The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-07-13

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charter for the accomplishment and
carrying out of said purpose and that
for during the entire term of so years
from and after the Goth OF May, 1875,
it would supply all the citizens and
inhabitants of said city and it's vicini-
ty with water for private and public
use at q reasonable rate and for just
and lawful compensation without
making unreasonable discrimination
between or among said parties Not
withstanding those requirements the
water company did On the 2Sth of
June, 1887, unlawfully and without
warrant from it's charter undertake to
sell, transfer and convey all OF its
properties, etc, 10 company known
as the Austin Water, Light and Power
company. City Water company at
this time did unlawfully attempt
to convey to the Austin Water
Light and Power company
all its property rights, privileges and
franchises, and divest and rid itself of
its legal obligations and duties due
and to the state and to the
public, and in particular to the city of
Austin and the inhabitants thereof.
That said Austin Water Light and
Power company, the pretended
grantee, vendee, assignee and trans
feree of said City Water company with
a full knowledge and consent of the
said City Water company, its officers
and agents, has continuously with its
and their active cooperation and con-
currence held unlawful possession of
said property from said 28th day of
June, 1887, and still continues to hold
and possess the same City Water COM
pany, wilfully and designedly vio-
rested to the state of Texas and the
public generally, and especially to the
city of Austin and the inhabitants of
said city, and did wilfully and de-
signedly absolutely and entirely dis
able and incapacitate itself from in
any reasonable manner, or in any wise
or to any extent complying with and
dischargiug the legal duty, obligation
and contract resting upon it, as afore-
said, to supply the city of Austin and
it's people with water for plblic or
private uses since June %, 1887,
said respondent has not had and has
not now in it's possession or under its
control any system of waterworks
plant whatsoever. X \ Il There.
fore, your relator says that the re-
spondent, the City Water company,
by its own wilful and unlawful ac.
tions hereinbe enumerated has
abandoned the purposes and object
for which 1t was incorporated, has to-
tally incapaciated and disabled itself
from carrying out the same and from
complying with its legal obligations
and duty to the state and public so tc
do, and has thereby forfeited its right
to exist as corporation or longer tC
enjoy or exercise any of its rights
powers, privileges, franchises or i'm
munities conferred upon it by it's
charter or acquired hereunder
Your relator further desires the court
to understand that the charter of said
company, as amended, requires an.
nual meetings of its stockholders and
board of directors to be held in the
city os Austin on the first Tuesday il
each and every year. That they
have not held any such meeting since
the year of 1887, when the last meet
ing by either the stockholders oi
board of directors was held for the
unlawful purpose of attempting tc
make the unlawful disposition of the
properties and franchises of the City
Water company.
That since said meeting there has
been no meeting, regular, called ol
special either of the stockholders or Of
the board of directors. That since the
time just specified neither the City
Water company nor its officers have
exercised any supervision or care ol
control of the property, but on the
contrary they have wilfully neglected
to attend to its affairs. Wherefore
your relator says that for this cause