The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-09-09

Council was given two conflicting
opinions by attorneys last evening in
regard to the franchise of the Rich
mond City Water Works company.
City Attorney T. J. Study claims that
the water works company merely holds
license to use the city streets and a
contract to run three years yet for the
purpose Of supplying the city with
water. r. X. Shiveley, attorney for
hhe Richmond City Water Works COM
lpany, presented his side of the ques-
ftion, and said that the company held a
perpetual franchise to use the city
|streets. but that its contract with the
city to furnish water, expires in three
years. The discussion between the
two attorneys which left council far
from clear on the subject, began in the
consideration of the ordinance, which
came up on third reading, to make it
illegal for the water works company
to charge meter rent. and which will,
Il passed, prevent It from making the
.semi-annual collection. which falls due
October /.
The ordinance was put to . vote and
Bartel, Brown, Burdsall and Deuker
voted mo" for it's passage which was
sufficient to kill the ordinance, con-
sidering the fact that there were only
eight members present. However,
after some discussion, 1t was decided to
allow the ordinance to lay over for two
more weeks and vote on 1t at that
time.
Threatens Raise In Rates.
Charges were made that If this or
dinance was passed, the water works
company would raise it's prices. It
was also intimated on the part of coun-
cilmen and r. K Shiveley that the or
dinance which was drawn up by Mr.
Study was political move for popular
favor. R. K. Shiveley also said that
II the ordinance was passed, the com.
pany would consider 1t a direct slap at
1t and its proposition for new contract
sbetween the company and the city,
which IL now pending before the board
Of works. He stated that the compa-
ny would protect itself, even though It
had to 20 TO the courts.
All OF these arguments Mr.. Study an
swered. Concerning the franchise
pending before the council, Mr.. Study
said that the regulation Of meter rents
had nothing to do with q new fran
chise. He declared the present sys-
tenn Of charging meter rent to be
wrong and unlawful. He urged that
It be passed last evening or else 1t
would not be effective October 1, but
later. after carefully considering the
matter said that 1t could safely lay
over two more weeks and still become
effective II the ordinance was passed
Even though the council refused to
pass the ordinance, It is probable that
some litigation will be instituted by
company, preventing them from COL
lecting their semi-annual meter rents
in October.
Not Afraid OF Suit.
Mr.. Study says that he is not afraid
of q law suit. He referred to the fact
that the city had been unusually for
tunate while he has been city attorney
and has not paid one cent OF damages
He also claims that the city has the
power and authority to compel the
company to put water meters in the
homes. Councilman Bartel interrupt
ed to inquire whether It was fact
that the city had the right just ex-
pressed by Mr.. Study and the latter re-
piled that 1t was matter Of law. i'm
plying that It was fact. because the
city has the power to regulate its fran
chises.
The waters were rather troubled be-
tween Mr.. Bartel and Mr. Englebert OF
the council. and Mr.. Study. and coun-
Gilman Deuker tried to pacify the
three. He said that Mr.. Study had al
ways given efficient and truthful ser
vice. To which Mr.. Englebert re-
piled that Mr., Study was trying to
force council to vote on the ordinance.
TO this Mr.. Study said that some small
boy misunderstood him, and that his
only hope was that some member of
council would force = vote on the ordi-
nance.
Direct Slap at Company.
r X. shiveley asked the privilege Of
addressing the council and In answer
to Mr.. Study's arguments for the pas
sage OF the meter rent ordinance. said
fhat any such more On the part ofthN