Tacoma's Water Was Cut Off by a Court Order—and the City Went Looking for Wells

Tacoma, March 11.—Special.—Through the leniency of Judge Parker, the mayor, city attorney and board of public works are still unpunished for not obeying the court's injunction restraining the city from taking water from Clover and Spanaway creeks until the judgment of $14,250, secured by Robert P. Rigney in the condemnation proceedings, be satisfied.

Today Judge Parker rendered his decision in the action for contempt brought against the officials named. He declared that the violation of the injunction order, notwithstanding the appeal and attempted stay, was contempt of court. He held that the proper procedure would be for the court to issue an order directing that they be tried to ascertain their guilt or innocence. Believing that the officials had acted in good faith and under a misconstruction of the law, he would not issue such an order if the city would agree to obey the injunction.

With visions of dungeons dancing before their eyes, the officials nearly fell over themselves in their haste to make the required promise. Then as quickly as possible the water of the creeks was shut off. It had up to this time furnished about 2,500,000 or 3,000,000 gallons daily of the 4,700,000 required by the city.

Then there was a hasty conference of the powers that be—in municipal, not court affairs—and plans to secure enough water to supply the city were discussed. The gulches, at a pinch, can, the board of public works asserts, furnish 4,000,000 gallons a day. Some people have an objection to gulch water, as the youths of the south end have a playful habit of going in swimming in the streams in summer. However, the board says there will be no more bathing there. Then the Northern Pacific railroad supply at the Edison car shops was thought of and secured to the extent of from 700,000 to 800,000 gallons daily. The company has agreed to allow the use of the water, which is pronounced remarkably fine, to the extent named. This water comes from wells sunk in the prairie soil to a depth of only 25 feet. There, however, is found an abundant flow of pure water direct from the mountains, easily passing through coarse gravel and forming almost a subterranean river. The full capacity of the Northern Pacific wells has never been tested. John M. Fuller, late a member of the board of public works, has long been an advocate of the city sinking wells like these on the prairies, and using the water for at least a portion of the city's supply. If the present wells prove all they are cracked up to be, this may be done.

The taking of water from the car shops wells began at 5 p.m. In the meantime, there is to be, despite all these arrangements, a decidedly lively hustle on the part of the board of public works this summer for water. Notices will be published in the daily papers tomorrow morning instructing consumers of water to be more economical than ever. The board announces emphatically that there need be no fear of a water famine, and says it is in a position to supply the city tomorrow and from then on with water for all needs.

The way the water came to be shut off is this: When the city bought the plant from the Tacoma Light and Water Company it bought it with the understanding and agreement that the purchase included water rights to Clover and Spanaway creeks, as well as to Thomas and Patterson springs. After the sale and only some months ago, Robert P. Rigney, a riparian owner on the creeks, brought suit to recover for the use of the water. As a result the city called upon the Light and Water Company to make good the agreement as to rights to the waters of the creeks. The company agreed to do this and brought suit in the name of the city to condemn for public use the waters named. A special jury was empaneled, examined the land which Mr. Rigney claimed would be damaged by the taking of the water, and heard testimony. A verdict was brought in finding that the damages would be $14,250. Of this, $7,250 was for land described in the city's petition to condemn, and the other $7,000 for additional land. The $7,250 was paid over by the light and water company in the name of the city, but the judgment for the additional $7,000 was appealed to the supreme court. The city continued to take water from the creeks and hence the injunction suit. March 4 the injunction was issued, but until the decision in today's contempt case had not been obeyed.

"What are you going to do about it?" was asked City Attorney Wickersham this afternoon.

"What are we going to do about it? Why, we will give the Tacoma Light Water company notice to protect the city and recover possession of the water at once," said he. "On failure to do which the city will formally abandon the Clover Creek works, flume and all, and bring suits against the company for damages in the full amount thereof. We will also sue on the bond of $10,000 given by Wright and Taylor and wife guaranteeing the title."

Formal official notice, signed by Mayor Orr, to this effect was sent to the Tacoma Light Water company and Theodore Hosmer, president, this afternoon.