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CITY OF DUBOIS Page 175
box factory to help out, but the two sources did not furnish enough
water to supply the high places through the day and citizens living
in those localities were compelled to catch water at night for the
next day's supply. Sometimes the higher locations were out of water
three or four days, or maybe a week at a time.
In 1892 the dissatisfaction became so great that the
Borough Council, on the Toth of August, served a notice on the Water
Company cancelling the contract and refused to pay further hydrant
rental. This fight kept up for three years, and on the organization
of the Council on the first Monday of March, 1893, the election of a
Borough attorney turned on the water question.
The Councilmen at this time were as follows: First
Ward, B. Burgoon, S. M. Free and R. W. Taylor; Second Ward, R. V.
Spackman, R. S. Potters and W. T. Smith; Third Ward, W. A. Osborn F.
W. Hetfield and William Menzie; Fourth Ward, D. J. Carson, D. E.
Smith and A. J. Booth.
The Borough attorney at the time of entering into of
the contract, had ceased to be connected with the Borough as legal
adviser and became the legal adviser of the Water Company, as
appears by all of the subsequent legal proceedings had in the
matter. However, the Water Company's attorney applied for the
position of Borough attorney and received four votes at the
election.
The Borough attorney, on assuming the duties of his
office, found a bill in equity had been filed to No. 5, September
Term, i891, in the Court of Common Pleas of Clearfield County,
Sitting in Equity, for the cancellation of the contract. Honorable
George A. Jenks, ex-Solicitor General of the United States, had been
retained in this proceeding. This equity suit had gone through the
devious paths of demurrers, amendments and all other questions that
could be raised in an equity suit. However, on the 25th of May,
1895, the then Borough attorney had an order made for a hearing to
be fixed on the fourth Monday of June, 1895, at which time the
evidence in the case was heard. The argument of the case was delayed
for some time.
While the litigation was pending the Water Company made
a proposal to sell the plant to the Borough for $75,000.00.
The Borough had secured the Stanwyx Engineering Company
to make a survey of the Water Company's property and situation as it
then existed. Finally, Mr. C. W. Knight, of Rome, N. Y., was
selected as consulting engineer, who took charge of the work for
securing a sufficient supply of water for the Borough of DuBois.
Upon the organization of the Borough Council, Mr. W. A.
Osborn was appointed chairman of the Water Committee. Mr. Osborn
became very accurate in the prosecution of the litigation connected
with the water question. The Borough attorney took up the matter
with Mr. Osborn along the line of getting rid of the Water Company
and the Borough owning the franchise. After a number of consul-
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