The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-09-09
FINAL ACTION POSTPONED ON THE
PROPOSITION TILL NEXT MEETING
Palladium Censured By the Waterwork's Attorney for
It's Efforts TO Watch the Interests of the People
Certain Councilmen Fear Political Effect
Of Their Action and Company May
Prevent UnfavOrable Laws.

council would be considered a direct
slap at the water works company and
would be accepted by the company for
Just that much. He emphatically
stated that it would result in litiga-
ton. He claimed that the company
has a perfect right to charge meter
rent The citizen has the option of
paying either flat rate or to have his
water measured, and pay for the prtvi-
lege of the same according to Mr..
Shiveley. Mr.. Shiveley claims that 1t
is a mere form of contract between the
company and the citizen.
Mr.. Shiveley censured the Palladium
for taking it's stand on the water fran
chise question. He said certain peo-
pie in this community had made charg-
es without investigation and have
jumped at conclusions. According to
the attorney, The Palladium even went
SO far as to use the expressions
"steal" and theft" concerning the
proposition of new contract between
the city and the water works company.
Therompany, he saidyswiH not meekly
consent to allowing the meter rent
charges to be done away with.
To Fight confiscation.
Any attempt to confiscate the prop
erty of the company will also be
fought, according to the company's at
torney. He advised that the matter
be dropped until after the expert engi-
neer thoroughly investigated the prop
osition. The company will not con-
sent to any guess Work derivations In
this matter, according to Mr.. Shiveley.
He said that the company had no incli-
nation to be unfair about the PROPOSE.
tion and that the only way to be fair
is to base an investigation on facts.
He even said that the friendly rela-
tions between the board Of works and
the company in consideration of the
company's proposition for new con-
tract now pending before the board,
would be Immediately dropped, II the
ordinance up last evening was pushed.
He feels that the city and company can
arrive at some agreement satisfactory
to all, following the report of the ex'
pert engineer. He concluded his first
discourse by saying the meter rent or
dinance smacked too much of the big
stick.
Mt. Study again took the floor and
said that any i'll feeling between the
company's officials and the city had
never been considered or even heard OF
by him. He said that he Is friendly
to the stockholders of the company,
but because he holds such an opinion,
he said that 1t was no reason why he
should consent to anything dishonest.
Not Ghost Of Franchise.
"The water works company has not
a ghost of a franchise. 1t merely holds
license to use the city streets. Its
claim of perpetual franchise is bosh.'
The very fact that the company claims
its franchise is perpetual shows that 1t
has no franchise, according to Mr.
Study. He said that a perpetual
franchise revoked itself. He also
claims that the company will have nc
contract or franchise rights after It's
contract with the city expires in 1912.
The board of works will not consider
the proposition for the new contract
presented to it. 1t was put to this
body for the purpose Of feeler, said
the city attorney.
Because this clause in regard to me
ter rents is not included in the compa-
ny's present contract with the city, Ii
one reason why the city has the power
to regulate the matter of meter rents
according to Mr.. Study. He gave sew
eral examples in which the higher
courts had sustained what he said He
says the question at stake is whether
the meter ordinance protects the pub
lie. He himself, holds no doubt that
the city has the power to regulate the
use OF meters for the purpose OF pro-
lection OF the customers of the COM
pany. He said it is the nature and
purpose OF the police power to protect
the public.
The Almighty Dollar.
Mr.. Study said that the proposition
Is question of the almighty dollar
| with the company. He said that he Is
willing to take the burden Of litigation
In his own hands. He said that he
wanted the ordinance passed last might
80 as to be effective October l,
A vote was then taken on the sub
ject- Bartel lead off with a vote oi
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