The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-11
OPPOSITION GIVES
THE OTHER SIDE
More Light Thrown on Ogden
Waterw0rks Franchise
Squabble.
STATEMENT is MADE BY
ATTORNEY ]. d. SKEEN
He Tells Why His Clients Desire
to Defeat PROPOSE
ton.
Special 10 The Tribune.

Special TO The Tribune.
OGDEN, Aug. 10.-Under the claim that
a number OF people OF ogdon have asked
for information as to why james j.
Brummitt has brought suit TO enjoin
the city of Ogden from permitting the
franchise recently granted to the Ogden
Waterworks company, In lieu OF the
Boutwell, contract, under which the city
has suffered so much, especially after
private and public citizens had approved
the new franchise as the best solution
that could be obtained under the exist
Ing conditions, to be passed, and enjoins
the city from paying the money (S10.0OO)
in settlement OF the judgments, amount
Ing to S41 900, against the city, that are
now pending. ]. D. skeen. the attorney
for the plaintiff, today gives out the fol-
lowing statement:
What Is Proposed
We propose TO havo the pretended or
dinsnco declared void, and ut tho same time
institute another suit in the name OF an in"
dividual taxpayer in order that 1t may not be
controlled by politicians, and TO force the
%nterworks company to comply with the pro-
visions of the Bcthwell contract. While the
city mny not, IN tho near future, be in such
financial circumstances MS to purchase the
system, We all hope that We will some time
adopt policy that will permit the revenue
to SO accumulate as to accomplish such pur
chase and in tho meantime we will hove the
assurance that Ogden city has the authority
to regulate the rntes to be charged con"
sumers, and that in any event they will be
reduced to 10 per cent OF the schedule at
tached to the Boutwell, contract.
The public however, must understand that
this Is q big question and IL requires the
support of the citizens at largo to secure
those valuable rights
The, Ogden, Wnterworks company is now
contract. executed August &c. 1889, which
was held in Ogden City against the Water.
works Company, 2s Utah 25 to be valid
rs corollary that the contract is enforceable
by the city aB against tho company. II Is q
general rule Of law that municipal corpor-
alton has the power and authority to regu'
late tho rates charged for water, whether
by the city OF by any person or
unless this right is expressly
waiyed by, tho city. 1t was not SO waived
in the Boutwell, contract, upd hence the city
authorities now possess that right
Most Serious Result.
Tho most serious result of the passage Of
pnny and tho Civic league is that the city
expressly relnquishes this right and says to
tho water works company. you may charge
the schedule rates, which are unreasonobly
high, provided they be adjusted by three
persona every ten years-one appointed by
the city, one by tho company and by
tho two SO selected. And furthermore, the
Boutwell, contract provides comparatively low
ratios with agreements to increase the supply
md to extend the water system, until tho
inhabitants of Ogden are furnished and pro.
gded with nn ample supply OF wator suitable
for domestic purposes continuously from tho
Immediately east hereof
There ore humorous other provisions in
the Boutwell, contrnct which IL would be to
tho advantage of Ogden and her inhabitants
10 enforce, yet practically pone OF these
provisions have ever been ,TRPorced even
attempted to be enforced, uuu we are now
asked TO sit silently by and permit the
Mayor and the Council TO gratuitously release
waive all damages heretofore suffered by
reason Of such neglect,
Action Is Regretted.
J. C. Nye. one Of the men who sat with
the Civic league. and an eX-Councilmau
and one of the best Informed men on the
question. regretted this afternoon that
this action had been taken. He declared
that the arrangement that was made and
under which the new franchise was
passed. was the best that can be made
Tor a number of years. He says that |
Ogden city will have to procure more
revenue before It can hope TO be able |
10 buy the waterworks, and this Will be !
some years distant.
The opposition Is also hard blow TO |
John s. Lewis, president Of tho Ogden |
City Improvement league, who worked |
lard to accomplish this compromise, be-
ieving 1t TO be the best that could be !
obtained. and who devoted all of his |
lffatrs, for solution, Now that he has
obtained 1t, 1t is probably defeated By
hose whom II was intended 10 benefit,