The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-06-23

and Power company sold and con
veyed its property to the Southern |
Public Utilities company as set out in !
It's deed, u copy Of which is hereto at |
tached and marked Exhibit ID.
s. That by act OF the legislature OF
the state OF South Carolina approved
January ., 1895. the Anderson school
district was created, its boundaries be-
in cO-terminOus with the corporate
limits OF the city of Anderson. Ref
crencc to said act is hereby craved
Q. That by an act Of the general
assembly OF the state Of South Caro-
lima. approved February ~, 1913. the
original school district was enlarged
so as to include certain territory con-
tiguous to the city of Anut. sG.l. and
thereafter the election provided for
In said act having resulted In favor
of the questions therein provided to
be submitted to an election. the act
went into effect. prior to August.
1913; reference to- which act is here
by crayed as a part Of these proceed
ings Pursuant to said act several
additional school buildings were erect
ed within the city of Anderson. and
one without tho corporate limits of
said city, so that the said board of
| trustees now has under its cOniroi
within ID district seven schools
| within me corporate limits OF the
city OF Anderson. and one outside of
the corporate limits. all being within
said school district.
TO- Prior to the tenth tay or Feb
; ruary, 1914. water was f3-n sn"d 10
the various public schools within the
cJrrorate limits of the city by thc wat
| or companies, free OF charge. ac pro-
vidcd ty the franchise any. contract
t..' of force.
| II. On the tenth 1av Of February.
l''1+. tho city council Of I'll. city of
Anderson granted to the Southern
Public ;'t.i;t. company n fran :hise.
cop: Oi which Is hereto attached ma
married Exhibit E. and or TIC same
day. pursuant thereto, the Southern
Public Utilities company and The city
of Anderson entered into IL contract.
copy Of which ,fs hereto attached and
marked ExhibittF. /.
II. From the date of the franchise
granted by the city of Anderson, to
the Southern Public Utilities company.
and or the contract entered into pur-
suant thereto, the plaintiff has furnish
ed water to the city. schools. and has
rendered It's bills therefor, including
the attached bills, aggregatIng eighty
two and ,39-10p dollars ($8239). for
water furnished certain schools situate
within the. CORPORATE limits OF the city,
Separate 7nctaE4t have been Installed
and are mnintafned by the plaintiff
Ct and for each school building with
In the school, district, and sepcrate
reading withinsthe school. district. and
separate readings Of the water furnish
| on 20 rnosJo r,&pfhf,, tha ,,a, ~.
The defendant. disputes the right of
the plaintiff to make the charges aboyr
referred to. on the ground that the
franchises and contracts entered into
between tho city OF Anderson and tho
! Anderson Water, Light and Power
Company are still effective In SO far
as they require the water company to
furnish free water for these schools.
On this statement of facts counsel
propounded to the court, the, follow
ing questions OF law for decision:
: First: Ia and will be defendant tic
liable to the plaintiff for water fur
, nished to the public schools OF the
: city OF Anderson from tho 10th day Of
, February. 1914, until the . day oi
September. 1915. when the franchise
of the old Water. Light and Power
Company by its term expires. ~
Second If the defendant Is liable
for the payment OF water bills, should
) the charges be- made separately
against each school, or should the
total amount FOf water consumed by
all the schools within the, corporate
limits Of the, city he charged in ono
bill and the charges be made upon the
: aggregate amount furnished. so as tc
: give the defendant the benefit. OF re-