A City Accused of Stealing Its Water by Night

Tacoma, March 15. — Special. — R. P. Rigney claims the city, under cover of night, has been stealing water from Clover creek, in defiance of the order of the court; the Board of Public Works claims someone has been stealing water from the city. Rigney says if the city steals any more water the officials will shortly be transacting official business from behind the bars of the county jail; the board of public works says if anybody tampers with the city supply he will be severely dealt with. And still the city has water enough on which to maintain its reputation as a temperance town.

Action will doubtless be taken in the water question by the council at its meeting tomorrow. Here is a letter the mayor sent to the Tacoma Light and Water Company today:

"This is to notify you that the city of Tacoma understands from your letters heretofore received, declining to protect the city any further in the various suits with Robert P. Rigney and others, and declining to pay any further sum of money as an award upon the condemnation proceedings begun against the said Robert P. Rigney to secure the waters of Clover, Spanaway, Bushelier and Morey creeks heretofore sold by you to the city of Tacoma, and by your letters declining to aid, assist or protect the city of Tacoma any further in the use and enjoyment of said waters, that it is your intention to abandon the city of Tacoma at this juncture and give it no further assistance in the protection of the property purchased from the Tacoma Light and Water Company as a source of water supply at Clover creek and Spanaway lake.

"The condemnation suit against Mr. Rigney resulted in a verdict in his favor. This the city of Tacoma has demanded that you pay, in accordance with your agreement and deed, and in pursuance of that demand you paid a sum into court and have refused to do anything more. After that payment into court Rigney refused to accept the same as a settlement and compensation for the property, secured from the court to which the said condemnation suit was pending an injunction against the further use of the water aforesaid by the city of Tacoma, and we have now for some time been restrained from the use of the said waters by the order of the court.

"This is to notify you that the city of Tacoma is over her constitutional limit of indebtedness for a water supply and can spend no more money out of her own coffers for that purpose. And it is further to notify you that unless you consent to do so by 12 o'clock on March 14, 1895, or unless by that time you pay into court the said sum to the said Rigney, that we may have the use of the water purchased from you, that the city of Tacoma will immediately thereafter, by ordinance, abandon the whole of the condemnation proceedings begun against Rigney and wife, and will thereafter look to you for all damages arising therefrom. Respectfully, EDWARD S. ORR, Mayor."

All this goes to show that the question of the moment is water.

The board of public works gives out the information that some miscreant shut down the gate in the city flume at the filter at 9 o'clock last night, causing the water to overflow and partially flood the prairies. The gate was down for two hours, when Foreman James Smith discovered it, and with the aid of Engineer John Thompson remedied the difficulty. The water being shut off so long caused the supply in the reservoir to sink rapidly, but before morning it was back to its normal elevation, and tonight is rising slowly. The board announces that the present supply will be maintained and that there will be no lack of water in any part of the city. The mayor and board visited the scene of last night's mischief this afternoon.

Judge Fremont Campbell, Mr. Rigney's lawyer, politely notified Mayor Orr in writing this morning that he had been reliably informed that the city had taken Clover creek water in the darkness of last night, and that if any more of the water was made away with the recent contempt proceedings would be pushed to the limit. Mr. Rigney claims that last night the city reservoir in Gallagher's gulch was nearly empty. This morning it was nearly full. He says he is able to tell beyond doubt, from the depth of the water in the creek, whether it is being used by the city or not. He says the creek was tapped last evening and the water allowed to run until the reservoir was full.

The board of public works denied this morning that any water had been taken during the night to fill the reservoir. The board says it is getting enough water to supply the city without stealing it. Mr. Rydstrom, of the board, positively denied that any water had been stolen. When asked if it were not possible that someone of his men had turned on the water during the night without letting the board know about it, he said it was. Mr. Rydstrom said also that it was possible that an accident had happened somewhere out on the flume to let the water in from Clover creek, but he did not think it probable, or that any such thing had happened. He reiterated that the city had plenty of water, and was a long way from the necessity of stealing it. He said the pressure on the upper service is three pounds greater today than yesterday.