Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1907-12-31
DISAGREE ON
SEWER LAW
Commission Can Take its Choice
on $500 Appropriation

The sewer commission met last
night for the purpose of turning
the sewer system over to the mayor
and city council. But a dificulty
arose over the proposition whether
$500 could be retained to pay the
salary of the sewer inspector for the
ensuing year. On this point not only
members of the council hitched but
also the sewer commission and attor-
neys both of the sewer commission
and of the city. The question of the
contention was as follows
is the sewer committee authoriz-
ed to expend or to permit to be ex-
pended out of the sewer fund the
sum of $500 as salary or compensa-
ton for the maintenance of the sew
or for one year from jim. /, 1908,
the person receiveing such salary or
compensation agreeing to put up a
surety company bond which shall
provide that he shall keep the sew
er in perfect repair for a period of
one year; said person also to act as
sewer inspector for the city,"
Attorneys Sanders and Flynn de-
cided as follows:
In our opinion the sewer commit
tee has no such authority. The law
under which the sewer committee OPP
crates seems to be clear on the point
that when the sewer is completed
and ready for operation, the duties
of the sewer committee shall come to
an end. For instance section of
the act of 1906 provides: That upon
the completion of any work or con-
tract, or contracts made or entered
into during the life of said committee
and upon the turning over of such
work to the council or trustees, In
that event the said committee to be-
come null and void and of no fur
Their force and effect Subdivision
4 of section IL provides: The ex-
pense of repairing and maintaining
such sewer system and sewerage dis
posal work, when completed, shall
be paid and borne by the city or viii
lage.'
Section IA provides, whenever
and as soon as the sewer system here
in provided for is, in the judgment
of the committee, ready for use, the
committee shall turn the said sew
er system over to the mayor and the
city council for the purpose of main
tanning, operating and conducting
the said sewer system and thereafter
the power and authority hereby given
to the sewer committee to build, keep
conduct and maintain said sewer
system shall be exercised by said
council. The committee shall turn
over the system to said city and all
property pertaining thereto, together
with all the books, profiles, papers,
maps and accounts relating to the
building or construction thereof and
the said council shall thereupon take
possession and charge of said sewer
system as well as the management.
conducting and maintaining the same
and In 80 doing 1t may alter, improve
and extend such works from time to
time to time as the growth of the
city or the wants and conveniences
of the inhabitants thereof may re-
quire'
Section II provides That upon
the turning over of the sewer system
to the city council. the council shall
have power to pass ordinances fixing
the tolls, rents rates. rules and regu-
lations for the use of the sewer and
sewer system where same is used by
persons residing or not residing with
in the district
Section IS gives the city power
to pass ordinances for the enforce
ment OF the provisions of the sewer
Law and for the future use. care and
operation Of the sewer system.
After careful perusai Of the above
provisions. it would seem plain that
IT was the intention Of the Law to
limit the duties of the sewer commit
tee to the construction of the sewer
and that when the system Is eomplet-
ed and ready for operation. II is the
duty Of the eommitte to turn the
system over to the mayor and city
council. Il seems to Us. therefore.