But they had not reckoned all the odds. The opponents of the ring, in this two-sided hold-up game, brought out another winning card. It was in the person of John P. Edgar, a citizen of Steubenville, Ohio, but the owner of property in the thirty-seventh ward, Pittsburgh, who entered suit in the United States Circuit Court at Pittsburgh for an injunction to restrain the recorder and director of public works from awarding the contract. The case was argued before Judge Buffington on March 3, 1902, W. B. Rodgers and George W. Guthrie appearing for the plaintiff, and Thomas D. Carnahan, city solicitor, for the city. Suit was based on the allegation that no estimate had been presented to councils for the whole cost of the improvement, and that the letting of this partial contract would be in violation of the new charter, which required that before any contract for public improvement could be entered into, such an estimate for the entire cost must have been presented. The city solicitor showed that an estimate had been made of the entire cost, but this estimate had not been made public or submitted to councils. Mr. Rodgers maintained that this estimate must be submitted to councils and approved by them. He and Mr. Guthrie also claimed that the contract should embrace the completion of the work. On March 13, 1902, Judge Buffington issued the injunction prayed for. The court held that the estimate of the whole cost, required by the charter, must be made to councils and become a matter of public information, and that such an estimate had not been made.
The machine was temporarily blocked, but five days after the injunction had been granted, the recorder instructed his director of public works to have blueprints, plans and estimates of the entire filtration system ready to present to councils at as early a date as possible, thus starting the necessary legal steps for placing a new contract. Within a month these plans and estimates, involving an expenditure of $3,635,500, were prepared and submitted to councils, and three ordinances for the letting of contracts were presented. The increase over the first estimate was explained as due to an increase in the number of services to be metered, and to a general increase in the cost of materials.
These three ordinances were indefinitely postponed, however, in councils, because more money for the construction of the plant under the increased estimate was not available.
The next hold-up came from the city controller, who on May 1, 1902, sent the following letter in duplicate to Recorder Brown and Director McCandless:
In view of the uncertainty attending the proposed filtration of the water, and the doubt as to the ultimate disposition of the matter by councils, this department desires to notify you that on and after May 10, no indebtedness against that appropriation for any purpose, except for labor or supplies previously furnished, should be incurred, as, under the decision of the court, there is now no authority for any expenditure for filtration purposes.
In the meantime, about April, 1902, and all through that summer, advocates of a mountain water supply were at work. At the same time changes in councils threw out of the Filtration Committee members favoring sand filtration and elected opponents of the plan to its membership. The result was that on July 21, 1902, an ordinance was brought forward authorizing the Filtration Committee to prepare, in conjunction with the superintendent of the Bureau of Water Supply, or some other competent engineer designated by the director of public works, estimates showing the entire cost of the installation of the proposed sand filtration plant. Early in January, 1903, this resolution had passed both councils. It was, however, vetoed by the recorder on the ground that it was unnecessary, the Department of Public Works, he held, having already furnished full estimates, in good faith, and being ready to assist councils further in any manner that might be suggested. The recorder added in his veto: "If the purpose of this resolution is ultimately to defeat the proposed plan of sand filtration and substitute therefor a system of mechanical filtration, I am unalterably opposed to it." An attempt to pass the resolution over the recorder's veto was made, but it failed for lack of the necessary three-fifths vote.
In the meantime an ordinance was presented authorizing a public election for a bond issue large enough to cover the difference between the amount of money then available and the amount required under the increased estimate. All that came of this was an inquiry by the sub-committee to which it had been referred as to whether the new estimate included coverings for the filter beds, and whether the South Side was to be given filtered water. After ten months' further delay, this sub-committee reported that the estimate did not provide for covered filter beds and that it made no provision for the South Side. Another year and a half had elapsed, with 650 additional deaths from typhoid fever; 1,250 to date.