The Colorado statesman., 1910-03-19

the Court bearing
the rates Company They have written
decision matter that appeared there or they have rolled
under tongue the words unfair unjust and unreasonable
used in the opinion entirely different from hat
attached 10 them by the Patterson
The people only the truth about the entire water
question particularly the If the Patterson organs
thoroughly dpraved that they cannot tell the truth they would
serve by keeping still entirely.
So the people may the Court did about
those rates we will give of the it decided
Twenty years T. NJ Patterson general counsel for the
Company the predecessors of the present company
In that capacity drafting the franchise under which the
present company operating and through his political influence had
passed by the city council
For and in his efforts he received ''oan of
$7 company There is positive record of his
having paid oan The under which negotiated
years and bore interest That loan secured for HIM
the Rocky Mountain News and was the foundation for
his present comfortable fortune.
The franchise passed by the city council through his
influence as political boss had in o. This
section provided known Schedule A. and
further provided that time after five years from the passage OF
city might the company to read It's rates
the basis of the rates prevailing IN three cities OF oce
Cincinnati and St Louis.
r. NJ Patterson knew that placed provision the
franchise for the Chicago rates based
the frontage width OF buildings St Louis rates on the
building and Cincinnati rates the ground
occupied building He knew that it impossible to aver
frontage such that rate schedule
made that would be applicable to general water service
When provso expected that he would continue
70 he attorney for the water company political Denver and
appended that attempt would be made have the water
company observe the provision
years after he secured the of the franchise the
by the
One of the first the Denver Union Water
Company discharge Patterson and retain another genera
counsel
Patterson still political boss of Denver He controlled the
cv council opportunity make endless trouble for the
company by having the city insist its complying with the I'M
possible proviso resolution introduced the council in
January demanding compliance The resolution adopted
The water company before the council and stated that
impossible do what the ordinance required them to do They
stated nearly could determine the nearest possible APP
of the of the three cities was about
per the Denver They offered the council
from those rates make sure they were
getting The city council accepted the reduction offered
Patterson Mayor McNIurray then the chief executive
McNIuray vetoed the ordinance and later instituted
proceedings the to force to comply with
Pateson's provision III the franchise.
tried in the District Court of Aapahoe County be
ere agreed with the company that
of cities impossible but he pro
muleaed held to be compliance with the spirit
franchise This schedule about l22 per cent higher hah
he reduction offered by the company
NcNurray disappointed at the outcome OF the case winch
him would result in lower rates than were offered
by the company appealed the Supreme Court
pending before that body from 1898 until July
1907 handed down setting aside the schedule
that the rates of the three cities
and the lower had erred in attempting
do the impossible
The Supreme Court did not characterize any unfair
discussed this question connection
with the claim set by the that the compromise schedule
offered in 1895 than fair just and reasonable to private
Denver In this connection the Court said:
defendants (the water company brief
the having adopted the
schedule which less than the contract called for had kept
only the letter but the spirit of the contract WE BELIEVE
THAT THIS CONTENTION OF THE DEFENDANT Is AMPLY l.
IN THIS CASE, but under the
by the pag such contention cannot avail for the
that there question of the justice fairness reasonable
the schedule of adopted by the 1879 presented
determination of schedule
which should be equivalent the rate prevailing IN
the three cities mentioned for the service