S I^/EFE/HsTT OIF J^ LETTER ON TIIK SUBJECT OF THE 1^1 PURITY OF 'niK WATER OF THE BAY OF TORONTO, ADDliESSKU TU THE CORPORATIONS OF TORONTO, IN THE YEAR, 1854. BY AI.BERT FURNISS, Proi)riefor of tlie JFofrr JForls. LETTER KHO.M TIIK CITY OF TORONTO WATER COMPANY TO THE MAYOR, ALDEIOfEN AND COUXCFL OK THE CITY OF TORONTO, IN RKFKKKNCK Tl) Till'. I'UKSKNT roSITIHN' OI' IIIK WATER WORKS: ALSO MAKIXO AN OFFER OF TRANSFEURINC THE SAID WORKS TO THE CORPORATION. TOfvONTO: RE-PKIN'TED AT THE ULOBE PRINTING (.OMl'ANV, KlNCi ST. EAsT. 1872. , \ ^^\^ "=^ SEP 1 LETTP]K. Toronto Water Works' Office, Jan. 3rd, 1854. To the Mayor, Ahhnnen and Commonalty of the City of Toronto. Gentlemen, — On the re-organization of your worshipful body, I lose not a day in laying before you a communication made by the Messrs. Crawford tfe Hagarty, in the month of October last, to, the City Council, and certain other documents, relative to the Water Works of this City : Copy of Letter from Messrs. Crairford cC* Ilfi/jariy to the Corporation of Toronto. ToKoxTO, October 24th, 1853. Sill. — Oh beliulf of the Toronto Water Company, we are desirous of calling the attention ot the City Council to certain facts connected with the supply of Water to the inhabitants of Toronto. You are aware of the constant complaints relative to the injtiry charged to the Works, by the Peter Street Drain. That being now under legal investigation, we shall not enter into any discussion of its peculiar merits. Suffice it to say, that it is universally complained of, and believed by the Company to be a serious injury to the quality ot the water. Assuming such belief to be well founded, the Water Company feel bound to express their very grave apprehension that in the ensuing summer, among our rapidly increas- ing population, the mixtiue of the drainage of a large section of the City with the water supplied to the inhabitants, may be productive of most serious consequences. The probable prevalance of sickness may increase the danger. If any important change be decided on in the present system of supplying water, it is necessary at once to forward the n< jsary orders to England to insure the sup- ply of the required materials early in the Spring. The Company most earnestly desire to come to an amicable arrangement of all ex- isting difflculties with the Corporation; with that view we now address you. and in- vite attention to two propositions. First, the Water company are ready and now offer to transfer the whole of their Works to the Corporation, on such equitable terms as may be arranged between the parties. By eflFecting such an arrangement the Corporation can at once adopt such improve- ments as they may deem advisable for the interest of the conaumers. Secondly — Should the Corporation decline purchasing, then, the Water Company suggest that the existing contract with the Council be at once revised. The Water Company have recently expended about £10,000 in improving the effi- ciency of their Works, and would have to incur a further very heavy outlay if it be determined to obtain a supply of water from some different source than a spot into which the Corporation desire to drain a portion of the city. The Water Company de.siro to part either with their whole cstabliHhmflnt to the City on reiwonaltle terms — or if that be declined, to enter into a nnw contract based on a tliie rejjard to Ww respe(;tive interests ot the Citizens and of the Stockholders in a Company from wiium a ^reat outlay of capital in recpiired to meet even partially the demands ( .istantly made on tliem, both aa to the quality -and quantity of the water 8ui'j)lieu. Should any (inal arran}i:cm('nls he etlt'cted. nu time should be lost, for the reason already alluded to in this letter. In the event of sickness breakinjj out. or oilier evil consequences arising fromt he pollution of the water, the Conqjany will liave the salisiaction of remembering that they on more than one occasion warn< d the City Council of the probability of mich results. We have (he honor to be Your obedient servants, (rfigned) CllAWFOllU & IIAGAIITY. To C. Dalv. Esq.. Clerk City Council. This communication, lii;;iily important as it is, received no attention or •'otice whatever, and it is prin.ipally for the purpo.sc of still further rcniov- .ijp; from the ^Yator (,\)mpany the moral responsibility, which I doubt not, public opinion will consider must rest somewhere, that I address you. As some members of your wor,shii)ful body may not be acart of those who may hereafter have occtusion to use the water Irom the Water Works, immediati; steps be taken to obtain water from a pure sourci-, either from thi' lake outside the peniusida, or some proper inlaml source, -the j^'ood healtiil'iil i|ualities of which may be relied on. We also trust thai the nnr p/an of inuin scwcrafjc uoio under consideration bij the Corporation loill he carried, into e.ircntion as soon as pussUde, wiiifii will tknu to kemkuy THIS AND OTIIKU NI'l.SANCKS. Si^Mied WiM. THOM.VS, Foreman, And liy twelve other Jurors. Letter f null Riehanl ^Taiji'ir, Kii'jiiieer, Turoiito IValer Works, to A. Furniss, Esq, TouoNTO Water Works, Sept. 15th, 1853. Sir, — I feel reluctant to be under the necessity of calling your attention so