Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-22
NEED FOR HIGHER CHARGE
Justice Barnard Holds Commission
ers Within Rights.
LAW JUsT1F1Es INCREASE
Injunction Denied by District Su-
preme Court to w. S. Bransom.
Meters Held Necessary.


effect July !. 1912, may stand. and the
Commissioners Of the District OF Column
bia may expend the surplus arising there
from in the purchase and installation of
water meters, according to an opinion
rendered today by Justice Barnard of the
Supreme Court Of the District of Colum-
bia.
"The fixing and raising or lowering or
modifying of the rates to be charged Tor
water" says Justice Barnard. lis gov
ernmental function that is placed by law
upon the Commissioners.
IF the rates are reasonable on which
point there is no proof to the contrary In
this case. then clearly the court has no
right or power to interfere. If any sum
accumulated by such rates could not be-
fore be lawfully expended in the pur-
chase and installation of meters. 1t may
be now. as Congress has authorized such
expenditure by the apprOpria tion blIls,
and particularly by the act of June -,
1872
Citizens Suit Fails.
In refusing the prayer for an injunc-
ton asked by William S. BransOm of
1909 C street northeast. who filed a
test case. and dismissing the bill. JUS
tice Barnard holds that Mr.. Bransom
injunction in the face of congressional
action SO empowering the Commission
ers. He says Mr.. BransOm is not in a
position to enjOin the expenditure OF
the surplus funds in the purchase OF
meters nor may he seek an intunc-
ton against the performance OF the
positive duty that the law places upon
the Commissioners to cut off the sup
ply of water to those premises where
the payment of water rent is refused.
Is Up to Congress.
THE whole matter says Justice Bar
nard, lis one for Congress to consider
and act upon rather than the court. and
the reports of the Commissioners in evil
dence and the several acts referred to
indicate that the subject has been brought
to the attention Of Congress and it has
taken action thereon.
An appeal will probably be noted from
the decision of the court by counsel for
..lr. BransOm.
Story of Case.
The proceeding for an injunction
against the Commissioners WAS instituted
last summer by Mr.. RIansOm. testimony
taken and recently submitted to Justice
Barnard Mr. Bransofn received bill at
the new rate, which he declined to pay.
He rendered a check for the ensuing year
at the old rate, which was declined by
the collector of taxes. and the cutting on
Of the water supply at Mr.. Bransom S
house became imminent. The taxpayer
then sought an injunction. No restrain
ing order was issued. but an agreement
was reached not to disturb the water con-
nectiOns at Mr. BransOm's home until the
suit was determined.
The only apparent difference between
the taxpayer and the commissioners IN
reference to the facts in the case, the
court points out is as to what the rates
for the use OF water should be, In order
to fairly maintain, manage and repair
the water supply system. Mr.. Bransom
claimed that the minimum rate previously
established was ample for that purpose.
leaving a surplus for number OF years
unexpended and which surplus was, by
acts of Congress. authorized to be ex-
pended In the purchase OF water meters
among other things.
Tho Commissioners cop.ended that the
former rate was not sufficient for the
fair maintenance, management and repair
Of the system, and that large sums OF
money ought now to be expended for re;
placements and repairs. They further
urged that the use of any, surplus or
amount available from the water rates In
the purchase of water meters is not only
authorized by the original act giving
power to the legislative assembly to fix
the rates. but by the numerous subse-
quent acts of Congress.
Commissioners Contention. 49,.
The point was also made that the Conf
missioners having succeeded to the pow
ers OF the legislative assembly. with
reference 10 fixing the rates, are anu
thorized to establish scale OF annual
rates for the supply and use of the water
apportioned 10 different classes of build
ings. according 10 their size. dimensions.
assessed values, exposures to fires. use
for dwellings, stores. shops. stables.
manufactures or other purposes, num-
Der of occupants or consumption of
water. measured by meter or otherwise:
and to modify. alter, amend, increase or
reduce such scale from time to time and
to extend it to other descriptions OF
buildings and establishments
Corporation Counsel Thomas urged that
section 1913 of the Revised Statutes au-
thorizes the Commissioners to use the
money received from water rents. II suf
ficfent to put In meters. because meters
have become in their judgment neces-
saIy to the District. and that a fair con-
struction of the words maintenance and
management would include the right to
use this fund for putting in meters so far
as the same would not interfere with the
other necessary purposes of the supply.
Counsel for the taxpayer contended that
meters are not necessary, and that. tnere-
fore, whatever fufCS may De taken from
the income from water rents for the
purchase of meters would be unlawful
and should not be allowed.
Justice barnard holds that this latter
contention cannot be maintained. in view
of the several acts OF Congress recOg-
nizing and authorizing the putting in of
meters.
The last act on this subject. the court
suggests. was passed June 26. 1912. after
the establishment of the new rate COM
Hlotv, nod Of hx-
Attorneys Clephane & Clephane,
Charles I.inkins and Harry Leonard ap-
peared for Mr.. Bransom. Assistant Cor
poration Counsel Marshall aided MIR.