The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-06-23
OF the Graded Schools. 65 S. e. Rept.

OF the Graded Schools. 65 S. T.. Rept. |
927.
Wiiio the authority cited is not
controlling it is very strongly pcrsua-
sive on this point.
Now 1t should be remembered that
at the time this franchise was origi-
nally granted to, the Anderson Water
Supply company there was not in the
city or Anderson any system Of grad
ed schools and the only public schools
then in said city were ordinary COM
mon schools OF the county and state.
These common schools were entirely
independent OF the city's control and
II was not until the year 1895, that
the Anderson graded schools were es-
tablishcd. 1t was then that these
graded schools became the only pub
lie schools in the said city and as such,
we're entitled to receive and did re-
ceive free water from the Anderson
Water supply company and its success
sor. the Anderson Water Light and
Powc company. until the latter com
pany transferred all of It's property
real. personal and mixed to the plain
tiff. corporation. Among tho. things
conveyed to plaintiff by the Anderson,
Water. Light and Power company
was: .,,jsF,t
"All that certain water system with
the pipes, conduits, meters, reservoirs
and all and every machinery apparatus
or material incident thereto or con-
nccted Herewith or useful therein, in
and around the city Of Anderson. state
Of South Carolina. including all rights
OF way and all easements incident to
the maintenance of said distributing
system or connected in any way there
with
While it Is true that the deed to
plaintiff does not on its face purport
to assign the franchise. 1t does so
completely transfer all the property.
means and instrumentalities inciud-
ing all rights of way and easements
connected with It's water system In tho
city OF Anderson. as to render It
wholly unable to comply with the
terms OF Its franchise. 1t THIS grant
ed to plaintiff all the substance Of
that franchise and retained for itse!f
thing.
On the acceptance of this convey
| ance the grantee who is the plaintiff,
SO proceeded as though 1t had assum-
! ed to do so to fulfill all the obliga-
tions of the grantor. including the sup-
plying OF free water to the public
schools in said city. and it Thereafter
continued this service until tho grant
ing and acceptance by 1t of the fran
chise, of date February TO-. 1914. !.
| u Having accepted all 1.-The rights 96f
way. and easements granted I'm ne
/ ortg.na, franchise. when 1t accepted
| the conveyance from the, Anderson
Water. Light and Power company.
| plaintiff. must be held to have accept
| ed them with all tho burdens and Ob,i-
gstions under which they were held,
one of. which was the duty to supply
the public schools with free water. Rnd
tl.ls duty continued until the expiration
of the origina! franchise until about
September, LIST. 1915.
The right of free water for the use
of the public schools was vested In
Rll public schools In the city OF An
derson that were entitled to receive
.ud were receiving free water at the
time of tho granting and acceptance
OF the franchise. Of February 10Th, 1914
Schools that have been opened sinGe
that date have not The right to free
water. The city of Anderson could
not and did not diyest ,the...., public
l schools then In existence OF their NOS
ted right OF FREQ water secured TO tnSH
by the, original franchiao and this
would be true even though 1t bo fully
concet'ed that as between tho city ani
plaintiff the franchise OF February
10th 1914 was an, abrcgation OF tho
original franchise. M
AS to thu second question, ] hole
that each separate school is a, consum,
er and may Ia SO treated blythe plain.
tiff in rendering. bills against the do;
fendant for. the use Of water supplied
such schools. This, OF course.s nov
applies to such schools as have beer
opened since February 10. 1914; anf
rtter the expiration, OF the origina
franchise II Will apply, to all The. public
schools lin the, city OF Anderson. Y. 4
Il 1t is decreed further that ethel
party to this cause may at any time
on proper notice to the other party
apply at he foo OF this decree fol
such furthers order or Judgment az !
apply at tho foot OF this decree sfol
may be advised that it Is entitled to. ],
|M Geo. T.&Princes
Presiding Judge.
June 10. 1914. 1- S. Is, .s;s.