Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-12-24
NJ OST PAY
. FOR WATER
Y. M. Jack Wins Suit in Supreme
Court.
AN IMPORTANT DECISION
1t Has Cost Crangeville Much
Money and Trouble.
AN IMPORTANT DECISION

The long disputed question as to
whether or not the town of Grange
vile should pay for water for city
purposes was decided last Satur-
day by the supreme court when
they handed down an opinion
affirming Judge Steel's decision, in
which he gave W. M. Jack judg-
ment for s249.99 against the city
of Grangeville. The case has been I
one of more than usual interest
throughdut the state, but here it
has been the issue at city elections,
the creator of factions, and the
cause of more i'll feeling among our
citizens than any other question
that has come before the town
since its organization.
Mr.. Jack brought suit against
the village of Grangeviile to re-
cover the sum of 1899, claimed
to be due him for fire hydrants and
the use of water for fire purposes,
flushing sewers, sprinkling streets
and other municipal purposes for
the months OF June, July and Aug
ust, 1902. The pleadings consist
ed of the complaint, cross com
plaint and answer thereto. Upon
the issue thus made the cause was
tried before Judge Steele without a
jury and resulted in a judgment in
favor of Jack for the sum claimed.
Prior to September 7, 1898, the
village of Grangeville was without
any system of water works and
had no fire protection aud no sup
ply of pure, fresh water for its in
habitants.
On this date the village trustees
adopted an ordinance authorizing
Fl. Orchard and w. r. Graham to
construct and operate system of
waterworks in the village of
Grangeville and for that purpose
to occupy and use so much of the
streets, lanes and alleys of the
village as might be necessary and
to supply water to the village and
its inhabitants and to collect rates
therefor. The ordinance fixed a
maximum water rate of 81 per
month for families of from one to
six with 25 cents per month for
each additional member. Orchard
and Graham and their successors
and assigns were not granted an
exclusive permit under the fran
chise and it was further provided
that the village might have the
privilege of purchasing the water
works for a specified amount a,
the expiration of 10 years.
By the terms of subsequent or
dinance the village agreed to fur
nish fire hydrants at its own cost
and to pay Orchard and Graham
sS3.33 per month for the use OF
water for not to exceed 20 by.
drants and So per month for each
additional hydrant. This ordin-
ance also provided that the village
should have unlimited use of water
for the extinguishments.of fires, the
flushing of sewers and other mum
cipal purposes.
On September s, 1898, the vii.
lage entered into a formal con
tract with Orchard and Graham in
conformity with the provisions OF
the ordinances mentioned. 1t was
specified therein that the contract
should be voidable by the village
in event of substantial failure or
the part of Orchard and Graham tc
live up to its provisions.
Orchard and Graham completed
the water system May IS, 1899
The village made its first monthly
payment of SS3.S3 on June 3
1899, and continued making
monthly payments of like amounts
until June |, 1902.
During this time W. M. Jack
became the assignee of Orchard
and Graham. On October 10
1899. the village of Grangevillt
was incorporated under the pro
visions of the Revised Statutes o
1877, though the claim was un
successfully contended that the in
corporation was made under th'
act approved March 4, 1898.
In the month of April, 1902, new
officers were elected for the villag'
and the new board of trustees re
fused to pay Mr.. Jack under th'
terms of the contract mentioned
or at all, for the use of water ant
insisted that the village was en-
titled to the water free of charg
under the provisions of section
271O to 27l3, inclusive, of the re
vised Statutes of 1877. The Law
/: of March 4, 1898, was attacked a
unconstitutional in that it was no
passed as provided by Section 10 o
Article 3 of the constitution. III