Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-04-12
CITY COUNCIL
MAKES COUNT
RETURNS OF THE RECENT MU.
,NlCIPAL ELECTION ARE
CANvASSED.

The city council held a special
meeting Monday evening, Mayor
Symmes presiding and all the alder
men being present.
The returns of the recent city elec-
tion were canvassed, and found to
be as announced in the Argus.
The matter of granting to the Ju-
dith Basin Milling company a fran
chise for a railway track to the site
of the new mill, which the freehold
ers voted in favor of April 3, was TAX
en- up, and an ordinance prepared by
City Attorney De Kalb granting the
franchise was granted.
LibiIity Of the City.
City Attorney De Kalb sent in an
opinion in regard to the liability OF
the city for repairs done by parties
without authority from the city upon
water pipes and connexions between
the street main and the place of con-
sumption. In it Mr.. De kalb says:
81 am informed by the city engi-
neer's office that the pipes and con-
nections between the street main and
the consumers premises are the prop
erty of individuals who consume wa
ter, and this opinion is governed ac-
cordingly, assuming that l am cor
rectly Informed.
"The city of Lewistown, like many
other cities in the United States,
where municipal ownership OF public
works is the rule, possesses and ab'
solutely controls the main lines or the
water system of the city. These were
put in place at public expense and IL
tie to the same is in the city OF Lewis
town. The city, the same as any prl'
yate corporation, is in the water sell
ing business, and impliedly says to the
one desiring water from the city
mains: You furnish the CONNECTING
pipe between your premises and the
water main, pay for the installation
and other expenses and water Will be
furnished you for stipulated sum-
While, perhaps, the city OF Lewlstown
operating water works under such
a system, has absolute control OF and
supervision over these pipes so plac
ed by consumers; an while re
moval thereof by the owner, except in
conformity to certain reasonable reg
ulations, would not be allowed by the
city for obvious reasons, the consumer
may have absolute ulle to connec
tions referred to. The connecting
pipes belong to him. He has not
parted with his title to them by con
Meeting up with the water mains ol
the city.
"On the other hand, the city, by
merely permitting him to thus con
meet with the city mains, does not as
sumo the slightest responsibility fol
errors in judgment concerning ma
terials used in connecting pipes and
| the placing of the same. Ii there Is
any defect in the material, or if the
pipes are not properly laid and are
damaged by freezing, the one con
trolling the connections is solely re
sponsible for the conditions existing
True, the city will permit only sucf
workmen to operate and do work IL
connection with it's water system, al
have proven to the officials OF the
city that they are competent pump
ers; yet they are not officials OF the
city and the city assumes no respoh
sibility for their acts. The city is no
liable for errors in judgment IN the
selection of plumbers.
1T is the duty of the city engineer
to supervise the work of placing tne
connections, but he does only sucf
things as safeguard the citys inter
ests. It is merely his duty to looi
after the interests of the city and SCI
that the ordinances regulating th'
placing of pipes have been compiled
with. If he does anything else, at th'
instance of the one having the pipe
placed, the person at whose instance
he acts is chargeable with the conse
quences.
Therefore the connecting pipes be
ing owned by private individuals, sub
ject to things as hereinbefore stat
ed, alterations and repairs made nee
essary for any reason must be mad
and done by the one owning or cor
trolling the line, and any expense
incurred therefor must be wholly az
sumed by such person. hold tina
the city is in no manner liable there
for"
(Contiuuod m ma % f0urN