South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-16
WILL ARGUE FREE WATER.
QUESTION FOR SCHOOLS.
Attorneys Go Before Commits
sion to Find Out Legality
and Reasonable Rate.

ELKHART. Ind. July 16.-City
Atty. Hall and Atty. w. B. Hile went TO
indianapolis on Thursday morning TO
prepare further for their arguments
before the state public service com
mission Fridzy on the question Of free
water for certain public city institu-
lions. Mr.. Hall Will appear for the
civil cit Mr.. lille for the General
hospital and J. y. Church for the Ii
brary. Attorney J.. II. State went on
Thursday afternoon to represent the
water company.
The question at issue is whether
the water company, under the new
utilities law. Is compelled to charge
for water used at the public
the hospital T. library n other
public buildings and for public pur-
poses generally. The water for these
institutions was free TO the city
the terms Of the franchise given the
water The company always
has furnished water free for these
and is still willing TO do so,
IT claims, provided 1T can be-
coming a vialatOr OF the law.
In order to determine the matter
the water company. a year ago, MED
a petition with the commission notify
ing it of its Interpretation OF n law,
and informing the state board that the
ma had fixed a rate OF six cents
per 1000 gallons TO these public in
stitutions. and asking the commission
10 approve il. IL is explained that
"a new rate is fixed for a
public utility charge, IT is subject 10
the approval OF the commission after
a hearing
When the city was notified OF the
filing of the petition for a hearing by
the water company. Attorney Hall pre-
pared and filed an answer FOR the city,
coutending tina the company was still
bound by the terms of its franchise
and that the passing of the new law
would not change contracts entered
into before its passage.
The question to be argued Friday is:
Is the water company bound by lis
contracts made before the state utili-
ties law was passed, or may At legally
continue 90 fCrnish free water, ana
If bound by law 30 make some charge
for water, is six cents per 1000 sal
Ions a reasonable rate?
Albert Leroy TurnOCk. 33 years old,
one of the city's young business men,
died suddenly at his home, 324 w.
Washington ST., Thursday morning.
Heart disease is assigned as the cause
of death.
Mr.. Turnick was born i'm this city on
February %. 1852. ON June z, 1900,
he married Miss Marie Rittel. He
was a member OF the Church of Christ,
Scientists.
The estimated cost of the ten miles
of concrete roadway connecting the
improved portions of the Elkhart-
iNappanee highway is $123,6OO, accord
ing 10 County Surveyor Relth's OIL
ciaI report. The commissioners are
TO receive bids for the work-in four
divisions-neXt Saturday. The cost as
appOrtiOned in townships is; concord
$4,000; Harrison. $4,000; Olive, $40
900. The county Will pay for one n
ffhree-duarters of a mile of the new
Improvement. rather than repair and
maintain tina much macadam which
was laid three years ago and has
iproved a failCr
The new roa 80. are TO be eighteen
feet wide in Concord and Harrison,
and sixteen feet wide in Olive.
Percy L. Kinyon died in Augustana
hospital. Chicago. where he submitted
Ito an operation wednesday for the re
moval of a goitre.
Mr.. Kinyon had been a resident OF
lE1khart for t~weuty-siN years. He was
horn near Marshall. Mich. on June
Ia2. 1874. After g%aduating from the
thigh school re studied law In N or
dice Of j. %. Hoover. now of Chicago,
and was admitted To- the bar. Later he
ibecame a travelling salesman, and con-
sfinued in the occupation until failing
shealth made it necessary for him to
tQuit work.
Mr.. Kinyop is survived 10y a sister,
Mrs. X. :. Lockton of Marshall, Mich,
his wife. two daughters, and a broth
ter.
He was a member of the E!ks, the
Travellers Protective asentuat-on and
the Illinois Commercial travellers.