by John Marshall Harlan

“ Interpreting that ordinance in the light of all the circumstances preceding and attending its passage, we are not at liberty to doubt that the city council was aware of the recommendations of the city engineer, or that the object of the ordinance was to enable the water board, by contract, without advertising for sealed proposals from bidders, then in use for the new and improved Worthington engine, exclusively manufactured by ington engine, exclusively manufactured by the firm of Henry R. Worthington. ”

“ The water board was authorized by that ordinance to create a debt for engines and machinery, not without restriction as to cost, but of the capacity 'required by the plans and estimates of the high-service extension,' lessened by such amount as could be obtained, in exchange, for the insufficient engines and machinery then in use. The city council thus had in view the value of the inadequate engines and machinery then in use, and the value of the new engines and machines ”

“ It was distinctly informed by the board that the city engineer had carefully considered the whole matter, and was of opinion that the public interests would be promoted if the small engines then in use were dispensed with altogether, by 'exchange if possible,' and the larger ones, required in the extension of the high service, substituted for them. ”