Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-06-25
CITY CAN TAKE OVER
WATER PLANT NOW
WINS VICTORY IN THE SUPREME
COURT-PROPERTY OWNERS
PROTEST TO MAINS.

That the city of Olympia has the
right now to take possession Of the
OLYMPIA waterworks under the $685.
500 verdict recently awarded in the
condemnation proceedings, even
though the company may appeal from
that verdict, but that the company's
notice of appeal is not Intellectual and
that the company does not have to
give the city an accounting of it's re-
ceipts since the verdict. were the chief
points of the decision given by the
state supreme court Wednesday. de-
nying the company's application for a
writ of prohibition to prevent the city
from acquiring the property before
its proposed appeal of the case is de-
cided.
The verdict is taken as distinct
victory for the city. There is some
confusion, however, over one point
involved, the supreme court, having
the general condemnation statute in
mind, holding that the company's
notice of appeal was not ineffectual,
whereas the city's contention on this
point was based on a special con-
demnation statute which, City Attor-
ney Bigelow thinks, would have
brought decision in the city's favor
on this point, too. had 1t been con-
sidered by the court. Consequently
the city attorney may file with the su-
preme court before next Monday a
motion for re-hearing on that point.
With reference to the company's
accounting for receipts. the court held
that that portion of the superior
court decision should be stricken.
ruling that the company need not
furnish these figures.
Aside from the fact that the city
will proceed Immediately to purchase
the necessary pipe for the new water
mains that must be laid in the Maple
Park and South Main street districts,
City Attorney Bigelow and the other
ofacials have not yet determined what
the city will do with reference to the
plant. though In all probability 1t will
take possession a. soon a. the su-
preme court passes upon the suit
brought by G. H. Uhler on behalf Of
John e. Price & Co.. bidders, on the
validity of the bonds.
Protests to assessing abutting prop
erty in the Maple Park and South
Main street districts for the cost Of
the new mains and connections were
lodged with the city council Wednes-
day night by Attorney P. M. Troy,
representing AZ property owners, in
cluding himself, on the grounds that
the city would be charging them ex-
penses from which other districts
would be exempt. To this the mayor
replied that "the entire plant will be
in junk in. Is years with the excep-
ton of the iron pipe that is down"
and that by that time Everybody
would be in the same boat" "All it
will cost" he added, will be SO a
lot. In the past we have paid this
same expense in the guise OF connec-
tions. We are simply calling things
by their right names and playing the
game above board"
The council placed the protests on
file and unanimously passed three or
dinances providing for installing new
mains in the Maple park. South Main
and Seventeenth street paving prof.
ects. now under way. The council
passed an ordinance last week for
paving Nineteenth and Twentieth
streets, in which the water mains
were included along with sewers and
sidewalks. all to be charged against
the property.