The free lance. (Fredericksburg, Va.) 1885-1926, 1909-03-25
THE FRANCHISES
LETTER FROM Mr.. FITzHUCH
No wants Power Company to Furnish ws.s 70,
CITY for rs Rsssrvoka

report of the organization OF two electric
companies In Fredericksburg this state
ment:
1t developed at this meeting that the
getting OF the franchise asked for by the
company was not as smooth sailing as
a great many oil the people of Fredericks-
burg think. there are Influences QHfefIy.
but perStSfeTfl' at work TO defeat the
franchises, and put an end to she pro-
gross of the work here
IL this statement wa correct 81 wonld
certainly he most deplOrable. but do
not for one moment believe that any TO-
tuenee, however quiet aud persistent. q"
can defeat the two franchises referred TO-
The City Council Il, | thlnk, practically
unanimous IN favor OF granting these
franchises, and as city attorney | heart.
lily favor both franchises. as was stated
TO the Council by the Joint Committes IN
their favorable report of the franchises.
Before the report was MADE 70 the Coun-
ell BY the Joint COMMITTEES. and before
the ordinance directing the edvertlse-
meno Tor bids was adopted, | had a con-
Terence with tbs attorney for the Power
Company sndits president, and informed
them that | should advise the Council,
when the bids came In, that before any
bid was accepted, the Power Company,
or whatever company owned the water
power OF the Rappshannock River, must
by proper paper make clear and def
mite the right OF the city to the thirty-six
Inches OF water Tor municipal purposes
aud family use, called Tor In the deed OF
February 10th. 1854. from the Kappa
nannock lanai Company to the Freder-
icksburg Water Power Company.
l knew and the attorney for the Pc wer
company, who was also attorney for
Mr.. Joseph Swift. from whom the pres
ent company purchased the water DO wer.
also knew that Mr.. Swift had taken the
position that the city was not entitled
10 any water Tor it, reservoirs unless IL
paid him for IL, and he sent in several
bills against the city for the use OF said
water, which advised the city not to
pay, and Mr.. Swift, or his agent here,
threatened to apply FOR an Injunction to
cut OF the city's water supply.
received a letter from Mr. Sw ft In
which he stated: "Our engineer reports
that the City Water Department are
using considerable water for reservoir
purposes, for which they cun find no
contract. As IL seems TO me impro6a.
ole that Jour Cfiy s0ozLd build a yeSey-
vo1r WITHOUT securing q contract for
mater supply, l would ask you To mail
me copy of said contract, II any exists,
at your earliest convenieLce. Slgned.
Joseph Swift. president OF Fredericks-
burg Water Power Co.. Inc "
| Subsequently. Mr.. Swift seemed to
abandon his claim, as | heard nothing
more after the city declined to recognize
IL, and had explained to him the posi-
ton OF the city In the premises Hence
| when had the above mentioned cou-
ference with the attorney. and the presi-
dent OF the present Power Company. |
was greatly surprised to find that the at
torney Tor the Power Company took the
ground that the city was not entitled to
any water for it's reservoirs.
Again, on the 18th OF March, 1909, |
called the attention OF the attorney for
the Power Company to the fact that
should he constrained 90 advise the Coun-
Gil next Friday night that the right OF
the city 20 Its water supply should be
amply guarded before any franchises
were granted. and this action on my
part appears to be the only grounds for
the foregoing statement that there are
Influences quietly. but persistently, at
work TO defeat the franchises"
| II the city had no legal right to a
supply OF water for it's reservoirs, could
any company asking the city for two
franchises OF great value deem IL un-
reasonable that the city should ask IN
return an ample supply OF water for its
reservoirs, especially since one OF these
franchises enables the company to erect
Its poles and string its wires all over our
city and secures toit a practical monopoly
oil the incandescent lighting OF our city,
and that IN competition with the City
Gas Works?
But, 10 my Judgment, the city has a
legal right to her water supply, to the
extent ofthirty-siI inches, called for IN
the aforesaid deed OF February 10th,
1854.
In this deed the Rappahannock Canal
Company grants 10 the fredericksburg
Water Power Co. all the water power
created by the works of said Rappahan-
mock Company, between the junction OF
the canal with the river, and the basin In
the town OF fredericksburg. 30 far as the
same is useful for the propulsion of
machinery for manufacturing uses gener-
ally, etc. etc. Bot this deed reserves from
the grant to she Water Power Company
this. 'thirty-si1 inches OF water" It's
language Is and also reserving the right
to grant TO the Corporation of Fred
erieksburg 30 Inches OF water when re-
CURED by her for municipal purposes or
for family use".
And then again In this same deed this
lana uage occurs as the convenant on the
part of the Water Power Company:
That the said Fredericksburg Water
Power Company will not object to the
grant OF SO inches of water to the Cor.
poration OF Fredericksburg when re-
quired by her for the uses and purposes
Aforesaid.
This deed was executed by Nc II.
Crump, president OF the Rappahannock
Canal Co., and by Jno L. Marye, Jr
president of the Fredericksburg Water
Power Co. Mr.. Msrye was also at that
time Mayor OF the city.
The city at the instance OF the Canal
Co. took control OF the canal on the 9th
OF July, 1882. and elected member OF
the City Council, Mr.. A h Phillips, presi-
dent OF said Canal Co., and the City
Council kept control uLtil May LIST, 1853
The minutes Of the City Council chow
that the city voted on the oath OF Sept.
1858, to issue bonds to the amount 81
$27 800 to purchase OBSERVATION-DISCLOSURES of
the Interest of the private stockholders
In the Canal Co., and at same time the
city vot, d TO Issue $1OO,OOO of bond.
20 subscribe to the stock OF the Fred
ericksburg Water Power Company.
The minutes Of September 26th. 1859
show this resolution adopted nv the
Council:
"lst. That the proposal made by Well
ington Gordon (president OF the Canal |
Coz to this Council in his letter dated
the 18th OF April, 1858, and now fled In !
the hands OF the clerk OF this Council.
which letter contains an offer by the
said Gordon to sell to the CORPORATION
OF Fredericksburg an interest in the
property OF the Rappahannock Co. be |
and the same is hereby accepted by the |
Council on behalf of tho Cornoreeto,,