The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-07-22

plant, and very great and extensive
equipment is necessary to bring the
water plant to a proper and efficient /
service TO protect the citizens of the /
town, then it cannot reasonably be
maintained that this court must step
in and substitute its discretion for the
discretion and judgment of the city
council, the body TO whom the voters
of Ocala designated the exercise of
this power.
OF necessity, must there be a broad
latitude allowed for the exercise of
the sound discretion of the council,
and more especially when no improper
conduct, dishonesty or fraud is charg
ed against it? What is meant by the
authority given to the city council 70
"equip" the water plant that it pur-
chased? Words must be given their
usual, ordinary meaning in connec-
ton with the matter under considera-
ton, unless some technical or special
meaning is apparent was intended.
Webster's New international Die
tionary defines the word "equip" to
mean: ITO supply, to fit out; to fur
nish for service; to supply with what
ever is necessary to efficient action in
any way; to provide with arms, or an
armament, stores, munitions, rigging,
etc., as ships and troops" Is this
court authorized to act for the city
council and tell it just what "equip-
ment" is necessary? Must this court
say what engines, their make, their
capacity, how many wells, reservoirs,
towers, water mains, the capacity and
how many pumps, should be used
What houses, sheds or covers are nee
essary to protect them? Or If one of
the old supply wells that was pur-
chased has gone dry or become CON
taminated, that the city council cam
not under the pretext of equipment"
dig another well? for that would
mean the exercise of the right or
power of Constructing and equipping
water plant"
Does the fact that the city council
i is combining the electric plant and
the "equipping" of the old water plant
render the. act illegal because of the
combination?
The bill shows that the ordinance
of 1914 authorized the erecting and
equipping an electric light station in
connection with the city water works"
and, as stated, this ordinance was
ratified by the voters of Ocala. To
my mind it shows that the voters, be-
lieving that a part of the machinery
for one of these utilities might be
used in connection with the other with
more economy, authorized such act,
because it says that the electric plant
| to be erected would be Sin connection
with the city water works"
Does the mere fact that the shed,
the house or building covering the
pumps for the water plant cannot and
must not be used to cover the pump
for the electric light plant? If it
takes an engine of 1000 FL. P. for the
light plant, and another engine of
1000 Fl. P. for the water plant, cost
ing $4,000 each, or $4,000 for the two,
but by using the electric light engine
"in connection with the city water
works. as the ordinance authorized,
and buying an engine of 800 FL. P.
at cost of $1,000, cannot the city
council do it and thereby save $4,000
TO the taxpayers? Can the exercise of
this power, especially when it is
shown by this answer that the funds
from one source are not used for the
other, and when the cost of the re-
spective works can easily and readily
be, and is being, apportioned accord
ing to the respective costs of each,
make their work illegal and without
authority?
| From the record / cannot discover
any right in this court to interfere
with what appears to be the legal ex-
ercise of the power conferred on the
city council for the exercise of their
discretion.
/ 1t is considered and ordered that
the application for a temporary in
junction be and the same is denied.
Done and ordered in chambers, at
Ocala, Fla, this July 22nd, 1916.
i w G R,.1Iock J,Id0o