Show waterworks WATER WORKS DECISION the decision of the supreme court of utah in tho action brought against the ogden waterworks Water works company and ogden city decided adversely to the plaintiffs in the lower court contains many more points of interest to the public than disclosed in the brief mention of the decision made by salt lake papers the court held that while the ordinance passed by uio city on september 24 1906 hold s good there are a number of points on which tho city council exceeded its authority such for instance as attempting to give to the waterworks Water works company a franchise fixing the water rates tor a period ot fifty years The court said we are constrained to hold therefore that the agreement fixing the rates for the entire period of the contract cannot bo upheld that the city council had the right to agree upon and fix temporary rates that the rates agreed upon and set forth in the ordinance are presumed to bo fair and reasonable until the contrary is shown that the city council cannot delegate its duty to regulate fix and maintain reasonable rates but that it must exorcise this power and duty in that regard whenever the rates are or become excessive and unreasonable that the city or any taxpayer may have recourse to the courts to enforce reasonable rates and prevent the company from collecting such that tho company may likewise have recourse to the courts to prevent the city council from enforcing con rates and that the whole ordinance in question is not vitiated by reason that the city council agreed that the rates with to the hydrants should be maintained during the entire period of the time mentioned in the ordinance nor because the city council agreed that the company or a committee may fix or revise certain rates the supreme court says the ordinance joes not obligate the city to rent any specified number of hydrants that it does not give to the waterworks Water works company an exclusive right that tho lease of the 98 of a second foot of water owned by the city may be ended at any time as it as not a lease in force and effect that a number of persons may at any time demand an extension of the water system and if refused force the company to comply by proving in court the extensions would yield elgeti per cent on the cost of making them |