The free lance. (Fredericksburg, Va.) 1885-1926, 1909-03-25

4
hnd In the MINUTES Of the Council on
April 26tb, 1854. this:
Ine following resolution was offered
by Mr.. Charles G. Wexford, viz.
Resolved. That tbs Public Proper,v
Committee be and are hereby directed 10
ascertain tbs costs OF iron pipes 20 con.
yey 80 square inches OF water from N !
basin to the lower end of Main Street. or
as lar as tbs level will permit, and also
ascertain from the Fredericksb urx Gas
Company whether they win permit ths
Corporation to lay said pipes In the ex.
eavetion about to be made for the pines
oil said company, whereupon Mr.. WIN.
5. Barton moved to amend the same by
Inserting the words, Special Conmittee.
IN the place OF the Public Property Com.
mittee. and the vote having been taken
on the said amendment, &c was carried.
and the resolution as so amended was
adopted "
Mr.. VIM \ Barton was then ths NJ.
torney FOR the Water Power Co. ana
Mr.. Msrye was its president. Hence II
would seem quite plain that at that
slime the city had the right 20 draw 80
Inches OF water for domestic purposes
from the Basin of the Water Power Com
peuy. At the least thess two able law
yers representing she Water Power Co.
must have thought so.
hr. james K. Clark, OF Baltimore. OBJ
tanned aided on the 3lst December, 1881
Tor the entire Water Power Property,
from A. Is. Chandler and John l.. Msrys.
trustees and special commissioner.
and owned and operated It until bis
death Ia 1895. when he devised IL TO his
widow, Mrs. Martha Clark, and she
owned and operated It until she sold It
to Mr.. Swift.
The city commenced to operate it's
water works In 1885, and Capt. Quinn.
the Superintendent. applied to Mr.. CLARK
and bis attorney, the late John G. Ma
son, TO permit the city to tap the canal
Tor water Tor its reservoirs at the old
Paper MIL site instead OF at the Basin.
Mr.. Clark and his attorney both rec
onized the right OF the city 10 the Sc In.
ches OF water and readily consented that
the city should draw the water from the
canal at tie Paper Mil site, which the
city without Interruption has done con-
tinuously ever since.
Mrs. Martha Clark through her son
and agent, Mr.. James G. Clark. also
recognized the right Of the City to said
water supply and in the deed OF 26th
October, 1900, from Mrs. Clark to the
city. occurs this stipulation:
And the party of the first part Mrs.
Clark further agrees to permit the party
OF she second part (the city, to use the
banks of the canal of said site paper
hilD as il Is now using it for its reservoir
free OF charge for same
IL the contention of the Power Com.
pany is correct, the city in not entitled
to drop of water for it's two reservoirs
unless il buys it from the company own
ing said water. and Il must pay for IL
whatever the owner may charge, or else
1t must resort to condemnation proceed
ing, which will certainly involve long and
costly litigation with "A number OF pow
erful corporations, in which experts NAV
place very high value on the water
needed for the city In any event unless
the rights of the City are clearly ascer-
tanned before the franchises are granted.
the city mil hare costly and 6yofrac,
ted kasg sNff on its has6s yery soon, with
all the feeling Il -, such litigation will
necessarily involve.
publish this statement that the City
Council may act with their eyes open in
relation to these franchises.
st Geo. r. Fitzhugh,
City Attorney.