The Dawson news. (Dawson, Ga.) 1889-current, 1903-04-15
Another chapter has been written il

Another chapter has Oeen written III
the celebrated and long drawn out
lawsuit between the city of Dawson
and the Dawson Waterworks Co.
Attorney w. A. Wimbush of Allan
ia, who, as special master appointed
by Judge Newman of the federal court
of this district, took evidence IL the
case in Dawson a year ago, has at last
made his report, copies of which have
been received in Dawson by the local
counsel engaged in the case.
In his report Mr.. Wimbush holds
that the contract entered into between
the city and waterworks company is
valid, and declares that the city is liza
BILE for the entire amount OF water
rental claimed by the company with
interest at 7 per cent per annum. 1t
is held by him, however, that the wa
terworks company is liable to the city
for taxes GA its plant, which has been
assessed by the city for several years
at $40, 600.
In regard to the city's plea for ineHi-
cient service auu failure of the water
works company to fulfill its contract
he says the city cannot, under the
facts of the case, forfeit the rights or
franchise of the company for inefficient
service or failure TO supply water OF
higher quality and purity; nor can 1t
plead such facts in bar of the equita'
BILE relief sought.
1t is recommended in TIE report that
a decree be granted Ell Dining the city
from constructing auOtuer water sys'
tenn for either fire protection or dOmes-
tic use, and from reVOking or attempt
ing to revoke the rights and franchises
granted to the Dawson WaterwOrks
Company.
Mr.. Wimbish. in summing up his
findings concludes the report to
Judge Newman as follows:
81 recommend that a decree be en-
tered according TO the following re-
lief
81. That the contract entered into
between the city and the water COM
pany, which contract constitutes the
subject of this suit, be declared to be
valid, binding and enforceable.
-. That an injunction be granted
the complainant prohibiting the city
from negotiating, selling or disposing
of the bonds authorized to be used III
construction of a system of waJerworks
ia the city of Dawson for the purpose
of supplying either the city or It's IN
habitants with water for fire protes-
lion or domestic use.
SO. That the city be enjoined from
revoking or attempting to revoke the
rights aud franchises granted TO the
water company under the contract
during the term of twenty years, with
in whiC h it contracted to take and pay
for water from the water company.
~ That the city shall pay TO the
complainant the water rental due and
unpaid from January l, 1896, with In
terest on each instaIlment thereof as
the same matured at the legal rate OF
7per cent per annum after maturity
IS. That an accounting be had be-
tween the parties to this suit in order
that it NAV be ascertained what, If
anything, is due by the city for water
by the water company under the
agreement made in communication OF
city taxes, and that the value OF water
so supplied should be allowed as
credit against the demand Of the CITY
for the amount DE by the water com
pauy as advalOrem taxes on It's pro p
ertv; and that until such an account
ing be had and the city shall paw over
the amount found to be due and unpaid
by it on account OF water rentals the
temporary Injunction heretofore grant
ed against the city from proceeding
with the collection of the tax eXecu-
tion issued by it be continued in force,
and that the city be further enjoined
from issuing or seeking to collect any
execution for advalorem taxes againsI
the property of the water company
until such accounting aud settlement
$50 That the city and the water
company and each of them be required