often to the disgrai'cful state of the water we have had to pump Ui; io the tanks both yester- day an(l to-day. The principal reason of its being so muddy is from the late heavy rains scuiding a heavy discjiaige of muddy wat(!r from the Peter Street Sewer. It i;ame from it so thick that tliat part of the bay where it discharges itself was little better than a puddle iiole. I think it contained as nuuh matter as was possible for any water to beai' along with it. 1 was at a loss this morning whether to pump or not, but I came to the resolution to send mmhly water in preference to none. Sliouul yon have any eomjilaints al)out the ([uality of the water, 1 hope; you will excu.se me as doing the best according to my judgmenr, under the circumstances that I was jdaeed under. It is high time this abominable nuisance was ])Ut a stop to. Signed RICHARD TAYLOR, Engineer. It has been in vain that appeals have been made to the Corporation to remove the nuisance they have created. The Water Company had no alternative but to renew the suit against the Corporation, and in Sept. last again commenced proceedings at law. The matter is now awaiting legal decision. The Water Company did not seek to recover substantial damages from the Corporation, although they had suffered great injury — they only sought to have the evil remedied, and they consented to the Court awarding merely nominal damages if judgment be in their favor. And in view of the effects that may be produced, should sickness prevail during the ensuing summer, augmented probably by the impurity of the water, rendered impure by the citizens themselves, I feel justified in strongly pressing on the Corporation whether the existing evils should be longer permitted without some effort at their removal. I will anticipate one remark that will be made — viz : that it would be impossible or extremely difficult to divert the sewerage of the City, so as to 8 prevent the pollution of the bay. Such is not the case, for irrespective of the question of injury done to the Water Works, two highly competent and respectable enfjinecrs, Mr. Thomas and Mr. K. Tully, have laid before the Corporation plans for different modes of disposing of the drainage of the City — the adoption of cither of which would have the niost salutary effect on the quality of the waters of the bay. From whiit I have stated, I trust you will have a clear apprehension of the state of the case as concerns the impurity of the water supplied to the City, and 1 will again strongly urge you to take action for remedying the existing evil. I will only add — that to exonerate the Company from any implication in the responsibility that may arise in consequence of the im- purity of the water, Messrs. Crawford & Elagarty were authorised to offer to transfer the whole of the Water Works to the Corporation on such equit- able basis as miglit be ngrceu upon between the parties. 1 will avail myself of this opportunity of entering into! some explanation of the following clause of Messrs. Crawford and Ilagarty's letter : "should the Corporation decline purcha.sing. then the Water Company suggest that the existing contract with the Council be at once revised." It is impossible that under the existing contract, or rather under the con- struction that has been put upon it, that the Water Works can be extended with that spirit and efficiency which would fully develope the advantages of such an establishment, or render them satisfactory either to the public or the Water Con)pany. Under the existing contract the Water Company cannot advantageou,»ly extend their Works by laying main pipes in those portions of the town where there are none, for the extension of thcnj is absolutely disadvantageous to the Company — wliile the want of a proper extension to meet the wants of this rapidly increasing City is attended with great inconveniciiee and privation to its population. To illustrate and prove the correctness of this assertion I will advert to what has recently t;ikcn place. AVith a view of adding to the efficiency of the Water ^V^orks, particularly for extinguishing fires, tlie Company recently expended about i,'10,000. This expenditure had been incurred with an understanding that when the Water Works were put on an efficient scale (/. ('. for cxtingui.shing fires) a fair and equitable contract would be entered into. An unanimous report of the Committee of the Corporation on fire and water was made in favour of a new agreement, which would have been satisfactory to tlie Water Company, and judging from the said report, advantageous to th(! City. The rej)ort was not, however, adopted by the Council. The consc(jucnce was that the Water Company, although prepared at the time to extend their works over a hirge portion of the (^ity now without water, and under an engageuicnt to extend them still further as soon as pipes could be had from Great Hritain, in the event of the said report being adopted by the Council, at once sold the pipes they had im- ported to the Gas Cunq)any, and the whole of the North-east and North- west section of the City, which they were intended to cover, remain unpro- tected in ease of fire, and the population of those sections (thinly scattered to be sure) are debarred the advantage