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WATER METER 10 MEN FORCE IOWAN GIVE ILLEGAL, City Solicitor Force Down to Cost Here. In third city hall move to force down the cost of City Solicitor Van Liew Saturday held $2 yearly service charge on meters to be illegal. The city council, which already has urged water rate cut, will receive the opinion from the licitor Monday morning It was filed Saturday and copy was delivered to Charles Denman. water manager, who transmit it to the board of trustees. Makes No Comment. Manager Denman would make comment on the latest city move other than to say "didn't know what Van Liew was talking about" when he referred to the $2 charge. Mr. Denman declared he was in position to comment for reason that the matter is one be considered by the water Nearly $5,000 Meters. There are little less than 000 meters used in the city Residential water users pay 50-cent advance service charge quarterly, which, along with the advance minimum charge of $1 quarter noted on the bill. The larger metered business tablishments pay $4 yearly service charge. Tells of Complaints. Van Liew introduced his opinion by declaring the city had receiyed "numerous complaints" about the advance service charge. He rejected city council responsibility for operation of the water works. The solicitor cited statutes which, he said, limited the right the board to fix rates so that they would produce (1) interest on the outstanding indebtedness cost of operating expenses creation of sinking fund maintenance of tion fund and (5) surplus sufficient to provide working capital of not to exceed $125,000. Opinion on Surplus. Under the fifth classification. the board, Van Liew permitted to absorb all surplus excess of $50,000 by reducing water rates to consumers. The board must. the opinion says, absorb all such surplus in excess $125,000. Van Liew holds the board could eliminate the service charge and still maintain working capital of $50,000. Stand on Leases. In addition. the city solicitor held the board would exceed the law by giving free water service by differentiating between The law also states, Van Liew wrote, that the waterworks may not lease any part of its establishment except on action of the city council, approved by the waterworks trustees. Near Le Mars Surrenders Claim Against Tenant. It was revealed at Le Mars Saturday that group of farmers forced Louis Schafer, himself farmer, give up rent notes held against tenant Friday. Mrs. Schafer said 10 men, sev. eral of whom Schafer recognized, went to the farm Friday and said: "Give us those notes or there'll hundred men coming later get them." Gives Up Notes. Schafer gave them the notes for this year's rent and between $600 and $700 in notes from last year's rent. "But do this," Mrs. Schafer said her husband told the men, won't be able to meet my own debts the first of March." The 10 men suggested then, Mrs Schafer said, that he join their band in fighting foreclosures, and that they would see that the notes against him were not collected. Wouldn't Do That. "He wouldn't do that." Mrs. Schafer "We'd our farm first. that's highway robbery Asked if Schafer planned prosecution of the 10 who demanded the Mrs. Schafer said he did not. "He is afraid she said. "He knew who some of them were and has since learned the names the others." Tenant. Schafer's tenant is Matt Bode, who lives on farm six miles away. The rented farm 240 acres, Mrs. Schafer said, and the farm on which the Schafers live 50 acres. Meanwhile other action by farmwas reported in Iowa day. 50 Approximately 50 farmers from Clearfield and Mount Ayr chartered bus and went the farm H. Gilliland. five miles west Lamoni, where they took charge farm sale. mortgage against Gilliland held by the receiver of the Lamoni State Savings bank. $200 team of horses sold for $4 wagon for 25 cows for $1 each and brood sows for 75 cents each. The sale brought total of approximately $35. Receiver. William Zunkel, receiver for the bank, went to the farm in an tempt to halt the but farmers forced the auctioneer sell the goods. In Des Moines. Andrew state superintendent of banking. said the sale had been ordered halted both by his office and the receiver of the Lamoni bank. Mr. Andrew said the sale scheduled several weeks ago by agreement between Gilliland and the receiver of the bank. He said that in such cases, the farmer agrees with the receiver to turn the proceeds over to the bank ceiver apply on the mortgage. "Service Charge." The farmer holds the sale him"The $2 charge for meter Mr. Andrew emphasized, by has been changed to the term agreement with the bank receiver Van In this he said, the sale service "It seems to that this not foreclosure sale, and me ice which in held by the bank receivership charge, meter rental discriminates He said that Zunkel went to the tween the user and the farm Saturday afternoon on learnuser in violation of the law ing that the farmers planned large $2 added to hold the sale and attempted charge small the cost of water but was brushed him much than $2 added In Plymouth county, Mrs. Marmore to the garet Kass visited by delegalarge user. tion of farmers and forced to make Sees Discrimination. settlement favorable to the ten"This is discrimination on her farm. against the small user. The board water works trustees is without any authority to rent or lease any part of the waterworks system. This includes water me- therefore conclude that charging water rental is an improper exercise the leasing authority of the waterworks company 'Rates Must Be Equal." "If it is called charge', it is discriminatory and in violation of the law, and further it is an improper exercise of the authority of the waterworks board to fix rates which will produce sufficient revenue for the operation of the water plant. 'Rates must be equal between each class. Under the present system making service charge, or rental charge, the small user pays more in the same classification than the large Call on Bankers. Officials of the Yates bank Kingsley, county, said delegation of farmers called an amicable settlement was made with debtor. Valentine Brauch of he has made settlements in several farm debt cases without pressure from the committee which has béen calling on creditors in Plymouth county. In Oskaloosa Sheriff Frank Hook postponed the sale of five foreclosed Mahaska county properties when no bids were received from the handful of persons who heard him read the descriptions.
