the bur-
dens of the town, Notwithstanding
that for ten years it escaped taxa
tation entirely. and
Whereas, there is now before this
board blll from the said water com
pany for nearly $500, for hydrant
rental. and
Whereas, said Water Company is
owing and delinqu mt on it's taxes o
said town of Washburn. in much
larger sum than the amount of its
claim against the town for hydrant
! rental, and
Whereas this board has compe-
| tent legal advice that it would bt
| improper and wrong 60 pay said
cain of said water company SO long
as said company refuses and neg
lects to pay its taxes, and be it
! further
Resolved, that the bill of the
Washburn Water Works Company
now before this board be laid over
until such time as the said Company
shall pay its taxes; and be 1T further
Resolved, that in case said taxes
are not paid by the 1st of February,
1902. that some attorneys at law be
employed to collect the same at al
expense to the Town of Washburn
OF not to exceed ten per cent OF the
amount collected.
(Signed) T. A. OSCAR.
There beng no further business