of a supply of water. The origivdl intention of the contract was that the W^ater Company should erect and supply twenty lire plugs for £250 per annum. All that was put in, in addition to this, was forced in, and iriny or mny not liave been intended. It is so anibij^uous and indefinite, that Counsel felt great difficulty in arriving at a definite conclusion as to its true intent afnd meaning. Moreover, by the construction that lins been put on the agreement, and by the recent assessment law, which empowers the city to impose a tax on the Water Works C((unl to the nniount which was originally agreed to bo paid annually (or nearly so) to the Water Company for a sup- ply of water at fires, the City has contrived to get the supply without any considsration whatever. This I am sure you must admit is not fair and equitable. Furthermore, the Water Company cannot lay pipes of such dimensions as are laid in otiier cities, but without relative consideration, are compelled to lay them (if they lay thom at all) of such size as will aflord a full and sufficient supply of water, for any number of hydrants (which are to be supplied with water free of charge to the Corporation) that they the Cor- poration may choose to erect upon them. This practically prevents the (yompany from laying any more main pipes — it amounts to a prohibition. From these statements it is not difficult to pcreoivo that unless the Cor- poration are willing to revise the contract, or adopt other measures, the public as well as the Water Company must sutler and matters must remain in their present unsatisfactory state. If the (,'ity wishes to have an effi- cient service performed, it should consent to give a fair and equitable con- sideration therefor,— what that is may easily be ascertained if encjuiry is made as to what is done at Buffalo, or at any other city, under similar circumstances. Before closing this communication, I have one further statement to make. Sonte years ago I offered the Gas Works of this City to the Corpo- ration ; I stated that in the event of their purchasing them they would be able to light the street lamps without cost to the City — besides having control over an important City institution. They refused my offer, and I disposed of the Gas Works to a now Company. I'd that Company the Corporation will have to pay, I should .suppose, a sum of £2,000 to 13,000 per annum, for the service they might have had without cost had they accepted my offer. I renew the offer already made of the Water Works on fair and rea.sonablc terms, and I now state that in the event of your acquiring them, and your going prudently to work, and obtaining from Parliament the rights and privileges that are now possessed by the Corpo- rations of Montreal and Quebec — you would bo able to reduce the water rate to the citizens generally, and you could have a supply of water for any number of fire plugs you might choose to erect, also for public fountains, baths and wash-houses, and for free hydrants for the poor — irithont any cost to the OUfi. The suggestion is worthy of your consideration. The chance may not always continue. I am, Your obedient servant, ALBERT FURNISS, For the City of Toronto Water Company. MEMORANDUM IN REGARD TO THE GRANTING TO THE CORPORATION OF TORONTO THE RIGHT OF IMPOS- ING A WATER RATE BY THE LEGISLATURE. The right of imposing a tax unconditionally, on the inhabitants, has been refused to the Corporation at all times. See an Act to authorize the City /^ of Toronto to erect Water Works, and to levy a Water Rate, Srd'f^if^mrF; Jl< 5th Parliairtfiit, 20 Vic. CJi. HI, 1857, wherein arc the following clauses to protect the vested rights of the existing Water Works. After granting power to the Corporation to construct Water Work!\ the 10th Sec. enacts as follows : X. From and after the completion of the said works, the said Commis- sioners shall have power to contract with parties willing to take water from them at a rate to be fixed by them, in the same manner as any private com- pany or companies can or may now contract and charge for the same ; and when the Water Works now erected and in use in the said City, or any ' other Water Works that may be erected by any Company now incorporated, shall be required by the said City, or any sums of money that may have been honajide expended or liabilities incurred with a view to the construc- tion of any Water Works by any Company now incorporated, belonging to any such private Company, shall have been acquired by the said City, then the owner and occupier of each and every house, tenement or lot in tlic said City of Toronto in which the said water shall be used, shall each be liable for the payment of a special Water Rate, to be fixed by the Commissioners, and such Water Rate so fixed shall be a lien upon the said house, tenement or lot, in the same way or manner as other taxes assessed on real property in the said City of Toronto are liens, and shall be collected in like manner if not previously paid to the said Commissioners. XIX. As soon as the said City of Toronto shall commence the construc- tion of Water Works under this Act, the Works and property of any in- corporated Water Company shall be exempt from municipal taxation within the said City. ^y