The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-24
WATERWORKS CASE
Judge Purnel| Appoints
Superintendent: Balm
Referee.

The city of Fayetteville having won
the suit in the Federal court as to
its right TO purchase the system of
award Of arbitrators made on the
4th of August, 1903, Judge Purneli
yesterday signed II decree which APP
points f.. b. Balm, superintendent CT
the Raleigh Water Company, as ref
cree to ascertain the rents and profits
of the company since the day of the
tender, these 10 be credited on the
purchase price to be paid by the city
for the property, and to take an ac-
count OF what property OF the water
company shall pass to the city under
the agreement.
The case has been strenOusiy fought
from the beginning and the people of
Fayetteville are much elated over the
result. Senator Sinclair, who APP
pears for the town, was sent To Cali
fOrnia TO gather evidence III the case
and has prosecuted ii most ably and
perSistently.
Mr. Balm, who has been appointed
the referee to state the accounts, is
recognized as an expert in matters Of
water systems and business. II IS not
yet known whether or not there viii
be an appeal from the decision of
franchise TO the water company with
the provision that it should have the
right of purchase after q specified
time. At the expiration of the period
named arbitratOrS were appointed to
fix the value of tho plant, which t!iey
did nj the sum of $4,000. the owners
of the system Directing 10 the v.t!ua-
ton and making the defense that the
board Of arbitrators was not legally
constituted.
The decree is as follows:
"rhe court doth declare. that the
agreement i'll the plaintiffs bill men
toned. dated the eth day Of Dccem-
Der, 1882, and the appraiscmenU or
award made under the terms OF said
agreement on the 4th day Of August,
1903, ought to be specifically per-
formed and carried into execution;
and decree the same accordingly. And
it is ordered, that il be referred 10
f. Is. Balm TO take an account of the
property included in the said agree
ment and which must be delivered 10
the plaintiff under the terms Of said
agreement and award, and To take
and state an account of The rents and
profits, or earnings. of the defendant
corporation received by it, or any 9TH
err person by it, or any other person,
since the 18th day of August. 1908,
(When the purchase price was ten
dered by the city) and tax the defend
ant the costs OF this suit.
And il is ordered that what sha.!
be coming 10 plaintiff on account II
said rents and profits be deducted
from the amount OF said purchase
money. or the residue thereof, after
deductinG from said amount t$73.000)
the amount of mortgage bonds out
standing against saiG property, and
the costs and allowances of this suit.
And the L. l.. Balm, master, is
directed 10 ascertain and report, the
amount of such bonds constituting
q lien upon said property and if there
is any other lien upon same.
And il is further ordered that. the
defendant execute and deliver to
plaintiff at its own proper cost and
expense. good and sufficient con-
Veyance of All its plant and property
as provided in said agreement and
declared in said award, such convey
ance to be settled by the court in
case the parties differ as to the terms
of the same; such conveyance not 10
be made until the plaintiff has paid to
defendant or into court for ii, the bal
ance which shall be found due to 1t
in respect of such purchase money
after said deductions, costs, etc. :"