Omaha daily bee., 1905-07-11
METER RATES UNDER FIRE
Question Of BxcessivenssS Pivot on Which
Injunction Suit Hinges.
CASE ARGUED IN THE FEDERAL COURT
Water Company Claims Board Would
Reduce Rates to Private Con-
sumers So as to Re-
move All PROFIT.

The hearing upon the motion for tenn
porary Injunction to restrain the Omaha
Water board from enforcing its order No. /,
relative to reducing the meter rates to con-
sumers, to % cents per thousand gallons,
was begun before Judge Munger in the
United States circuit court Monday morn
ing.
r. ]. Hail, attorney for the Omaha Water
company, objected to the introduction of
two new affidavits by City Engineer Rose
water and A. G. Koening secretary of the
Water board, on the ground that they were
in rebuttal to af1davits filed by the Water
company Saturday and were therefore not
admissible in evidence.
John l.. Webster, attorney for the Water
board. maintained that the two affidavits
we're not in rebuttal, but that they con-
tanned new matter and were explanatory
of previous affldavits.
Judge Munger held that II 1t developed
that the afidavits were in the form of re-
buttal affidavits they could not be admitted,
but II it should develop that they contained
new matter they would be admissible, but
that he would not pass upon their admissa-
bility at this time.
Reading Original Motion.
| The entire morning was taken up with
reading the original motion for the in
junction and the affidavits filed by the
| Water board and water company. Those
of the water company sought to show
! that the rate to mete r consumers of water
| as contemplated by order No. / of the
Water boards cents per 1000 gallons
was not sufficient to meet the expenses in
cident to delivering water by meters. This
was the tenor OF the afidavits filed by A
B. Hunt. e. NJ. Fairfield, F. E. Under
wood, H. L. Underwood and other officers
/ and employees of the Omaha Water COM
| pany.
The afidavits filed by the Water board
| were of a character to show that the rate
proposed to be charged by order No.
was not excessive and that while the water
company was charging a rate of IS cents
per 1000 gallons to private Omaha conSum-
ers, it was furnishing water to the South
| Omaha stock yards at a rate of ~ cents
per 1000 gallons. Comparisons also were
shown of rates charged by water companies
in other Cities which ran from three fourths
of a cent to Is cents per 1000 gallons, the
approximate average charge being about Is
cents per 1909 gallons in cities of equal
population to Omaha.
! Practically all day Monday, including the
| afternoon, was given over to the reading
| of affdavits in the case of the Omaha
Water company against the water board
and the city of Omaha in the United States
circuit court.
Munger RePrOves witness.
During the tedious reading of the many
affidavits Judge Munger took occasion TO
say In reference to the affidavit of Frank
II. Marshall, chief engineer of the Omaha
Water company, that 1t was more the ma
ture of an argument than a deposition of
fact.
THE attorneys will argue this casce, and
not the witnesses" said Judge Munger.
In his affidavit Mr.. Marshall states that
| the plant OF the Omaha Water company is
worth S,OO0OOO and that It could not be
reproduced for even a greater sum. He
dwelt somewhat upon the going value of
the plant and insisted that its value APP
preciated rather than deprecated.
| The water board submitted another af-
fidavit during the afternoon bearing upon
| and explaining certain details not set forth
with sufficient clearness in another af-
| hdavit.
The formal argument on the motion for
the injunction as prayed for by the water
company will begin this morning at $50
| o'clock.