Documentary History of American Water-works

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South Atlantic States
North Carolina Fayetteville

Fayetteville, North Carolina

Fayetteville was settled in 1762.

The Fayetteville Water Works was incorporated in 1820 by William Nichols, who was a noted architect.  Nichols sold shares to several individuals, and engaged Jacob Lash to construct the water system.  Lash had recently completed the water works in Raleigh, but died in 1821. while working in Fayetteville.  The system was delivering water by May, 1823, when the Planter's Hotel advertised that is was supplied "with delightful water brought by the aqueduct from one of the finest fountains in the country."  This system was built with bored wooden logs that distributed water from a reservoir filled with a water-powered pump.  After being sold several times it was leased to Samuel Willard Tillinghast on July 1, 1883 for a period of one year, with an option for two additional years.  Tillinghast refused to return the property at the end of the lease term, was sued by the company, and lost.  It is unclear what became of this system, which was also known as the Fountain Head water system, although it appears to have operated as late as 1912.




Fayetteville Weekly Observer, July 27, 1831, Page 4. Fayetteville Observer, February 12, 1863, Page 1 Fayetteville Observer, December 10, 1863, Page 1

Local residents led by Captain James Dobbins McNeil (1850-1927), who was fire chief and six times mayor of the city, actively worked to bring a water works developer to Fayetteville.  Recessions in 1887-88 and 1890-91 had severely strained the finances of many such developers, but the City contracted with the National Water Supply & Guarantee Company of Chicago in April 1891.  The principal in this firm appears to have been John M. Gardiner (1864-1935) who with his father built a water works in Phoenix, Arizona in 1888 and was involved in numerous gas, electric, street railway, and cement ventures in the west. This company apparently delivered substantial material, but forfeited its $5,000 bond in April 1892, having failed to construct the works.  The National Water Works and Guarantee Company appears to have never built anything.

The city then granted a water works franchise to Garwood Ferris and H. DeC. Richards on December 7, 1892.  These men has built many water works as contractors, but this appears to be their first (and only) project as developers. They then incorporated the Fayetteville Water, Light, and Power Company in New Jersey and transferred the franchise to that company around July 1893.  The company built a water works system with a standpipe, and in accordance with the franchise the city exercised their right to buy the system in 1903.  The subsequent appraisal of $79,000 was resisted by the company, but after losing a lawsuit to the city in federal district court they accepted the sum and deeded the system over to the city in 1905, and the company was dissolved on October 12, 1905.

The Fayetteville Public Works Commission was chartered in 1905 and took over control of the water works.

Water is supplied by the Fayetteville Public Works Commission.

References
1820 An act for supplying the town of Fayetteville with pure and wholesome Water.  [December 24, 1820]

1821 Raleigh Register and North Carolina Gazette Oct. 19, 1821, Page 3.
Died At Fayetteville, on the 8th inst. after a sickness of some weeks, in advanced life, Mr. Jacob Lash, of Bethabara,in Stokes County. Mr. L. was a native of Bethlehem, in Pennsylvania, of German extraction, and a member of the Moravian Society. He was for some time a resident of this place, being employed by the Commissioners of the City, to supply the citizens with running Water from neighboring Springs, not only for common purposes, but to be kept in Reservoirs to be ready in case of fire. This engagement being finished, he returned to his Moravian Brethren; but, for some months past he had been employed in effecting a Water Conveyance for the town of Fayetteville. Mr. L. was originally a gunsmith; but possessed a great mechanical genius, and could make most kinds of instruments and machinery. He was also a Musician of great skill, and could not only play on several instruments, but could make and repair them. He built several small Organs, and made two or three Pianos and other instruments. He has left to lament his loss, an aged widow, a son and a daughter.

