Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-08-03
MAYOR NOT SUPPORTED.
KIRKPATRICK,S WATER WORKS
RESOLUTION DEFEATED.
Chief Executive Contends That By Ad-
mitting Gates Owns Plant Means
Loss to City and People.


proceeding in the circuit court, an
also that the city attorneys answe
J filed in the action brought by MI
J Gates against the Railroad commits
sion to determine the ownership o
the system was without authority an
detrimental to the interests Of tn
municipality, Mayor Kirkpatrick las
night introduced a resolution befor,
the council to define the position o
the city in the suit, but the aldermen
voted it down 5 to 2. The vote was
taken on the resolution after. the ques.
tion had been discussed at consider.
able length, Mr.. Walter Tooze speak.
ing for the mayor. During the argu-
ments, chiefly between the chief ex-
ecutive and City Attorney Ed. Coad
there were some heated words, the
latter frankly telling the mayor that
he considered the resolution an in
suit to his intelligence, which invoked
the reply from hizzoner that when a
man gets hold of a little office he
wants to run everything. The mayor
held that it was the right of the coun-
Gil to give directions as to the action
to be taken in the suit now pending
and that the city attorney had pro-
ceeded to file his answer without pre-
viously consulting his superiors in the
matter. Mr.. Coad pleaded ignorance
regarding the councils desire to direct
his legal steps. Westover and Young
voted with the mayor, while Knight,
Miller, Sweeney, Barber and Card vot-
ed against him. The salient points
of the resolution follow:
Whnraag tha nit
careful and thoughtful consideration,
arrived at the conclusion that Ordin-
ance No. 23 entitled: IAN Ordinance
providing for the supplying of the
city and its inhabitants with water
for public and private use, and con-
tracing with H. V. Gates, his success
ors and assigns, to construct water
plant, and providing for the payment
of $4,000, and a lease of said plant
to H. v. Gates, for period of twenty
years or until termination by agree
ment of the contracting parties as
payment for said water plant" pass
ed by the city council September II,
1902, is binding, and that it's provis-
ions relating to the construction and
operation of said water plant are
binding equally upon the city and the
lessee, and that with reference to the
ownership of said water plant, the
said H. V. Gates occupies solely the
status of a lessee, the ownership
thereof being within the said city; and
Whereas, proceedings have hereto.
fore been taken by a prior adminis-
traton of the affairs of the city,
the Railroad commission has
been asked to take Jurisdiction over
the said water plant, and by reason
of which the claim has been made
that the said H. V. Gates is the own
er of said water plant, and Ahat
therefore said Railroad commission
has the right and is by law bound to
fix the rates at which said H. v. Gates |
shall furnish water to the city and |
he inhabitants thereof, regardless of |
the terms and provisions of said Or |
finance No. 23 of said city; and
Whereas, the matter having come
regularly before said Railroad COM
mission, and the said commission hav-
ng found the said H. V. Gates to be
he owner of said water plant, and
having assumed to fix the rates for
he sale of water by the said H. V.
Gates, and the said H. V. Gates hav-
ng brought an injunction suit in the
,ircuit court for the county of Polk,
o restrain the said commission from
it's findings and to restrain
he enforcement of the rates fixed by
he said Railroad commission; and
Whereas, in order to prevail in said
Injunction suit, it is necessary that
judicial finding be made on behalf
# the defendant city that said H. V.
iates is the owner of said water plant
of being mere lessee; and
Whereas, a finding to the effect
hat said H V. Gates is the owner
# said water plant instead of the
aid city being the owner thereof,
would be injurious to the best inter-
SITS of said city and the inhabitants
hereof, and is not in accordance with
acts nor the intent and purpose of
aid Ordinance No. 23 of said city;
nd
Whereas, Ed. F. Coad. as city at
orney of the city of Dallas, has filed
n said suit pending in the said cir
uit court, an answer for and on be-
alf of the said city wherein and
the claim and contention is
lade by the said city that the said
|. V. Gates is the OWNER, anu not tHe
essee of said water plant; and
Whereas, said answer was not read
} the city council of the city of Dali ,
Is and approved by said city council ,
rior to the filing of the same. and ,
he same does not accord with the \
-ue status of the matter and is di- ,
sctly opposed to the stand which the ,
aid city desires to take in the prem :
les, which stand is that the city of :
alias. and not H. V. Gates. is the !
wner of said water plant; and
Whereas, it is necessary and ex-
edient that the city of Dallas take
efinite stand in said suit. and in the \
atters out of which said suit has :
rown. and to that end necessary and :
roper steps be authorized by the !.
ty council Of the city with reference ;
the same; now. therefore I
Be it resolved by the city council of b
Ie city of Dallas: Fl
Section /. That any and all claims
1w or heretofore made in any pro-
'eding. action. or suit. that the city
not the owner of the water plant a
described in and provided for by P
e terms and provisions of Ordin- g
ice No. %. and that H V. Gates. the I.
ssee Of said water plant, is the own a