Year: 1878

THE CITY AND THE CITIZEN


THEIR RELATIVE DUIIEs-


CLEANLINESS.


The question is to go before the


courts, probably before the Supreme


Court, whether the city government


may not be forced by law to put down


underground pipes to cleanse the gut


ters. Filth and bilge water from board


ing houses come down the hill and en-


ter the uncleansed and unwashed gut


ter. Odors arising are intolersble.


Horses stand in the gutter from sun


rise to sunset. Filth is stewed and


boiled and roasted like clans by the


seaside, on the hot pebbles with which


the gutter is paved. Oiors arise, and


the city government, holding its nose,


summons the parties before Its highest.


judicatory. This case now before his
I honor will become historical, at least


locally, since it will now be determined


whether the builder of the boarding


house, acting In view of the city's con-


tract with the water company, which en-


abled him to protect himself and family


by perfect personal cleanliness against


disease, shall be forced to close drains


through his house thus built at heavy


cost. When $500 were expended in


perfecting the drainage and healthful-


ness of building, the city engineer


seeing and approving the work, and


the city itself, through It's contract


with the water company, authorizing
the citizen to construct his house in
this manner, shall the city be suffered
by the courts to close these drains, and
must the boarding house keeper be
fined for using them! To impose fines
Is to close the pipes and prevent their
use. Can the city thus violate its i'm
Piled contract with the builder of |
the housel In cases now before
the mayors court if the fine be
imposed and the use of water
prohibited the houses become uninhab-
table. There is no other water acces-
sible on either lot, and all this because
the cutters are not ''hushed every
day, or because the city has no under
ground drainage. Is the fault and
wrong that of the city or of the own
ers of the boarding houses2 The build
lngs are constructed and drainage pipes
made in perfect accordance with laws
of health and decency which each city
government this side of Dahomey al
ways promotes and approves. Amsyor
and council, having common intelli-
gence, would do everything possible
to have each house in Austin supplied
with baths and perfect internal
drainage. Nothing is more desir-
able or promotive of healthful-
ness and decency and good NOR
ais than abundant water freely used.
God himself used water to denote
Christian purity and exemption from
SIN. Mahomet taught his followers
that unclean men and women could
not enter Paradise, and yet the city
government would close, we are told,
drains and baths from buildings rem
dering them uninhabltable. 1t is the
gutter and not the boarding house, that
is in the fault, the city and not
the cltlZen, tne WanJ Ur WHTer III
cutters and not its abundance in
bath tubs and water pipes OF
private houses. But then, suppose
the city fine the owners of these houses
or their tenants. The water pipes
must be closed, the water company
loses its customers, and every water
consumer must cease to bathe, cook
and wash, and no longer irrIgate his
garden or cleanse his vaults with water,
as authorized by the city itself when it
made its contract with the water COM
pany, contemplating the use of water
for these purposes. The water COM
pany will be forced to defend these
proceedings, instituted unwillingly by
the city health officer. Can the city,
under its implied contract with the
water company and with the builders
of these houses supplied with baths and
drains, impose fines because baths and
sinks exist, and are washed out and
kept clean, because the cutters are not
kept clean. The proceedings now
instituted against clean and
well drained boarding houses are
so absurd that people say
when dreaming of morning and even
ing baths, that the owners of houses
IN Austin in which there are no water
pipes and no baths or sinks, should be
sent to the penitentiary. The whole
question to be solved is whether the
people shall use the water from the
river profusely as they wish and as
health aud comfort demand, or shall
this privilege be denied the citizen af-
ter he has expended much money IN
pipes and drains, or shall the city and
water company refuse to deluge the
cutters every dayi The city and wa
ter company have duties to perform as
we'll as the citizen who contracts with
them.