1823 Fayetteville Weekly Observer, May 15, 1823, Page 1.
Planter's Hotel.  That elegant, new, three story Brick House, built by Col J. Clark, on the rising ground of Hay-street, a little above the Mansion Hotel, calculated for a house of entertainment, now the property of Mr. Wm. L. McNeill, has been lately taken by the subscriber and will be open for the reception of company on the 24th of May next.  Ladies and Gentlemen traveling, and others, are respectfully invited ton see.  It stands in the most healthy part of town, with delightful water brought by the aqueduct from one of the finest fountains in the country.

1825 Map of Fayetteville by John MacRae

1832 Fayetteville Weekly Observer, June 5, 1832, Page 3.
Fayetteville Water Works.  At a meeting of the Fayetteville Water Works Company, held on the 1st inst. Gordon Deming, Esq., was appointed Superintendent, with full power to collect all sums now due, or hereafter to become due to the company.  E. J. Hale, Sec'y. June 4th, 1832.

Water Works for Sale.  My undivided half of the Fayetteville Water Works will be disposed of on accommodating terms.  For terms, &c., reply to Mr. E. J. Hale.  Wm. Nichols, of Alabama.  May 30, 1832.

I will also sell my undivided half in the above Property.  E. J. Hale. May 30, 1832.

1832 Fayetteville Weekly Observer, September 25, 1832, Page 3.
Positive Sale at Auction of One half of the Fayetteville Water Works.  The Subscriber is authorised by his Father, Wm. Nichols, of Alabama, to sell at Auction, at the Town House in Fayetteville, on Saturday the 27th October ensuing, the interest of the said Wm. Nichols in the Fayetteville Water Works, being one undivided half of the same.  The sale will be positive,--without any reserve.  For any information, in regard to productiveness, terms, &c., apply in the absence of the Subscriber, to Mr. E. J. Hale.  I would remark, however, that the property is now offered, in consequence of the proprietor having made extensive contracts in Alabama, which require large investments of money. Samuel Nichols, Raleigh, N. C. Sept. 19, 1832.

The other undivided half of the above valuable property may be purchased privately, either before or after the day of the above sale.  It is capable of being made to yield a better income from the investment than any stock or other permanent property of which I have any knowledge in the State.  All desirable information on the subject will be cheerfully furnished by me.  E. J. Hale. Fayetteville, Sept. 19, 1832.

1846 Fayetteville Weekly Observer, January 6, 1846, Page 4
One half of the Fayetteville Water Works, For Sale, Apply to E. J. Hale, Dec. 2.

1851 Fayetteville Observer, October 2, 1851, Page 3.
A Good Investment.  The Subscriber wishes of sell one-half of the Fayetteville Water Works.  Neither of the present proprietors having time to give their personal attention to the property, the purchaser can have the management of it, making it a valuable investment. E. J. Hale. Oct. 1, 1851.

1851 Fayetteville Observer, October 9, 1851, Page 1.
Fayetteville Water Works.  The Subscriber offers for sale his interest, being one fourth of the stock of the above company. W. Whitehead. Oct. 6, 1851.

1852 An act to enlarge the powers of the magistrate of police and commissioners of Fayetteville. December 25, 1852.
Sec. 7. Be it further enacted, That the magistrate of police and commissioners of Fayetteville be and they are hereby authorized to purchase the interest of the president and directors of the Fayetteville Water Works, in and to their water works, within said town and its vicinity, and to take a deed of conveyance of the same and of the land thereto, or else to take necessary steps to procure a supply of pure and wholesome water for the use of the people of said town, and to purchase, have and hold such lands and tenements, whether within or without the limits of the corporation as it may be necessary to carry the intentions of the act into effect.

1853 Fayetteville Observer, May 16, 1853, Page 3.
Must Be Closed!  There are a number of accounts still due the late Proprietors of the Water Works, which must be settled, in order to bring to a close the affairs of the Company to the 1st April last.  E. J. Hale, late Pres't. May 13.

