The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-06-20
RENDERED DECISION
IN THE MA1fRD|SPuTE
- fSq; &C.. G-- 49, ss's : s. 81
JUDGE, PRINCE HANDS I'M
'RURTAN1' ORDER DOWN
NEW SCHOOLS PAY
d F3i'~E sr-.l -
All Schools in Anderson Erected
Before February VIII Get =
- Free Water j.
SCHOOLS PAY

very important ruling has heen hand
ed down by Judge Prince, which auys
that all schools erected before Feb
ruary 10, 1914 must be furnished wat
cr free, while the new schools mns. pay
for what they consume. Because of
the fact that every one in Anderson
has been Interested in this case the ell
tire decision is reprqduccd:
This was controversy without ac-
tion on All account alleged TO re
due plaintiff by defendant and BY writ
Ten. agreement of counsel 1t was
Heard by me ut M chambers in AM
terscE. S. c.; ON tho l3ta day OF
Jurr. llii. Oh the following agreed
statement" of facts to-mit:
I. Tic plaintiff, Southern Public
Utilities company, is corporation
chartered and organized under the
laws OF the state OF Maine and con-
ducting business within and near the
city Of Anderson.
2. Tie defendant, Anderson school
district. is body corporate under and
ny the laws OF the state of South
Carolina. and embracing the territory
included within the corporate limits
OF the city OF Anderson and certain
other ferritorys lying contiguous
thereto.
+ 8: Inet on or about the eighteenth
DAY OF November. 1889. the city coun-
Gil OF Tte city OF Anderson entered in
TO Franchise contract with the An
oerson Water supply company, copy
OF winch is hereto ATTACHED, marked
Exhibit a, and made u part Of this
agreed statement.
4. That, ON the eighth day of De-
cember, 1893, the said city Council of
the city OF Anderson passed an Or
dinance. among other things, au;nv..
izing the transfer by the Anderson Wa
ter Supply company and the Ander-
son Eiectri: Light and Power comy,u.
ny or their respective contracts with
tile city council OF the city of Ander
son, and all tho rights. powers, privi
leeeseand franchises under said con-
tracts, to new and consolidated cor
poration TO be known as tho Andcr-
son water, Light and Power company.
a COPY OF which ordinance Is hereto
attached and marked Exhibit q.
o. That such transfer above refer
ed to was duly made. and 4On the
u.
the Anderson Wutcr, Light and Pow
er company filed with ithc said ci.-
council its acceptance OF said amend
cd ordinance, u copy of which accent
ance NiB hereto attached and marked
Exhibit 6. @
g. That from the date of said fran
chises and acceptance the said Water
Supply company, Mntil said consol;da-
ZION. "a ha Aran
ter. Light and Power Company, fur
| nished the water provided for III ST.,
contract and +franchises as n,a,uin
specified, until the conveyance of the
property OF said Anderson, Water.
Light and Power company to the
Southern, Public Utilities. Company.
That thereafter the SAID Southern
Public Utilities. company furnished
\ Water Us provided in said franchises
and contracts until tie. granting OF the
| new franchise. by the city son.the tenth
| day of February, 1914.
Z. That On the --- day OF Aug
| ust, 1913. the Anderson Water Light
| and Power company spld and CON-
yeyed its property 10 the Southern
Public Utilities companyaas sat out In
tts deed. copy OF which is hereto at
tached and marked Exhibited.
8. That byaact ofithe legislature OF
the state of South Carolina approved
January 81 1895, tho Anderson school
i district was created, iia boundaries ba-
In co-terminous With ;thea, corporate
limits of the city of Anderson. Ref
erence to said act Is heEebys craved.
/ g. That by an act of the general
assembly OF the state pf South, Caro-
lima, approved February ~, ,19l3, the
i original school district was enlarged
/ 30 as to include certain territury con-
tiguous to the city -nf Anderson, and
thereafter the election provided for
in ,snidtact; having resulted In favor
| of the. questions therein. provided 10
be hubmitted>to an.selection. thes act
went into aeffect prior to August.
i 40 Is reference to- which act is here
by craved as u part OF these proceed
ings: Pursuant to said act. .,seyeral
i additional school buildings were erect
4 cd within tile cityfof anderson and
one without the corporate limits of
said city, so that the said hoard Of
Itrnstces now has under its conlrol
i within, said district Tgeyen schools
within the corporate limits of, the
city of Anderson, and one outside Sof
1.-THE corporate limits. ailGheing within
said school district. M
i 10. Priorsto the tenth day of Feb
lruary, 79l&,2 wHter was fi:niai,edsSo
tho ya,ioas public schools within the
Ecorrsrate limits Of tffecity by the wat,
Ter companies, free OF cllaree,ias nro-
ritsed kbMnthes franchise and contract
tnGff fof- force. = 5sS Z. s ~ IS
II. flisftke, tenth day OF February,
ft14. The, city council OF The city OF
AndfrSon, granted 30 sthn Southern
4 lnhfid ss;t!i:th.a accompany II fran .hise,
COPY OF which; is4lleseto attached ana
j lnjarKed Exhibit EsTaud on, TIC sama
j day, .pl,reua1t thereto. tho Sluthnrn