by John Marshall Harlan

“ That the said corporation hereby created is hereby invested with all the rights and powers which by law or contract was vested in the late municipal corporation known as 'the mayor, aldermen, and common council of the city of Mobile,' by redemption, purchase, or otherwise, to acquire from any and all other persons, corporations, or associations whatever, any and all property and rights by such person or persons, corporations or associations, held under any former contract or law whatever for the introduction and supply of water into the city of Mobile, or the inhabitants thereof ”

“ The city covenanted and agreed that it would, at the expiration of the said term, (Stein delivering up the water-works and appurtenances in good order and condition,) pay him, his executors, administrators, or assigns, their actual value, as determined by six arbitrators, three to be chosen by each side, whose award should be binding; but, in case of disagreement, the value to be left to the determination of the water committee of Philadelphia, and their decision, communicated to the city, to be conclusive ”

“ The specific power and authority given to Stein, and his executors, administrators, and assigns, by the city and the state, was 'to conduct the water from any part of the Three-Mile creek, so-called, so that the same be good and wholesome.' Why the parties, in making their agreement, specified a particular stream from which Stein was to conduct water itno the city of Mobile for public use does not distinctly appear ”