1860 Fayetteville Observer, October 24, 1860, Page 3.
Fayetteville Water Works, October 22, 1860. 
A meeting of the citizens of the Town was organized by calling A. McLean, Mayor, to the Chair, and appointing T. D. Haigh, Secretary.
The Mayor explained the object of the Meeting to be the devising of some plan by which the Town could be furnished with a more abundant supply of water, submitting to the Meeting the Report of Mr. Myers of Washington City, together with some other documents as might be useful in investigating the subject.
On motion of E. L. Winslow, Esq., the Mayor was requested to appoint at his leisure a committee of seven, consisting of one citizen from each Ward, to whom the further consideration of the ways and means of supplying the Town with water be referred.  Said committee to report to a subsequent meeting, subject to the call of the Mayor.

1882 Fayetteville, from "The Water-Supply of Certain Cities and Towns of the United States," by Walter G. Elliot, C. E., Ph. D.

1883 Fayetteville Weekly Observer, August 16, 1883, Page 3.
New Water Works.--Mr. S. W. Tillinghast has recently leased and assumed control of the Fayetteville Water Works; and, from the brief interview which we had with him on the subject the other day, we are glad to feel that we can promise our people a regular and abundant supply of water.  Mr. Tillinghast proposes to put the reservoir, pipes and pumps in good order; he has taken hold of this enterprise for the legitimate purpose of profit, and expects to merit his compense by giving satisfaction to all who are willing to pay a reasonable rate for their water--and his rights this matter are clear and unmistakable.
Careful analysis proved this Fountain Head water to be of remarkable purity--in fact we know of nothing to surpass it except the Croton water of New York City.

1884 "Fayetteville, N.C.," from Engineering News 11:153 (March 29, 1884)

1887 Fayetteville Weekly Observer, November 17, 1887, Page 3.
Water Works.--Mr. F. C. Fields, of New Jersey, who has been here for several days investigating matters in regards to establishing water works, appeared before the Commissioners of Fayetteville on Wednesday night.  he proposes to build first-class water works at his own expense, to put in thirty plugs at convenient distances, and guarantees that five at a time will throw a continuous steam 60 feet high.  The works will cost between $50,000 and $60,000.  All he asks is the right of franchise, and that he will receive from the town $50.00 each per year for thirty hydrants.  He will charge for dwellings, stores, &c., from $5 to $10 per year as their necessities require it.  He is willing to build at this own expense, relying upon the future increase of the town.

1888 "Fayetteville," from Manual of American Water Works, Volume 1

1888 Fayetteville Weekly Observer, July 5, 1988, Page 3.
Water Works.--Mr. Jas. C. T. Tabor, representing the firm of T. William Harris & Co., Engineers and Contractors of New York, has, with Mr. David McDuffie, been busy this week surveying to estimate the cost, &c., of erecting water works at Glenville to supply the town.  They find that the elevation of the hill at Glenville is seventy-six feet higher than the town.  This with the reservoir, of twenty-five feet, would enable them to furnish the upper floor of the hotel, the highest building in town.  If a company can be formed, the New York firm will take stock and erect the water works.  It would be a capital investment, and one of the best things that could be done in this town, and we hope our business men will take hold of the matter and complete the work.

1889 Fayetteville Weekly Observer, February 14, 1889, Page 3.
Mr. F. R. Rose showed us a letter Tuesday from Mr. Jesse W. Starr, of Philadelphia, to Mr. N. H. Smith, of this city, saying that he would leave Philadelphia for Fayetteville in a few days to appear before out city council for the purpose of securing a water works franchise.  Fayetteville is up and doing.

