San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-06-27
ALTGELT'S SUIT.
ITS EFFECT ON THE MUNICH
PALITY.
City Attorney BergstrOm Talks-He
Knew all the Time Ii Could
BE Brought.

The recent aspect Of the Altgelt in
junction suit against the city and wa
terworks company has excited con-
siderable comment among the legal
fraternity, though the majority alb
stained from expressing their opinion
Until they had seen the opinion of
Judge Hobby in full.
The first legal gentleman to have
anything to say under reportorial
persuasion was Mr.. Oscar Bergstrom,
the city's attorney. In response to q
question as to what he thought would
be the ultimate effect of the case il
Altgelt finally comes out on top, Mr..
Bergstrom said:
1.-THE effect will entirely depend
upon what view Mr.. Breckenridge
takes of the situation. / have known
all along that this contract between
the city and the waterw orks COM
pany, which was entered into during
Mayor Frepch's term of office, where
by the city agreed to pay between
$25, 900 and $50, 900 per year for water
for municipal uses, was illegal be-
cause the city bound itself to give
considerations it had no power to give,
and that the contract could be broken
at will by either party. If Mr.. Brack-
enridge loses his case, or arrives at q
conclusion that further legal proceed
tngs are undesirable he can say to
the city: There is no contract be-
tween US. If you want to use my
water you shall pay my price" He
could dOu BILE the price OF fire hydrants
from $50 per year, the present price,
and the city and private parties would
have no alternative but to pay what
was asked, and in view of these facts
L have come to regard this contract in
the same light as our jury system, I'M
desira BILE, but the best that can be
had. l refused to join in proceedings
to annul the contract when requested
to do so by Mr.. Altgelt. on the grounds
that the city had no means to pro-
cure better substitute and does not
propose to change from bad to worse.
Under the present course of getting a
case through the mills it is likely to
be three or four years before this case
or other of the parties. A new
trial cannot be he'd here until the
September term, and as appeal in
such an important case to the su-
preme court is sure to follow, it cam
not come up before that tribunal be-
fore April of next year, and final
Judgment will not be reached until
sometime in 1891 Meanwhile the
contract between the city and the
waterwOrks company still continues,
and the company will still be in the
enjoyment of its concessions and eX-
emptions. My plan of dealing with
the water problem is by cOndemning
the present plant and by paying the
owners a reasoable compensation for
the plant and a reasonable profit on
their investment. Let the city be-
come possessor of her own water
works system. like other towns Of
any size have done and are preparing
this the better. have not approved
ofMr "A ltgelt's comes, as if successful,
it will put the city in the hands of a
monopoly that could do some very
effective squeezing before it could be
gotten rid Of and therefore the city
should by all means consider the
project OF getting possession of sys-
tenn that 1t can call its own.
Mr.. Geo. W. Breckenridge, of the
San Antonio Waterworks Co., was
seen by LIGHT man yesterday as to
the decision OF Judge Hobby, in the
case OF Altgelt vs.. Water works Com
pany He said that nothing much
could be said or done upon the mere
synopsis OF the case, as published in
Wednesdays LIGHT, but the attor-
ney of the company had gone to Aus
tin for a transcript of the opinion.
He thought that if the synopsis went
to show anything, it showed that the
opinion was decidedly in favor of the
WaterwOrks company.
Mr.. Denman, of the firm of Denman
& Franklin, attorneys for Mr.. Brack-
enridge, leave this afternoon for Aus
tin to lay before the supreme court an
application for new hearing.