The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-11-08

of nearly ST, 900 as the city represent
atives had believed and the members
of the commission, before going any
further in the matter, had decided tc
bring the question to the attention on
the aldermen and find out their atti-
tude.
Each member of the board was then
asked "a to their impression az 10
the earnings of the plant and all of
them stated that they thought the
plants earnings were between SIG, 600
and SIT 900 a year.
Col. Walker Taylor made a state
ment as to the finding of the CON-
mission concerning the expenses OF o2-
Grafton from the plant, the figures
furnished by Superintendent Robert
son, which were in detail and COM
plete in every particular, showing thar
the operating expenses were nearly
81, 200 a month, while the gross re-
ceipts for the year were from $4,000
to $4,000 leaving net earnings Of on
ly about $40, 600.
Mr.. Worth, a member of the com
mission in reply 10 a question as To
whether the commission actually as
sumed charge of the plant on Novem-
Der 1st, responded that it had not. He
understood that the city on assuming
charge Of the plant would reimburse
the Clarendon Company for ell ex-
penses incurred after November LIST,
and would receive all receipts from
that time, and the transfer would be
as Of November 1st. But h under
standing was he continued that the
company was still responsible for an
damages, losses, etc, they still own
ing the plant until the transfer had
been made.
George Rountree, Esq. when ask
ed his opinion of the matter, said his
views were immature on the subject
but as he viewed it the city had made
a contract, which however, Fad not
been completed by actual transfer. Il
the contract was made undo mutual
mistake of fact as to an essential eie-
ment in the contract, to wit, the earn
ing capacity of the plant, or in a fraud
udent manner or under an honest mis-
take. the agreement was not binding
in law. 1t depends however, whether
or not the earning capacity of the plant
was a material element, and further
that the impression as to
the earning capacity must have been
made by the company or its agents,
in offaofipr tho aOrnonoonf IF CI1rN jS
the case the city is at liberty to do as
it pleaSes about the matter, provided
as a matter of fact the plant has not
earning capacity Of $4,000 per year,
as the city representatives thought
when they completed agreement, This
erroneous impression, however, if the
city labored under such, in completing
the matter, must have been made upon
the minds of the city representatives
by the company or it's agents.
Chairman Mcqueen Of the board OF
audit and finance said he got his in
formation from Mr.. LudlOW'S report
and in conversations with the water
works people that the plant was calm
ing about $4,000 a year. He advised
that no haste be used but that action
be delayed until investigation can be
had as to the present earning capr-
city.
There was further discussion OF the
matter, following which the resOlu-
tions appearing above were introduced
and adopted.
The board of audit and finance
shortly after the aldermen adjourned
held a special meeting co1curcing il
the first resolution adopted by the al
dermen.
Aside from the public comment OF
the matter, it having been general.
discussed during the afternoon on tn;
streets, the only other event In con
nection with the WaterwOrks situation
was the following communication
which was addressed to the board o
aldermen and read at the meeting las
night:
Wilmington, Nov T.
To the Mayor and Board OF Alder
men, of the City of Wilmington,
Dear Sirs:-Your communication II
forming this company that the boar
of aldermen OF the city has rescinde
the resolution to purchase u plan
and property is just at hand.
We wish to state that we regard tn
city as liable to this company, uIde
the contract Of purchase which va
accepted, approved and ratified By bot
boards of aldermen and the board
audit and finance Of the city and tt
stockholders of this company, and V
areready, willing and able to COMP
with the contract on our part az
t we tender you the deed for the plal
and property, which in form has bee
= agreed upon and approved by the CT
l | attorney and our attorney.
On Friday. oct, 31st, 1907, at
meeting held between Yourselves 81