The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-04-08

In the. opinion of the Mayor the
material difference is this: In
the first instance, all the taxable
citizens are presumed to pay an
equality tax for the water for the
use Of the whole municipality
without private gain to it; that is,
at approximate cost. While in the
latter instance, only the water
takers or subscribers pay the tax
or rate to the private corporation,
for gain or profit on the invest
ment.
The City of Newport owns its
own municipal water plant and in
theory levies upon all its taxable
citizens for its support and main
tenance as legally it should. New
ertheless, in practice it does not
levy upon all of it's taxable citi-
zens, but only a part of them.
1t is therefor operating as q pri-
| vately owned corporation and con-
fusing it's taxation problems.
Hence, unless the City Council in
exercising it's delegated authority
fixes its water rate levy against
| the water taker class with very
guarded discretion, it is apt to
multiply a discriminating burden
upon them and invalidate its own
enactment. In line with this very
reasoning, Judge Cooley c0ntin-
ues: "That when Oicense) taxes
for any reason, become discrimin-
alive between individuals of the
class taxed, and select some for
exceptional burdens, they are de-
prived of the necessary element OF
legal equality and inadmissible."
| Apply this citation against the
manner in which the city water
tax is spread, having in mind that
many Of the citizens pay nothing
| for water including the City itself.
And that all classes of citizens
utilize the water irrespective OF
who pays for it, and that between
the water taker payers themselves
both a fiat and mater rate levy is
land, and then determine for your
selves, if the water meter en-
forcement act does not embody
invalidating elements Of prohlbi-
tive discrimination?
Does the water meter enforce
ment act commercialize the city
water plant? 1t does if it sub
serves its chartered purpose and
procures surplus revenue from 1t
for private municipal gain. Phi
| vate gain in the sense used means
levying water tax rate abnor-
mally greater than necessary to
meet plant operations and mann
tenance costs, and diverting its
surplus to the general fund to be
expended for other city obliga-
tons. Does not the water meter
enforcement act, in fact, fulfill
this very phase of its unpresclib-
ed destiny most handsomely, and
to the adverse will and manifest
discrimination of many of its citl-
zens?
Review this quotation from a
decision of the Supreme Court OF
Vermont, involving the same prin-
ciples of law as above presented.
1t affirms: "That a town may
lawfully repair an old building for
rental purposes, although it would
be illegal, if the primary object
was to invest money in building
to rent "If the primary
object of a public expenditure is
to subserve a public municipal
purpose the expenditure is legal,
Notwithstanding it also involves
as an incident an expense which
standing alone would not be law
full. But if the primary object
is not to sutserve public NUM-
cipal purpose but to promote
some private end, the expenditure
is illegal, even though it may in
cidently serve some public pur-
pose" The primary object of the
city Water plant is to supply the
City with water; not to raise or
increase discriminating revenue.
If municipality can not invest
money in a building to rent, by
the same rule of law it can not
invest money in water plant to
rent--to procure revenue.
Now-reverting to the alleged
Impractical characteristics of the
water meter as affixed to the city
water plant. Its alleged justitica-
ton is said to be that it Con.
serves water and checks waste: -"
This may be true but with this
qualification. In weak, ineffl-
Gent, eXtravagant and uneconomlc
manner. But before it becomes a
permanent fixture to the water
plant, it's Endorsement and acqul.
sition must have the sanction OF
the citizens themselves, if for no
other reasons-by reason OF, the
heavy expense involved in adopt
ing it.
At best it is an ugly contraption
and an instrument of torture. AS
q machine, in no sense does IL
check waste or stop leaky fixtures.
1t is solely measuring device
that registers figures as a basis
of computation means, upon which
to collect revenue; and it is al
legged that revenue Us not its &C
ouitsitional destiny. AS unit It
sworthless unaccompanied by
the vital touch of the human ele..
ment to keep it in adjustment and
make it effective. Assumedly IT
is designed to police the flow OF
water, but it has to be frequently
policed itself to be kept purged OF
its own inequity. In its proper en-
vironment there may be no doubt
of its merit; but with the volume
of water at the command of the
City within easy reach. 1t would