The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-08-07
VICTOR MATHER PERIODICALLY STEPS
TO THE. FRONT AND CALMLY
FILES A SUIT.
He Alleges That the Whole lDam Business
is Wrong and That the Mayor and
Other Distinguished Citizens
Are Posing as Able Con-
spirators,


of the Austin Water, Light and Power
company, through his attorneys,
Sheeks & Sheeks, filed q suit in the
district'court against Mayor Melon
aid, the Board of Public Works and
Engineer Frizell.,
The petition covers fifteen type
writer pages, and among other things
sets out in substance the following:
The petitioner is citizen of Austin
and owns property therein which he
describes. He alludes to the popula-
ton and present debt of the city
which he says is $125,OOO, of which
S72. 800 bears interest at the rate OF
10 per cent per annum, and $52,5Oo
bears interest at the rate OF per
cent, the annual interest being $lO, 4Oo.
besides $1,000 sinking fund, making
the sum of $13, 200 per annum the city
is legally bound and obligated to pay
by taxation.
He then sets out pretty fully the
contract with the present city water
company and says the rights and
liabilities under said contract were in
tended to run for twenty years unless
sooner extinguished by purchase, the
said contract providing that the city
of Austin shall have the right to
acquire by purchase and become sole
owners of said water works at the ex-
piration of ten years or any time
thereafter by giving one years notice
of such intention and upon paying
therefor to the owners thereof the
val e of said property to be as ascer-
tanned by appraisal the manner OF
which is provided in said contract.
Petitioner says further that by and
under the contract with the Austin
Water, Light and Power company the
said city is bound Except in the event
of purchase) for a period of forty years
from the date of said contract to con-
tinue to take water from the same
company and to pay said company the
sums OF money annually in said con-
tract specified, that should said city
comply with said contract and at the
same time erect the system of water
works, among other things, by said
city now contemplated, the said city
would have two complete systems OF
water works for supplying her citizens
with water, and utterly useless second
system, or should said city of Austin,
as under said contract with said COM
pany she is authorized to do, en-
deavor to purchase said system of
water works, etc., from said Water,
Light and Power company; she will
be utterly without means to pay for
the same, having exhausted her funds
and already virtually reached the
limit of taxation allowed by the con-
stitution.
Petitioner says further that it is a
act that the Colorado river is, under
the laws of the state of Texas navi-
gable stream, and that the obstruction
of the same in the way proposed is an
offense against the laws of the state
that in carrying on said work as pro-
posed each individual concerned in
the actual labor of damming said
stream will be liable to prosecution
and punishment therefor; that there
is no power in the said City of Austin,
% City Council or its Board of Public
Works to obstruct the course of said
stream, and that said enterprise as
proposed is illegal and wrongful
therein.
Petitioner says further that said
city of Austin has acquired no rights
in the property Immediately adjoin-
ing and lying about the site of the
said proposed dam, and is now pre-
pairing illegally ane wrongfully to sub
merge the lands to the damage and
loss of such owners, thus exposing
herself to suits for damages for tress-
pass and the destruction of the value
of said lands.
The petitioner then alludes to the
contract for electric lights and AYERS
that the defendants, especially Mayor
Mcdonald, wrongfully, with the in
tent to induce the citizens of Austin
to enter upon speculation, wilfully
and falsely represented to the citizens
of Austin that the city was paying
more for water than was right, just
and reasonable, and that the said city
is needing more water and light, he
the said Mcdonald, then and there,
well knowing such representations to
be false and the truth being as he
we'll knew that such was not the case.
He then says that the power to be
created by said dam is far beyond that
needed for the producing of water and
light for the city, and intimates that
the city cannot legally create such
power for speculative purposes. He
refers at length to Engineer Frizell's
report, and alleges that he and Mayor
Mcdonald and others composing the
board of public works have entered
into a conspiracy purely speculative if
not absolutely hurtful to the city and
citizens thereof
He then hits the board of public
works whack, aud says they have
expended wrongfully and illegally the
funds OF the city, and have issued and
caused to be sold 500, 900 of bonds, all
of which is wrongful and illegal.
| Eurtbar Y1otitiopar a11aoaa tbaf ho