Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-29
Trouble Between Council and
Company at Waterloo May
Be Litigated
TALK OF MANDAMus SUIT
Voting Of New Franchise and Veto by
Mayor stirs Up Trouble Among Cit
liens - Company at Present With
out Franchise - Large Amount Of
Money involved.
speclar to Times Republican.

SpeClal TO IlmeS-hepuOiiCdH.
Waterloo, May 2e.-More grief for
the water company seems to be in
sight. There was considerable talk
among people opposed to the franchise
under consideration by the council yes
terday about the plan suggested by
some gentlemen who have been study
ing the legal aspect Of the question OF
beginning mandamus proceedings
against the water corporation to COM
pei restitution of all water bills in ex-
cess OF the rates fixed by the resolu-
ton adopted by the council Feb. 5. 1906.
An order would also be asked restrain
ing the company from collecting rates
in excess of those in the future.
This action would be of a nature
similar to that one against the gas
company at Cedar Rapids, which is
now pending In the courts. There the
city commenced proceedings against
the public service corporation to COM
pei them to recognize and abide by
the rates fixed. The case has now
been carried to the supreme court. It
seems that the case has been decided
in district court in manner favorable
to the city and the gas company now
has to issue a sort Of rebate coupon
to every customer Wild pays bill
under the rates they are charging, and
must, redeem the coupon in cash or
credit on future bills il the supreme
court decides against them.
The idea held Is that IL this theory
of law is good in respect to the Cedar
Rapids Gas Company, then it ought to
be good against the Waterloo Water
Company, and it appears to be rea
sonably certain an action of this ma
ture will be commenced before the
month of June has passed.
When Mayor Rector was asked if
this was another OF the surprises
which, the friends of pure water have
promised to spring on the water COM
pany, he smiled knowingly, and ex-
pressed a desire to change the SUBJ
ject.
He admitted that he had heard
something OF the proposed law suit,
but refused to commit himself defin-
itely on the subject. The mayor thinks
however, that present rates are too
high, and would like to see them re-
duced If there is any way of doing 1t.
The opinion was advanced by some
people that there is an obstacle in
the way of the suit because of the fact
that the company has at present no
franchise, and that the city has no
control over their rates, except where
they affect the city.
The instigators of the proposed ac-
ton, however, contend that the city
has a right to protect the interests of
its citizens at ell times. regardless Of
whether the company is here under
franchise, or only by sufferance. They
say that should the council refuse to
order the beginning OF such an action
that any citizen has right to g6 into
court and assert his rights in the mat
ter
The amount involved in this action
would reach far into the thousands of
dollars. Every man who has been
taking his water thru meter would
have a big rebate coming, and many
of the fiat rates are less in the resolu-
ton of February S, which was the pet
project of Alderman Hildebrand, now
of the proposed franchise
The city has enforced. the resolut y
as far as the city's rates and hydl.aat
rentals are concerned but no attempt
has been made to compel compliance
with the rates for private concerns, and
the company has complacently gone
ahead collecting the present exorbitant
tates. al