Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1909-05-14
MALoNEY SAYS NO.
Places Official Veto on Resolution 20
Sue Water and Light Co. 20
Collect Penalties.

To the Honorable City Council Bryan
Texas
Gentlemen: Your resolution order.
ing suit TO be brought against the
Bryan Water Light and Ice Company,
passed at last special adjourned meet
ing, Tuesday May II. has received my
most careful consideration, and find
that our ability to recover from the
Bryan Water. Ice and Light company
rests solely on our proving the
bryan W. !. & l.. Coz Wilfuliy fall
ed to comply with the Law.
Il seems unreasonable that ony one
would wilfully jeopardize their hold
lngs In such way that judgment
would connscate the property. do
not believe any sane man or men
would wIlfully fail TO make the re-
port. find very little difference In
the 1905 and 1907 laws. In fact IL is
so slight that the difference is only
technical. The difference follows:
Section 4 in division G 1907 laws:
Present Value-Lands. machinery,
building. pipes. poles. circuits, mains.
Section / division 3 1905 laws;
Lands. machinery. buildings, equip
ment.
The difference Is In the detail.
Division ID. 1907.
II machinery or equipment is alb
andoned. worn out or is use discon'
tinued within the preceding year;
the same shall be stated, the origi'
nal cost thereof 10 be given. and the
present value thereof shall be stated.
4 Not In 1906 law.
/ There are many good features IN
the 1905 law that are not In the 1907
law. and IN fact the 1905 law makes
a more complete report Of the prop
critics than the 1907 law.
The 1907 law asks for values on
lands. machinery. buildings, pipe, poles
circuits. mains. Now notice the above
Is the only material or equipment or
which valUe Is asked for What be
comes OF the wells and their value
or the stand pipe and It's value. there
being no provision for IL IN the 1907
law. the report could not possibly
include these items The 1905 Law
as shown above refers to value o.
lands. machinery. buildings and equip
ment This last item covers ever
item Of the 1907 law and includes al
the 1907 law omlis. and In fact every
thing OF value about the plant
The 1905 law requires re~"rts OF
amount authorized capital stock
Amount Of such stock actually issued
How much issued Is common. how
much actually issued Is preferred, how
much actually issued Is due upon IN
paid stock. Bonded Indebtedness
bonds actually sold. rate OF interest
when bonds mature. the price AZ whicl
bonds were sold.
Also report on the price charges
the public for water and lights, an,
charges 20 the city Tor service q
them. while the 1907 law does not r,
quire any OF this information.
The fact that the y. W. ]. l.. a p c.
have regularly made annual reports Q
the mayor Is further warrant for N
belief there was not any WlLFU
failure 20 make this report. and fu
Their proof OF this construction Is N
fact that they have made substantial
~ the report asked for each yea
though the report made was based O
p, the 1908 law.
These facts and the fact that N
report on the 1895 law Is more col
prehensivc. shows there was no WI
: Full failure to make the report. an
return the resolution 20 you disa
proved and vetoed.
L Regpecffully.