1889 Fayetteville Weekly Observer, October 31, 1889, Page 3.
Notice of Incorporation. State of North Carolina, Cumberland County. In office Superior Court.  Notice is hereby given of the incorporation of "The Fayetteville Water Works and Improvement Company;" that the names of the incorporators are: A. A. McKethan, Jr., W. S. Cook, N. W. Ray, Jno. P. Thompson, D. G. McMillan, A. H. Slocomb, B. R. Taylor, B. E. Sedbury, R. M. Nimocks, E. L. Pemberton, H. W. Lilly, J. W. McNeill, Geo A. Overbaugh, J. T. Denny, and J. D. McNeill, and such others who may associates with them; that the principal place of business shall be Fayetteville, N. C., and its vicinity, and its general purpose and business is a system of Water Works for supplying water for all public and private uses as far as practicable; also a Sewerage System for carrying off all sewerage matter, and also a Telephone System and all such other improvements of any sort that the Corporation may decide to make and establishment for the improvement of said Town of Fayetteville, N. C., and vicinity, or for the convenient and advantage of its citizens in any way; that the duration of the corporation shall be sixty years; the capital stock is One Hundred Thousand Dollars, divided into shares of one hundred dollars each; and it is understood and agreed that the individual stockholders shall not be in any way liable for the debts or liabilities of the Corporation. Oct 3, 1889.

1890 "Fayetteville," from Manual of American Water Works, Volume 2.

1891 "Fayetteville," from Manual of American Water Works, Volume 3.

1891 Sanborn Fire Map of Fayetteville, January 1891.  Shows public cisterns in Hay street and piping connected to a  Silby's Rotary Fire Pump located at a dam on Cross Creek.

1891 Fayetteville Weekly Observer, April 13, 1891, Page 3.
Fayetteville to Have a First-Class System of Water Works.  Fayetteville has taken another step forward in her onward progress; and, after years of patient waiting, will wake up one of these fine mornings between now and the 31st of December next to find herself enjoying all the blessing and advantages of a first-class system of water-works. It is therefore with pleasure that we are enabled to announce that at a special meeting of the town commissioners last Friday night the proposition of the National Water Supply and Guarantee Company--an English syndicate--to put in work at Fayetteville, was accepted, the same to cost between forty and fifty-five thousand dollars.
The supply of water is to come from Glenville, pumped into a stand-pipe located at Moore's corner, on Haymount, and guaranteed to be pure and whole for domestic as well as fire purposes.  The Company guarantees to lay 5 miles of "mains," and give the town 60 fire-hydrants, to be located by the fire department--the commissioners concurring-- about as follows:  1 hydrant every 500 feet between foot of Haymount and half-way bridge; 1 every 500 feet between market-house and colored graded school; 1 every 500 feet between market-house and court-house; 1 every 500 feet on Mumford street, between Robinson and Gillespie; 1 every 500 feet on Maiden Lane; 1 every 500 feet on Russell street between Gillespie and Kennedy; 1 every 500 feet on Dick street; 1 every 500 feet on Cool Spring street 1 every 500 feet on Bow street; 1 every 500 feet on Old street; 1 every 500 feet on Rowan street between court-house and Hillsboro; 1 every 500 feet on Moore street between Ramsey and Hillsboro.  In addition to the above hydrants, each ward is to be furnished with a public fountain for the use of "man and beast." The contract price to consumers will be about and not exceeding $6.00 per annum for each dwelling, with not exceeding three faucets, with one dollar for each additional faucet in excess of three.

1891 Fayetteville Weekly Observer, May 28, 1891, Page 5.
The Water-Works.  Capt. J. D. McNeill informs us that the company with whom the town government have been in negotiation for the establishment of water-works for the city have filed their guarantee bond and their acceptance of the terms of contract.  This makes a good and adequate system of water-works a fact now beyond question.

1891 Fayetteville Weekly Observer, July 30, 1891, Page 3.
Water Works.--We understand that work on the new water-works system for Fayetteville will be commenced within the next ten days, a pushed vigorously to completion.  The contract calls for everything to be completed by December 15th, 1891, if we mistake not--though our people not not expect impossibilities, and we we opine now that it may be delayed for a couple of months.

1891 Fayetteville Weekly Observer, September 10, 1891, Page 4
Water Works Again.  F. A. Snow, Esq., representing the National Water Supply and Guarantee Company, of Chicago, spent last Saturday in Fayetteville, looking over the field, taking measurements for pipes, etc., and left the following day for Philadelphia.  He will be absent a few days, and on his return will be active operations on the Fayetteville Water Works.  He took occasion to speak flatteringly of the possibilities of the town, from more than one standpoint, saying he regarded it as possessing advantages for a sale and remunerative investment of capital, that few towns in the South could boast of.

