Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-12-21
NO. 81
rhe vInaae char.er Amendment.

The Brattleboro water works contro-
versy has been settled, SO far as the pre-
liminary legislation Is concerned by the
enactment of village charter amendments
which authorize the village to buy or
build, own and operate its water system
at a total cost not to exceed $500, OO0--with
this proviso: That the act shall be Of
no force or effect unless the village shall
within a year buy or offer to buy the
Crowell water systems for the sum Of
s26O,OOo II Mr.. Crowell refuses to sell at
this price the village may then build an
independent system, but otherwise not.
The Joint committe on municipal cor
porations reported the bill for the charter
amendments substantially az It was in
troduced by Mr. Gibson without naming
any price or making any requirement for
the purchase of the crowell systems, and
without any of the amendments which
had been asked for in Mr.. Crowell's inter-
est. The bill had, however. been re-
drawn in several particulars to make 1t
comply with supreme court decisions in
regard to taking water rights. and to
meet other legal requirements. The sec
ton legalizing the action of the village
meeting of January last and continuing
the water board in Office had been elm
mated, The bill, as thus amended was
brought up in the House early last Fri
day afternoon. No contest was made
and the bill passed without opposition,
its opponents taking their fight against
1t into the Senate.
Between Friday night and Tuesday noon
a lively contest was waged both for and
against the bill as passed by the House.
Attorneys for both sides were active.
Several members of the water board were
in attendance, and there was a lively in
terchange of letters, kilograms, and tele-
phone messages between the state house
and Brattleboro. Members of the water
board insisted that no price should be
named and that no restriction whatever
should be put in the charter requiring
negotiation with Mr.. Crower before an
independent system could be built In
Mr.. Crowell's interest 1t was insisted that
price of not less than $2SO,OOo ought to
be named, and that an arbitration pro-
vision ought to be included. The claim
was made by the water board that, If
they were left unrestricted, they would
go home, take of their coats" and carry
through a proposition for the purchase
of the Crowell systems. Some of its
members insisted that they would rather
have the bill killed outright than have
any restriction put in
1t finally became evident, as the sub
ject was discussed, that the members of
the Senate committee felt that the only
way Of guaranteeing the good faith of
the village and protecting Mr.. Crowell
was to put a stated price in the charter.
and after a good deal of controversy this
price was finally fixed at 100000. as al
ready stated. The outcome of 1t all was
that at the session of the Senate Tues
day afternoon the House bill was report
ed to that body with the following
amendment inserted and numbered as
/ section Is:
This act shall be of no force and eff
| feet unless the said village of Brattle-
boro shall within one year from its pas
| sage purchase or offer to purchase the
water systems and all the properties real
and personal including all rights, privi-
| leges and easements of the Chestnut
Hill Reservoir company, and of the Sum
set Lake Water company, including all
water rights and rights to turn water and
| other rights and privileges now owned
| and held by George E. Crowell for said
corporation or intended for said systems,
| for the sum of two hundred and sixty
thousand dollars ($260, ,000) and at the time
| of the purchase the princ paF sum or
/ sums, with accrued interest OF any mort
| gage, mortgages or liens resting upon
said property, shall be deducted from the
purchase price and assumed by the viii
lage. Any work done upon or additions
to the plants of the said companies after
the passage of this act shall be with the
approval Of the bailiffs of the said vii
lage, and the expense thereof shall be
added to the purchase price as above
fixed"
1t was also provided that IF said viii
lage shall avail itself OF the provisions
OF section 1s of this act, then all acts or
parts Of acts inconsistent with this act
are hereby repealed"
The number of members of the water
board is fixed at mot more than II OF
less than hve." The bill passed the SEN
ate as thus amended. practically un-
opposed.
} At the evening session OF the House
these amendments were concurred in and
! the bill was signed by Gov. Proctor ths
next day. There was no debate, but Mr.
} Gibson stated to the House that he dil
] not wish his action in not opposing. con
currence by the House In the Senate
amendments to be construed as any ad
mission that Mr.. Crowell, by the passagI
! OF the bill as thus amended. gained an,
vested rights which would interfere witl
any legislation that the village Nigh
fnd II necessary to ask YOr In future.