Omaha daily bee., 1909-02-22
VOTE ON BUYING WATER PLANT
People Will Be Asked to Accept or
Reject Apprsisement.
GOES TO POLLS IN THE SPRING
Board VIII submit Question of Buy-
ing Water Works for SIX MIL
lion Five Hundred Thou
sand Dollars.

Its belief that 'ft IL to the city's ultimate
good TO take the water works plant at the
appraisement rather than to grant q new
franchise" TO the company, the Omaha
Water board has determined to submit to
the people at the coming city election a
proposition to vote s.5Oo.Oo bonds with
which to buy the plant over which there
has been so much litigation.
The board disclaims any responsibility
for the proposed purchase OF the plant
and the long delay. reminding the people
OF the city that the council. not the board.
elected to purchase. and pointing out that
IT, the board. has done everything possible
to hurry court action.
at has been the effort Of the board to
serve the people and to do no wrong to
the water company" is a sentence con-
tanned in an official announcement of It's
decision to submit to a vote OF the people,
ut is for the people to determine this
matter"
The official announcement is made. &C
cordlng to it's opening sentence. lowing to
the fact that many incorrect statements
have been made as to the position Of the
Water board in regard to the purchase
Of the water works"
Text of the Statement.
For this reason It is deemed proper by
the board to make the following public an
nouncement of its position, together with
a resolution OF the board:
The decision to purchase the water works
was made irrevocably by the council on
March Q, 1903. 1t was not done by the
Water board. -,
The law creating the Water board pro-
vided that the city should acquire water
works in one of three ways, to be de-
termined by the council: Construction of
new works, condemnation of existing works
or purchase of existing works through any
existing contract. The council, and not
the Water board, elected to acquire the
works through the purchase provision con-
tanned in the original franchise ordinance,
which was that the city might purchase
at & valuation fixed by three engineers.
The history OF the appraisement Is well
known. It resulted in a valuation OF
SO, ,0Oo The board believed, and still be
lieves, the appraisement to be not only
invalid, but grossly in excess of the actual
value of the works. As a consequences 1t
belle we'd 1t to be It's duty, and still believes
1t to be its duty, to resist the enforcement
of such an award. The board was sus-
tanned by the circuit court OF the United
States at Omaha, but was reversed by the
circuit court of appeals at st. Louis. The
case is now pending in the supreme court
of the United States, and the board Is
urgently pressing for an immediate hear
ing.
aware of the IT. convenience to citizens
arising through the long delay. II was
impc ssible for the bosrd to expedite the
appraisement, as that matter was wholly
In the hands OF the appraisers, and in
spite of the protestatlons OF the board they
took their own time. The delay has not,
however, in the Judgment OF the poaru,
resulted in any serious detriment to the
city, however much II may nave incon-
venienced individual citizens.
II the award is sustained by the United
States supreme court then will arise the
question, in the final decree,. as to whether
the water company Is entitled TO interest
OF its rendition up to the time of payment.
II the decision Is that the company is en-
ti5,Sd no i from the ' Time on. OF the award Will
belong to the city; and as the company
has at all times resisted every effort OF
the board to ascertain its income 1t Is fair
to assume that the profits will balance any
dues for interest.
The board has used every, effort at It's
has undertaken to arrive at a compromise
with the water company through which the
amount, but has been repulsed In its eff
forts. II has been met with the suggestion
that no compromise Is possible except on
but no definite proposition with reference
to an extension of the franchise has been
presented to the board. The people alone
can say as to whether or not 1t Is their de-
sire to purchase the plant through pending
proceedings or to grant a new franchise.
Through the fact that the desire exists on
the part OF the company for an extension
Of franchise the board has been brought
to the conviction that an extension OF
franchise would prove highly profitable to
the company, and that 1t Is for the best
interest OF the water consumer that the
city reserve its franchise and W and
operate its own plant.
The board never intends to place its in
diyidual or concrete opinion against the
It has determined to submit to the people
at the next city election a proposition which
say whether IL is the public desire that the
city should own the works or that a pri-
S sS,n c1 Thp bSar Sho beIiev ven't that NE n NO o~ com-
promise can be made whereby the water
company will accept for the property an
praisement. the case involving the ap-
praisement should be fought to a finish,
and that If the city is defeated 1t should
Upon investigation 1t is the belief Of the
board that II to the city's ultimate good
rather than to grant a new franchise and
thereby simply Rostpone the solution Of a
Between the present time and the general
city election in May the people win have
situation and to make up their minds as
10 what they desire the board to do. Their
instructions will be exhibited by the result
It has been the effort OF the board to
serve the people and to do no wrong 10
relied upon its own individual opinions OF
Investigations; 1t has employed eminent en-
gineers, and assumes that It is In posses
zion OF Information as to the actual value
OF the works. The extension OF the fran
chise or the granting OF a new one can
come alone through the people. 1t Is for
the people to determine this matter at the
general election in May.
MILTON 4. BARLOW,
ISAAC E. CONGDON,
A. HUGH NIPPLE,
ROBERT b. HOWELL,
AVID j. O'BRIEN,
CHARLES r. SHERMAN.
Dated Omaha, Neb.. Feb. 20, 1903.
Revolution.
This is the boards resolution:
Believing that the people of Omaha are
IN favor of municipal ownership OF water
works, and will not approve any scheme
looking to an extension OF franchise TO the
water company and the placing upon poster
ity OF a situation imilar to the present, and