1891 Fayetteville Weekly Observer, November 12, 1891, Page 4.
Water Works.--Col. Gardiner, of the National Water Supply and Guaranty Company, spent a few days here this week and last, accompanied by an expert engineer from Pittsburgh, and gave satisfactory assurances that operations would be commenced on the new Water-Works plant in a few days, whereupon the commissioners in special session granted an extension of time for the completion of the same.  Capt. J. D. McNeill, chairman of the water-works committee, is our authority for the statement that all doubts as to the intent of the above-named company to construct in this city a first-class system of water-works have been removed.

1891 Fayetteville Weekly Observer, December 2, 1891, Page 3.
Notice of Incorporation.  North Carolina, Cumberland County. In Superior Court, December 2, 1891.
Notice is hereby given that that Fayetteville Water and Supply Company has this day been duly incorporated by and under the laws of North Carolina; that the business proposed is to supply and furnish to municipal and private corporations, firms and individuals water and power for hire and regard, and for the purpose to construct, establish, maintain, and operate at or adjacent to Fayetteville, N.C., a system of water works with necessary and appurtenant plant, machinery and appliances for the supply of water and power, and its transmission and distribution to such points of use and supply thereof as they may see proper; that the duration of the corporate existence is sixty years; that the name of the persons who have subscribed the capital stock of the corporation are as follows, viz: John M. Gardner, T. D. McGlassor, and J. D. McNeill; the amount of the capital stock is one hundred thousand dollars, to be divided into one thousand shares of one hundred dollars each.  No shareholder will be individually liable for the debts of the corporation.
In witness whereof, I have hereunto set my hand and affixed the seal of my office, at office in Fayetteville, N. C., December 2nd, 1891.  Chas. G. Cain, Clerk Superior Court, Cumberland County, N. C. Dec. 3. 1891.

1892 Fayetteville Weekly Observer, January 14, 1892, Page 3.
Water Works Again.  Regarding the Fayettevile water-works, and the early construction thereof, we are happy to state that a portion of the material, such as valves, hydrants, pipes, etc., have already arrived, with others to follow, and the work has practically begun.

1892 Fayetteville Weekly Observer, April 14, 1892, Page 3.
About the Water Works.--By their failure to comply with the contract, to furnished the town of Fayetteville with a first class system of water works in a given time, the National Water Supply & Guarantee Company of Chicago forfeits its bond of $5,000, to the town, and steps have already been taken by the Mayor and Commissioners to collect the amount at once.  Capt. J. D. McNeill, who has been zealous and untiring in this efforts to secure for the town a more thorough system of water works, relaxes none of his efforts in that direction, however, and is in correspondence with another corporation, looking to the early construction of the plant.  Meantime our people will wait developments.

1892 Fayetteville Weekly Observer, December 8, 1892, Page 3.
Water Works Assured.--Capt. J. D. McNeill informs us that the committee appointed to secure water works for this city has closed the contract with Messrs. Ferris and Richards of Jersey City, N. J.  This firm, than which we understand there is no better in the country, have filed the necessary bond and will commence work very shortly.

1892 Durham Globe, December 19, 1892, Page 4.
Fayetteville -- Water Works.--Messrs. Ferris & Richards, of Jersey City, N. J., will erect water works at Fayetteville.

1893 The Wilmington Messenger, February 4, 1893, Page 3.
Mr. C. H. Shumann, engineer in charge, has arrived and begun the preliminary surveys for the Fayetteville Water Works plant.

1893 Fayetteville Weekly Observer, March 2, 1893, Page 3.
We hope that the Water Works will not deprive us of the Fountain Head water, which we think is the purest in the state.

