The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-03-10
INJUNCTION SUIT.
A PATRIOTIC HOLDER OF CITY WATER
WORKS BONDS BRINGS A SUIT.
A Quixotic Tilt Against Granite Dam With
The Vain Hope That the City Can
Be Prevented from Complet-
ing Its Waterworks,


lowell of Pennsylvania, claiming to be
a holder of bonds of the Austin Water,
Light and Power company, suing for
himself and the other holders of
bonds, filed a bill in equity in the
United States Circuit court in this
city, seeking an injunction against
the city of Austin, it's mayor, city
council and other agents and en-
pIoyes, enjoining the city from build
ing its own water and light works and
for refusing to pay said water compa-
ny for water for the authorities of the
city.
The bill is quite lengthy and novel
in that it does not allege any actual
violation by the city of it's contract,
but predicates the suit upon the al
legged "avowed purpose" of the city
to violate it's contract. The
bill assumes that the contract be-
tween the city and the water com.
pany made in 1882, not only secures
the water company in the payment
by the city of the price agreed to be
paid for water for city purposes, but
that it secured the exclusive right to
the company to supply the citizens of
Austin with water, unless the city
would exercise it's right to buy the
property of the water company and
assume it's bonded Indebtedness.
Happily the constitution of the state
in force at the time the contract was
made renders all such contracts nuga-
tory, and if it were not so, and the
contract is to be construed as insisted
on by this bondholder, it
would have created a monopoly of the
business Of furnishing water to the
city from which the city could never
have extricated itself, for the privil-
eye of buying under such harsh condi-
tions could never be exercised.
The bill does not allege any default
on the part of the water company in
payment of interest on the bonds, and
as the bonds are not due it is difficult
to see what right of action bond
holder can have on contract between
the city and the water company. to
which the bondholders were not par
ties.
1t is believed by good lawyers that
this suit will never be prosecuted to
conclusion, as the positions assumed
by the bondholders has not even the
merit of being plausible. 1t is proba-
BILE that the suit Is filed only to make
a show of litigation to prevent Austin
from selling her bonds and will be
abandoned as soon as all arrangements
are made for completing the Austin
water and light system.
Should the suit not be abandoned it
cannot be brought up for t. ial before
the July term of court. In the mean
time the dam procession will continue
to move on aud the bands to play.
The loss of flesh is a trihe.
You think you need not
mind it.
But, if you 60 on losing
for some time or lose a good
deal in a short time, you are
running down. Is that a
trihe?
Get back to your healthy
weight and generally you get
back to health.
A book on CAREFUL LIv-
ING will tell you what it is to
get there, and when SCOTS
Emulsion of cod-liver oil is
useful. Free.
Scorr & BOVINE, Chemists, I37South 5th Avenue,
New York.
Your druggist keeps SCOTS Emulsion Of cod.liver
ol-all druggists everywhere do. 81.