The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-06-20


independent OF the cfty's control and
II was not until the year lSa5. that
the Anderson graded schools were .es-.
tablishcd. IT. was then that these
graded school" became the only pub
lie schools ir said city and as such, ;,
were receive and did re-
eel from the Anderson
Wa... apany and its, success
scr. TIL, III Water Light and
Powc COMP until the latter conf
pany transferred all OF It's property
real. personal and miycd to The plain
tiff. corporation. Among the things
conveyed TO plaintiff by the Anderson
Water, Light and Power company
was: =.
"A1l that certain water system with
the pipes cHntiuits, meters. reservoirs
and all and every machinery apparatus
or material incident thereto. .ynr-,con-
nccted Herewith ar useful tirrrein. in
md around tile 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 1t ia true that the deed to
| plaIntiff d0e:; not, on its face pnrport
to assign the franchise. II does no
completely transfer all the property,
| means and instrumentalitics inCiud-
| ing all rights nf way nnd easomepts
connected with its water system in the
| c.ty Of Anderson. as to render 1t
wholly unable to comply with the
terms Of Its franchise. IT th:is grant
| Ell to plaintiff all the substance Of
that franchiec and retained for itself
only the shadow. II II retained any
thing.
On the accnntance OF this convex
ance the grantee who Ia the DluIntiff
so proceeded rs though II had ass,im-
ed to do so TO fnlfi!l all the obliga-
tIons OF the gTantpr. including tho si,D-
niying OF free water To .the public
schools in said city. and II thereafter
| continued this service until the grant
| ing and acceptance by II of the fran
chise. of date February TO- 1914.
! Having accepted all the rights Of
way and easements. granted In the
original franchise. when 1t accepted
the conveyance from the Anderson
Water Light and Power company,
jplaintiff, must be held to have acceut-
ed them with all the burdens end Obli-
| oeticDs under which they were held
one of which wRs the duty to supply
the public schools with FREQ waterman
tl:is duty continued until the he,expiration
Of the original franchise until about
| September, lst,. 1916.
Tho right of free water for the use
| of the public schools was vested in
ull public schools in the city of An
dcrson that were entitled to receive
and were receiving free water at the
time TOf the granting and acceptance
OF the franchise of February 10th. 1914.
schools that. have heen opened since
that date have not the right 10 free
| water. The .city of Anderso scoald
not and did not divest the public
schools then In existence of their ves-
ted right Of free. water secured to them
by the original franchise and this
would Ee triie even though II be fully
concerted that as between the city and
plaintiff the franchise OF February
1ttl 1914 was an abrogatinn of the
original franchise. ~.
AS to the SECOND question, hold
that each separate school isin cons,ym-
er and may ia. so treated by the plain
ttiff in rendering bills against the de.
|lfendant for tho uses Of water supplied
such schools. This. of course. .inasy
applies to. such 4schools as have been
opened since February 10. Il, and
ritter the. expiration Of the orIginalj
franchise IT will apply to ALI Ithe public
schools In the city OF Anderson. =: 49,,
It 10 dccreed further. that either
party to this cause. may at ANY time
on proper notice to the other party,
apply at he foo of +th's4decsee for
such further order or Judgment aa It
apply lat the foot ~ >this ,,deer ae for
may be advised that IT tdksentitIed,to.
= {'.sa%S - iGeC:1H eince.
lrestiing 4Iadge.