The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-12-15

Property.
\ special meeting of the board of
for the purpose of considering the
WaterWorks question and taking some
action Oh IL communication sent over
10y The board of aldermen. All mem
bers Of the board were present, Messrs.
II. &. Mcqueen, chairman; G. w. Yates,
Jesse Wilder, r. II. Brady and s. ?.
McNair.
The communication from the alder
men was to the effect that they had
agreed to purchase what is Known as
the Greenfield mill pond for the sum
of $3.50 provided the title is good,
property ear be located according to
tn elines given in the deed held by Mr..
w. III. burlington, the present owner,
and furthermore provided the city has
the legal right to purchase the proper
ey. Appended to the communication
WAS the report made by Alderman E.
+. Johnson, of the water works COM
mittee, at the special meeting OF the
board of aldermen several nights C.
Hon. John ID. Bellamy appeared be-
fore the board on behalf of himself and
other property owners having land ad-
jacent TO the Greenfield pond. He
said they would object to the property
being used for a pond TO supply the
city with water as it would necessitate
making a large reservoir and stopping
the flow Of much Of the water which
would meal that the small water
courses traversing the surrounding
property would be checked to an ex-
tent in their regular course thus caus-
ing the lands to be swampy. He stat
ed that the city in his opinion hal no
legal right to purchase property out
side of the city limits.
City Attorney Marsden Bellamy, Jr.,
was called on for his opinion in re-
gard to the legality of purchasing
property II 0 within the limits of the
city. He gave it as his opinion that
the city could not legally make the
pucilase.
4 communication was read from
the Clarendon Waterworks COMPANY
to the effect that they had closed a
contract for II filtration plant having
a capacity OF 10000 gallons for every
24 hours and after il installation
that the city water would be perfectly
clear. The company making the con-
tract to put in the fi'tiatipn plant
guarantees that water fc"ccd through
the same will be clea:.
Mr.. Wilder made Il motion to pur-
chase the plant, provided the title is
good and the city has the legal right to
do so. This motion was carried by a.
vote of four to one, Messrs. Wilder,
McNair, Yates and Brady voting for
and Mr.. II. c. Mcqueen against it.
Mr.. Mcqueen asked the clerk to record
him as voting in the negative.
The option on the Greenfield mill
property expires Saturday and the city
will have to close the contract before,
that time. This puts the city in a
somewhat peculiar position as the city
attorney has given it as his opinion
that the city has no right to own land
outside of the city limits. The only
way in which this question can be de-
cided in the courts. That is, if any
citizen endeavOrs to prevent the
purchase by an injunction. 1t is un-
derstOod that if the city attempts tol
purchase the property that an injunc-|
ton will be secured to prevent the pur
chase. Should this be done, the matterl
would have to take its course to thet
supreme court for an opinion on theI
right of the city to purchase the prop
erty. If the court should hold that the
city has no such power, then there
would be no way of securing the prop
erty before the next session of the leg
islature which will be 1907 when an
act could be passed expressly stating
that the city of Wilmington shall have
the right TO purchase. own and sell real
outside of the city limits. In
the next few days it will be knownI
what course the city will pursue.
If the Greenfield mill property Isl
purchased there is another question
about which there is a difference Of
opinion and that is in regard to the
right Of the city to issue bonds for in
a complete waterworks sys-
tenn without putting the matter to al
vote of the people. City Attorney
hoiidity SIseS II as Ills opiAloH Iidt du
election Is not necessary. It is thought
by some that should the bonds be isl
sued without a vote of the people that
It would be difficult to sell them.
Major W. F. Robertson, superinten-l
dent of the Clarendon Water Works
was present but made no,
The board met specially for consid-l
ering the water works question and