Omaha daily bee., 1908-07-14
WATER BOARD TO FIGHT ON
win Garry Last Case TO Supreme
Court Regardless Of Defeats.
no SUIT YET WON ON APPEAL
Attorney for the water Company
Points out City VIII he Paying
Interest on 100000 at
7 Per Cent.

John L. Webster. special attorney for the
Omaba Water board, says the last hydrant
case. like all other OF the suits growing Out
Of the Water board-water company con-
troyersies. will be carried to the United
States supreme court, regardless OF the
fact that the Water board has lost on
every appeal.
.It IA the part Of expediency to litigate
this question to the end Of the law says
Mr.. Webster. Not to do 30 Is TO confess
Judgment for all hydrant rentals and to
pay. To be compelled to pay at the end OF
the law fight is no worse than to pay now.
for in either event It would mean the levy
ing OF a tax on the city to pay It. The
amount in either event would be the same,
excepting only the court costs.
THE present Judgments are In no sense a
calamity. l think It a misfortune. however,
for the courts TO hold that the city cannot
| make a defense to the hydrant rental be-
cause during past years the city has not
chosen 10 make a defense. II the city suf-
fered wrongs for years that Is no reason
why 1t should continue to suffer without a
remedy. The failure Of the city to appeal
to a higher court when. in 1896, 1t lost Its
suit against the water company, was a
mistake. This failure to appeal is viewed
by the courts as an acquiesence by the
city to the inefflclency of It's cause.
New Element in Last Case.
1.-THE suits just tried were the first into
which the question as TO whether the water
company is entitled to recover hydrant
rentals under the contract entered. In the
trial just closed there was produced a great
amount of testimony from experts, which
gave large amount OF information such as
never was had before. We have learned
much regarding inefficient fire pressure,
regarding the settling Of Missouri river
water IL 1t is allowed to stand quiet in
sufficiently large reservoirs a reasonable
length Of time.
Though my desire is not final, 1, of
course, expect to carry this case to the
higher court and fight it out to the end"
Attorney r. 8. Hall for the water com
pany said;
ut is really a very funny comedy all the
way through, a comedy Of errors by the
Omaha Water board. These gentlemen
have, doubtless, acted with good intentions,
but everywhere they have blundered and
lost. The cases just decided in our favor
by Judge Munger, mean the payment by the
city of Sis, 900. The other hydrant rental
cases for the years from July /, 1905, to
date, involve about 1926, 900. Here Is S4O0,O Oe
on which the city is paying Z per cent in
terest II 1t loses the cases, as this first
decision seems to indicate. The water
company meantime is borrowing this money
at 4 and 8 per cent"
History of the Case.
The following is some Of the history of
the city versus the water company ntiga
tion:
S96-City brought suit to forfeit franchise
of water company, alleging fire pressure
vu.. -AN ka4,n fn~,iehAI and uyafnr uyno
not properly clarified. City lost.
lS97-Water company offered to reduce
its rates. Enjoined from doing so by w.
s. PoppIeton. Loss to city up to present
date, 100000.
1903 Water board created.
l95-Water board passed resolution cut
ting water rates. Company sought in
junction before Judge w. H. Munger and
he refused II. Court of appeals reversed
Judgment and sent case back. Cost &c
city, $4,000.
Water board brought suit to compel this
appraisers to appraise the property or
the date OF award. Judge w. II. Munger
decided in favor of the Water board, buI
cost of pipe had fluctuated so that actor
asked by the Water board cost the city
$4,000.
City refused to pay hydrant rental and
Judge w. II. Munger decided in favor o.
the city. Court Of appeals reversed tn,
Judgment. Cost to city. $4,000.
Appraiscment continued and value OF the
plant placed at s. ,263,O eco.
City refused to take the plant. Appraise.
ment cost city $4,000.
Company brought suit to compel city &c
buy the plant at the appralsement. Judge
w. II. Munger decided against the com.
pany. Court Of appeals reversed the judg.
ment.
City took the case to the supreme court
OF the United States. where It now is. Cost
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