THE ROCHESTER WATER DISPUTE.
The court of Appeals will have to decide whether the Rochester & Lake Ontario Water company has any right to sell (to the detriment of Rochester, N. Y.) water to the corporations and other customers owning property contiguous to its pipe-line through the city. The decision, it is expected, will be final, although either party will have a right to carry the case to the Supreme court of the United States. The trial court and the Appellate division of the Supreme court have held that the fact of the water company’s having a pipe-line through the city does not give it the right to sell water along the line of the pipe. The present action had its inception more than two years ago, when the water company attempted to supply water to a brick building the New York Central Railway company owns at State street and Commercial street. The city obtained a temporary injunction preventing this. Wh -n the water company began generally to supply the New York Central railway with water, the city, not desiring to rest its case on a motion, brought an action against the water company in the Supreme court. This court decided against the water company, its decision was affirmed by the Appellate division, and, while the court of Appeals refused to consider this question in deciding another issue, three judges who did consider it agreed with the Appellate division that the water company had no right to sell water in the city. To prevent the Rochester & Lake Ontario Water company from selling water in the city, the city had a law passed in 1903 prohibiting the distributing of water within the city, except under a franchise granted by the common council. The city is urging the force of this act, but is also resting its case on the general State law. Rochester loses much by the New York Central railway’s taking water from the private company. In 1904. 1903 and 1904 the railway paid to the city for water $20,784.01. $20,869.73 and $35,779.17. The city charges for Hemlock water fourteen cents per l.oeo gals, to all customers, and for water from the Holly system, ten cents per 1,000 gals. Th IT Chester & Ontario company charges manufac 1 irers ten cents per 1,000 gals and domestic users, twenty cents.