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upr000306-033
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    Mr. Galvin M. Cory 2 With this preliminary statement, we come now to the matter of the old contract between the mining company and the railroad company. It has been found that Amalgamated Pioche Mines and Smelters Corporation in years past, in spite of their duty to supply water to the inhabitants of the town, entered into many arrangements by which it appears that the water supplied was traded off here and there in exchange for advantages in the operation of the mining company. It is believed that this contract with the Union Pacific Railroad was an instance of this kind. I have never felt that the District Judge should make any order abrogating this contract , and have no intention of asking him to do so. The administration of the water by the receiver during this summer has been attended with a great deal of difficulty, and because of the loose manner in which the system has previously been operated, lack of proper metering, and such things, he has been unable to collect for much of the water he has distributed, and there have been many sources of leakage and waste. One of these has been at the Union Pacific stock yards where people would sometimes leave taps running so as to deplete the water' supply. In order to minimize this the receiver installed a meter on the railroad line, and with the general idea that in this time of extreme shortage and hardship all of the people who receive water through the efforts of the receiver should currently assist him by paying for the same, he has sent out bills to all users including the Union Pacific Railroad Company. I might explain that the receiver’s powers and duties have been confined to making the system work, obtaining water, distributing it to the people and collecting the charges. He has assumed no responsibility for the company's obligations, and that has been generally under­stood by the local people. I see no reason to question the validity of the pre­existing contract of the water company by which the Union Pacific was to receive water without charge. However, since this effort on the part of the local people to pull themselves out of a bad hole is attended with extreme" difficulty and is directed towards getting a proper water supply and improving conditions in the town, I believe that the officials of the Union Pacific Railroad Company ought to take a public-spirited and generous view of this matter, and regardless of the contract, should assist us during this temporary receivership by paying their water bill, since it is the fact that except for the activities of the re­ceiver neither the Union Pacific Railroad nor any of the other inhabitants would have any water at all. I expect that under the new organization some arrangements will have to be made with regard to this old contract since such things as this and other instances of mismanagement on the part of the Amalgamated Pioche Mines and Smelters September 1, 194$