Protecting Municipal Corporations in Granting Water-Works Franchises.
This is the subject matter of a paper by J. N. Tubbs, C. E., of Rochester, N. Y., read at the Twelfth Annual Water-works Association meeting. Mr. Tubbs argues from a standpoint not always possible to assume in light of experiences developed by controversy. If the assumption be correct that all private water companies ultimately expect to surrender their charter to the municipality that granted it, it also may be a reasonable assumption that the water company will seek to secure a broad and general franchise which will be capable of several interpretations, and finally will require judicial action to determine conclusively and explicitly any question that may arise as to the rights and privileges of the water company on the one hand and the municipality on the other.
The reason why municipalities fail to build waterworks may be traced to a variety of reasons. Prominent among them is : First. The expense entailed upon the municipality. Second : The expense necessary to make the proper preliminary examinations and surveys as to source of supply ; and third, the absence of public spirit sufficient to warrant the officers of the municipality to make an attempt to create a sentiment in behalf of a public water supply.
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