1893 The Wilmington Messenger, July 11, 1893, Page 3.
Fayetteville's water works have been completed and accepted.

1893 The Wilson Advance, November 30, 1893, Page 3.
The Fayetteville Water Works Company is putting in an electric light plant, and will illuminate the town, the old contract having been canceled.

1894 "Manufacture, Use and Tests of Wooden Pipe," by George L. Wells, St.Louis, Mich., Proceedings of the Michigan Engineering Society, 15:99-113. (1894)
Pages 99 and 109:  [Information from S. W. Tillinghast about condition of wooden water pipes installed more than 70 years before.] 

1896 Fayetteville Waterworks Company v. S. W. Tillinghast, 119 N.C. 343, November 25, 1896.  North Carolina Supreme Court, September Term, 1896.

1896 Sanborn Fire Map of Fayetteville, January 1896

1897 "Fayetteville," from Manual of American Water Works, Volume 4

1899 An act to authorize the city of Fayetteville to establish and operate a system of waterworks and sewerage, and to issue bonds therefore. March 6, 1899.

1899 Fayetteville Observer, December 12, 1899, Page 4.
To Users of Fountain Head Water.  The management respectfully request consumers to pay their rent upon presentation of bill as money is much needed to put the works in a position to improve good service. We would again impress upon you the necessity of meeting faucets closed to prevent waste.  Fayetteville Water Works.

Fountain Head Water.  We would call attention to the notice of the Fayetteville Water Works in another column.  It would be a matter of great importance to every citizen in this community to see that this most excellent water is not lost to us through indifference on their part to pay their rents and otherwise observe the regulations.  We all know how important it is for any community to have a supply of pure water and the management should receive the hearty support of us all.

1900 Fayetteville Observer, February 17, 1900, Page 2.
Chamber of Commerce, Report of Committee on Waterworks and Sewerage.

1902 The Charlotte News, May 6, 1902, Page 3.
Fayetteville--Two-sevenths of the old Fayetteville Water Works Company, commonly known as the Fountain Head Water Company, the property of the late Willard Tillinghast, Esq., were sold at public auction today at 12 o'clock. Capt. E. R. McKethan securing the same on a bid of $600.  The bidding was quite spirited between several parties and attracted some little attention.
This is one of the oldest water companies in the State, being chartered some time in the thirties.  The water, which flows through pine logs from the Fountain Head Spring and lot in Haymount, has often been analyzed and pronounced especially pure and wholesome.  For many years it was the only water supply along our streets, running down as far as liberty point.  There are also several large reservoirs which were kept full and used in time of fire.--Observer. 

1905 City of Fayetteville vs. Fayetteville Water, Light and Power Company, 135 F. R.400, February 19, 1905. | Also here |

1905 An act to create a Public Works Commission for the City of Fayetteville.  March 4, 1905.

1912 Reports of the North Carolina Geological and Economic Survey, Volume 3.
Page 395:  Fayetteville has two systems of waterworks owned by different parties.  The water from one is taken from springs on Haymount Hill and distributed through town in hollow logs now replaced by iron pipes.  This system is owned by the Fayetteville Water, Light, and Power Company.  The second system is owned and operated by the city.  The source of supply is a sandhill stream (Cross Creek) rising from springs in the woods.

