Omaha daily bee., 1908-08-02
wrirht ReDues 90 woodbury.

press. The recent statement In the pubic
press, over the name OF Theodore c. Wood
bury as president, inasmuch as II charges
that the Water board Of the city has not
been willing to meet the water company
relative to the Improvement of the system
pending the litigation, is so characterize
ically misleading and far from the truth
that a word of explanation appears neces-
sary.
II is true that heretofore communication
have been received by the Water board
from Mr.. Woodbury.. These communica-
lions, however, we're published in the press
Of the city before opportunity for considera-
ton by the Water board, and bore such un-
mlstakable evidences upon their face of
being merely advertising matter that they
were not answered by letter. However,
soon after the communication to which
Mr.. Woodbury. refers. which were pub
lished as paid advertisements in the press,
I personally told Mr.. Woodbury. II he had
any business proposition TO submit to, or
desired to discuss with. the Water board
that they were all business men and would
meet with him at any time, either in the
day or evening, and that l would get the
members of the board together on that or
any succeeding day, to discuss the PROPOSE
tons suggested in his letters. Mr.. Wood
bury did not meet with the board. His
present communicated is the first since
that conversation.
Reasonable space would not permit a re-
view of the litigation between the city and
the water company. 1t is true that the
city has refused to pay the hydrant rentals
due since December 81. 1904. II is true that
during the six months preceding that the
ompany had installed certain hvdrants. but
a. HaI gauVa1lA --H.. .Iz,.N lite 49, 49,.
ordered. Part of the MIGRANTS that were
installed were by mandate from the dis
trict court, and the manager Of the water
company. Mr.. E. NJ. Fairfield. had stated
to the mayor of the city that the company
would not install more hydrants. Judge
w. II. Munger, upon the trial of the case,
held that as a matter of law the action of
the company was such as to defeat its
right to recover the full contract price for
hydrant service. This decision was re-
versed with the statement of the court of
appeals that there was no evidence that
the water company had had a reasonable
time to install these MIGRANTS. The posi-
ton of the water company then was that
the company was not required to comply
with its part of the contract. but that,
nevertheless, the city must pay the full
price. The water board felt IL the contract
a. hot 6upu 50 ldT a. llB water company
was concerned. that the company ought
not to require the city to pay the full price.
The water board has at all times been, and
is now, ready to pay for the reasonable
value OF the service which the water COM
pany has rendered to the city. The price
for the hydrant rental was fixed in the
contract twenty-five years ago, as said by
the engineer who made the report for the
water works system, as an annuity to the
company. The rates fixed for hydrant
service were excessively high for a city Of
the size OF Omaha at the present time, and
the water board feels that II the water COM
pany is to insist upon the pound Of flesh,
i, G., the excessive hydrant rental rates. II
should be required to comply with its part
Of the contract, and that when It announces
to the city that 1T does not propose to COM
ply with its contract the city ought not
longer to pay more than the reasonable
value OF the service rendered.
on the recent trial. for reasons which
appear to the counsel for the city to be
erroneous, Hon. T.. c. Munger, judge OF
the circuit court, decided that the water
company was not required to construct
additional mains and hydrants pending the
appraisal. The recent announcement by
the court was the first time any such nosi-
ton has been taken by any court i'm the
pending litigation. During this long litI-
cation the Water board has many times
sought to get the necessary extensions
and Improvements of the system from the
water company by negotiations with the
company, but the water company has re-
fused to make any such extensions except
upon such terms as would amount to a
waiver of the defenses of the city to the
hydrant rental suits and to the suit for
| GnapifVC arfnFDnnnna The ITafaa L-.-a
of the city has realized fully the necessity
of Improvements of the present system
even to the extent of securing the most
competent engineers to go over the system
to determine what should be done to re.
lieve the situation, but it does not feel thai
the situation is such that il ought to sub
NIT to the outrageous estimate of valu,
put upon this plant by two engineers ir
order to secure this relief. That the val
uation placed upon this plant by two en-
5 gineers is grossly excessive. and was ar
rived at by methods that are intolerable
1 need scarcely be stated to Inhabitants O
this city. If any confederation Of thi
/, fact were necessary it is fully sustained
e by a statement which Theodore C. Wood
l bury made to me on January s., 1858 II
' which he stated that the suit to compa
, the city to purchase the water works woul,
have been commenced and insisted u.oI
even IL the valuation had been only 5 ,25J,
900.
1t is not proper for me TO ~criticise tn
opinion of the circuit court Of appeals
r We have exercised the right which Is dpe.
A TO litigants, viz: to lake that decision L
\ the supreme court Of the United States
Unless the supreme court of the Unite,
: States shall decide otherwise. / shall con
tinue to believe that the opinion OF judo
w. II. Munger to the effect that the an
praisement was arrived at by unfair an
improper methods and therefore HE gal an
, void is the only one which can be sus
tanned in a court of equity.
In closing let me state, both to the publ
% and to the Omaha Water company. wha
the water company already knows, Ina
the Water board OF the city Is ready an
{ willing at any time 10 consider and &C
upon any business proposition looking [
the Improvement Of the service or In
minimizing of the dangers from the pres
snt condition Of the water works supply
ing this city c. g. WRIGHT.
Oh, WEAN WOS.