The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-04-08
MAYOR LINDSAY
GIVES MESSAGE
ON WATER RATES
Recommends that Meter
Enforcement Act Be
Revoked

Mayor W. {. Lindsay has Is
sued the following message to the
Newport City Council which rec
ommends that water meter en-
forcement act be revoked at a
special meeting to be held on
Monday night, April 10th at the
Council rooms, taking effect as of
Nov. 1st, 1921, and that proper
refunds be made and that the
former water rates and regula-
tions be reestablished.
1t is believed the council will so
vote on account of the seemingly
large number of takers favoring
such a measure. The mayors
message was given to the Caledo-
nian-Record in order that the
people of Newport may be fully
informed of the Mayors recon-
mendations.
The mayors address follows:
To the City Council:
The Mayor submits the follow
ing data for your deliberation and
action affecting the municipal
water plant and the water meter,
and his recommendation relating
thereto.
Your attention is called to the
recent water meter enforcement
act of the former City Council
circumscribing the use of the
water meter, and the advance
in water rates superinduced by the
resolution ordering it installed.
This resolution became effective
Nov. 1st, 1921, and will continue
in force indefinitely unless re-
voked or set aside by the present
Council or the voice of the people
demanding annulment of the
measure.
1t is not improbable that the
voice of the people in condemna-
ton of the measure has already
registered its disapproval. The
Mayor holds that his election to
office was predicated solely on
this issue, and that the mandate
of the people in confirming his
protest by endorsing his policies
into office, is in effect, a repudia-
ton of its commanding immediate
recognition and amendatory inter
vention by the present Council in
their relief
The Mayors policies charged
in substance that the water meter
enforcement act was irregular and
illegal by reason of its method of
introduction, and the discrimina-
tive, abusive, and oppressive tax
created by it. Furthermore, his
protest challenged that the form
er Council exceeded its authority
in enacting so radical measure
one that called for such a large
expenditure Of the peoples money,
without first submitting the whole
proposition to them for their ap-
proval, and that their rights as
citizens were invaded and denied
them by it. And further, that the
act commcrcialized the water
plant, pcrverting its use to private
municipal gain.
1t is conceded that the City
Charter specifically delegates to
the City Council authority to fix
water rates and regulate the use
of the water supply. Nevertheless,
in the absence of express words TO
that effect, by implication of law
then. this power must be con
strucd as limited, and to be cX-
crcised within the range of pru-
dence and reason. 1t is not to be
presumed that the authority thus
granted was intended to be more
than regulative and executive, or
that the charter in any way in
tended to confer upon the City
Council legislative functions be
yond the establishment of regula-
tive municipal bylaws, rules, reg
ulatoins and ordinances. Creative
laws greater than these emanate
from the people themselves.
With the foregoing premises in
mind, it is not to be gainsaid, did
the water meter enforcement act
in its application restrict to pure
ly normal regulative measures
and end there, the former COUn-
Continued on page 81