Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-11-21

my, the City OF philadelphia can fur.
nish water to residences In such sec.
tions OF the city md county Of philo.
ase,phia .s as are now supplied by ether
Cannot Get Answer
The desired information not hahn,
Forthcoming, Councilman Won Tnsen RI.
opened the subject by introducing ano
having passed another resolution Inst
March, which up to. the present has not
been replied to. In speaking of fhe
failure to obtain the dnta from Civ
go tcitor Smyth, Mr.. Won Tagen said
today that II within a reasonnbie
length. Of time Mr.: Smyth should not
answer the. resolution he would again
introduce. the matter In Council With
q view OF compelling the Law Depart.
ment Of the city. to furnish without
In answer City Solicitor Smyth. snid
probably Mr.. Won Tagcn had forsottcn
that they had discussed the question NJ
the desired Information and TINT the
Councilman apparently had been sntis.
fled It would be unwise to discuss the
legal aspects Of the private water com.
pany franchises and their obligations to
the city In view Of the suit filed In
Common Pleas. Court by the Springfield
Water Company seeking to collect
thousands Of dollnrs from the city. A
similar conversation with Councilman
Hall some time after the later's intro.
1uction OF the original rcsOlut ion call.
ing for the Legal information. plainly
had satisfied him II would cndanger the
city's defense of the suit, the City
Solicitor said.
The litigation was started as a re.
suit of the Springfield Water Com.
pany stnrting to bill the city for fire.
plug connections and water supplied 10
municipal institutions, dating its claims
back 10 1870. The amount involved
up to January / Of this year was more
than $4,000. Under the terms of the
original franchise, however, granted
March p, 1904, the private water CON. .
pnny was permitted TO sell water to
residents Of n territory now embracing
Oak Lane. with the proviso that NIL
water required for fire hydrants and
other city purposes should be fur.
nished without Charge.
In fixing now rates to be charged by
tho company the Public Service Com
mission In 1910 authorized the Spring
field Company to charge the city fol
water supplied for these purposes. Cit,
Solicitor Smyth. nevertheless, decided
to refuse payment on this score. with 4.
view OF having the courts decide thu
legality Of the commissions ruling, nnt
eventually the Springfield Water Com
pany commenced su,t here during thu
March term of court. At the same tim,
suit wns entered against the Board Of
Education to recover payment for waite,
supplied the schools Of the district.
Reiterating the inadvisability o.
going into the legal details Of the con
tracts between the city and the pri
vnte water companies at present, Mr.
Smyth said: mo member Of Cit,
Council knowing the situation as /
exists would insist on II statement o
this character to be mnic now.
IF relief is desired from the prevail
ing high rates charged by private com
panies for water, Council could prOperl,
appoint n commission Of Impartial
members to appraisc the value Of tn,
plants with view Of reaching an equit
able price md then authorize the;
purchase and appropriate the necessar.
funds"
According to Director Given, undc
the act of 1874 the city at any tim
can take over Il privcte water plant a
the original cost of construction plus i
per cent interest for each year Of oper
ntion. less the amount of dividends de
clared annually during that period.