1921 Fayetteville Observer, July 9, 1921, Page 4.
Fayetteville's "Fountain Head" Water System

1950 The Story of Fayetteville and the Upper Cape Fear, by John Alexander Oates
Page 216-217:  FAYETTEVILLE'S WATER SYSTEM  It is a far cry from the old pine log water system of 1820 to the present system of 1950--130 years. The old log system was limited. It came down Hay Street with iron pipe outlets to private consumers and to taps on the streets. Consumers who did not have a private line from the logs paid 25 cents a month for a key to open taps and carry the water away in buckets. There were also wells along Hay and Person Streets where water was stored to use in case of fire. When the water in a well was exhausted the Fire Department was helpless. At times they ran the hose to Cross Creek and pumped the water with the fire engine directly on to the fire. Most of the water used in the city, however, came from springs and shallow well pumps. This situation operated until 1893, when work began on the Public Water Works system on March 1 of that year. A dam was constructed on Cross Creek, machinery installed and water power raised.
The water plant, now owned by the city, is operated by the Public Works Commission; this commission also operates the sewer and electric light system. The city also owns an emergency plant but the current is now purchased at a bulk price from the Carolina Power and Light Company and is sold at a profit to the individual consumer. The Public Works Commission turns in a good profit to the city of Fayetteville. Under this system every household in Fayetteville that uses water and electricity helps to pay the public taxes.
Among the old springs was the old Cob! Spring on Cool Spring street, Scotch Spring on Maiden Lane, Forester's Spring near where the creeks then crossed each other, Robinson Spring back of the Davidson H. Ray residence on Rowan Street and another Robinson Spring on what is now called Monticello Heights.

HISTORY OF THE FAYETTEVILLE WATER WORKS By Robert H. Dye, Attorney
On 7 December 1892 Fayetteville granted a franchise to Garwood Ferris and H. DeC. Richards which afterwards was incorporated in New Jersey as the "Fayetteville Water, Light and Power Company" with an option to the city to purchase the property at the expiration of ten years after completion of the waterworks at a valuation to be fixed by appraisers. The city gave notice of its intention to avail itself of this option more than a year before 1 July 1903 and appointed L. A. Williamson as its appraiser to value the property and W. L. Holt was appointed as the other appraiser and they chose W. F. Robertson as the third appraiser, the three fixing the value of tho water works plant at $79,000.00, and the Mayor and Board of Aldermen met, accepted the award and notified the defendant on 5 August 1903, and on 13 August tendered the defendant in his home office in New Jersey 79 one thousand dollar bills as the purchase money for the property and demanded  a deed therefor, defendant refusing, the city then tendered $24,000.00, the difference being accounted for by a $55,000.00 mortgage on the property and it agreed to assume this indebtedness. The city issued $100,000 worth of 30 year bonds December 1, 1905. Dr. H. W. Lilly was appointed receiver of the property. I. A. Murchison, City Attorney, and N. A. Sinclair represented the city. Rose and Rose, H. L. Cook and C. W. Broadfoot represented the defendant. The cause was removed to the U. S. Circuit Court at Raleigh and Judge T. R. Purnell referred the case to Hon. James E. Shephard, formerly of the North Carolina Supreme Court, as referee, who reported in favor of the city and judgment was accordingly signed, defendant giving notice of appeal in the U. S. Circuit Court of Appeals. James H. Pou also appeared for the defendant after the removal.
However, the Fayetteville Water, Light and Power Company deeded the property to the city 2l August, 1905, the city paying $24,000 in cash and assuming the $55,000 bonded debt, and also paying the actual cost of the extension of the water mains to Lakeview Cotton Mills.  The deed conveyed all of the defendant's property including lot No. 23 of the Arsenal Lands on the south side of the Morganton Road, Robinson's Pond on Cross Creek, the mill site, dam and land inside the high water mark, 3217 acres above high water mark and the Nott Mill land of 55 acres on Little Cross Creek, now known as the Kornbow Pond.

1991 Lash (or Loesch), Jacob by William S. Powell, ncpedia.org

2015 The Architecture of William Nichols: Building the Antebellum South in North Carolina, Alabama, and Mississippi, by Paul Hardin Kapp | Also here |
Page 119:  [William Nichols' son] Samuel managed William, Sr.'s half interest in the Fayetteville Water Works. On October 19, 1827, Nichols conveyed the other half interest in the waterworks to Hugh McLaurin for two thousand dollars.  From 1827 until 1832 Samuel managed William, Sr.'s interest in the waterworks. ... On December 7, 1832, Samuel Nichols sold his father's interest in the Fayetteville Water Works to Williamson Whitehead for $1,950.



2015 Morris A. Pierce