Norwich bulletin., 1921-01-01
SIX PAnAGRArHc or
 DEMURRER ARE SUSTAINED

OLA14 hhEA AXE SUSTAINED
 Six paragraphs of. the demurrer to the complaint in the case of The City of Norwich ys Ignatius J. Murphy, Walter w. Lang and Patrick F. Bray which had it's origin in the cutting and gle of city timber at Farvew and Ston~B -ook res ervoirs, are sustained by Judge Wolfe in a memorandum Of decision nIed Friday with the clerk of the superior court
 The six paragraphs in the demurrer susetained and the one denied by the judges decision are as follows:
 l. It is not alleged, nor does it ap- pear that all contracts made by the Board of Wa.@r C---, -isi-pers of the City of Norwich which are not ma. 1 under the dire-.-oi. -.- al-- court of Common CouEicl of said city and with the advice and consent of said Court of Common Council, are illegal and void. 1 (Sustained). ] ?. It is not alleged, nor does it ap- pear that under the provisions of As charter of said City of Norwich. plaintiff , all contracts made by the Board of Wa | ter Commissioners, including the contract. ! in order to be valid, must be entered into
 under the direction-of the Court of Com,
 mon Council of said city and with the advice and consent of said Court of
 Common Council (Sustained)
 3. It does not appear from any pro vision or provisions of the plaintiffs charter, as set forth ir the Special Lava of Connecticut. that the Board of Water Commissioners in signing the contract.
 succeeded it's powers or acted in viola 1 ton of it's dutes as a public board of
 said city. (Sustained)
 f. Said Murphy is improperly made
 a defendant herein for it does not ap- pear that he knew or had any means of knowing that said Lang did sell on the account of said Lang certain cord
 wood. poles ties sawed lumber and posts cut and taken from the watersheds own ed by said plaintiff without fully ac- counting to the said Board of Water Commissioners or the said city therefore.
 as stated in paragraph of the com
 plaint it appearing that said acts of said Lang constitute no cause of action
 whatsoever aginst said Murphy. tsus-
 tained).
 D. The said Murphy is improperly made a defendant. liable in damages, because 1t is not alleged and 1t does not
 appear that the said Murphy has not fully accounted for all cord wood. poles.
 ties sawed itinber and posts cut and taken from the city's watersheds on his
 account. (Sustained) .l S. It is not aII@eed and it does nos . appear that said Murphy. was ever noti : hed by the plamtIr prior to the bring ing of, this action or by its lawfully con II stituted authorities that the pfziitifI i clsmed that sad contract was Illegal oi , made in excess of the powers Of saic t board, or that the piafitiff or said auth. : critics required said Murphy to ceas, s acting under said contract and account n to eaid city or it's water board otherwis, than as provided in said contract fol y whatever sum he owed. to. sad city, oi it's Board of Water Commisoners. (Sus
 tained) f .N .-'. 7.
 = 1t is not alleged, and It does no
 appear that said Murphy set up ant |. maintained the saw mill and did tn q cts mentioned without the approval G i sad Court of Common Council or with . out it's advice and consent
 II In his memorandum of decision Judr [. Wolfe says:
 g l am unable to find anywhere in tn e Special Acts of the General Assenbll L. giving to the City of Norwich power an Ii authority to establish and maintain vat e CT works and creating the Board of Wa
 ter Commissioners as an incident there J. to, and defining the powers and dutie
 of each, any provision which require ie that the Board in entering into a con $ tract of the character referred to. mu,
 secure the advice and approval of th "a Court of Common Council to such ac
 The original Act. Special Laws 1sei ie Secs5, ?. 1o2) from which act the Cit .e derived its power to create the. wat, ,e works, expressly provides that when tn lc plans for their establishment have bee 'I approved by the Court of Common Coul -s cil. the Board is empowered to do an
 other act necessary or convenient for ac
 complaining the purpose intended by tn
 Act; and in the amendment there, L Special Laws 1871. Sec. 30, ?. 1ss). i n which the Board is empowered to tas ,s further land for water purposes and Id maintain the water works. with the a6 ty vice and approval of the Court of Con D. mon Counicl, it is again provided tn: Ie the Board may do any act necessary an .s convenient for accomplishing the pui Id poses contemplated in the Act IT 6. contract with the defendant Murphy is for cutting down and trimming and ca
 rying away certain old trees from lar Id along the water. shed of the plainti ,n city.
 as character the Board is performing a pur 1r ly administrative act, incidental to u fir powers conferred upon it in the care ar
 maintenance. of the water v orks, and oi
 that 'does not require the a4vice and a,
 provali of the Court of Common cou " en.
 I am therefore of the opinion fiat ne making the contract in question with u re defendant Murphy. the Board of Wat IT Commissioners was acting within i
 legitimate powern, ,y ,.-. = The demurrer, to- the comulaint upc .,i tie grounds alleged in paragraphs 1, .n and 5. iszsustained. 2 ay The reasons of demurrer set forth
 parsgraphs- and of the demurrer vii et reference to the defendant Murphy, al he also well taken.sfor the reason that ly does not sufficiently appear from tl < :. piaint.. that said Murphy has not ful ad accounted. to the. Board of Water Cor
 uiissioners or, to the City If said par
 graph were ;more; definite as to said q
 fendant. the court would have reach, .y contrary conclusion. %
 sParaKfagh 6 of the demurrer Is su T. 'alned for the reasons already stated rs Paragraph z. Of the demurrer fs- n AMn M ~eH taken for 1t sufficiently appea eo shat the defendant; Aurphy set ID al maintained the SEW nm referred to. = she complaint. F c5 Aathough am of the opinion. as | a n1 ready expressed, that the Board. of. ws no no CT ccmrnissioners had power tc ma hs the contract in question with Murpt
 said Murphy could not proceed to D, 2 form 1he contract in such a manner
 e injure the water supply of the CI
 70. as to cause: 1t to be unsanitary. U sE wholesome or impure. The plaintiff. Tor It's: corporate capacity. not only has { in light. but t Is duty. under the Ia Tor to take all necessary steps to -prevs .rit such a nuisance and to preserve f in purity. of the water furnished. to-. its -l