The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-07-13
WE ARE OFF.
1T NOW REMAINS TO BE SEEN WHO
WILL SCORE FIRST.
The State and the City Both File Papers
Yesterday and in Both Cases the Water
and Electric Light Company is
Made Defendant.

tree for sometime, and having fully
ripened yesterday it was plucked
and handed round to the assembled
multitude. Like the apple in the
garden of Eden this fruit caused man
to sin. 1t did not cause all to sin, for
there were some present that were
pure and that knew not sin or what
its features were like. In fact, there
were many of this kind present. Yet
skirting on the outside circles of this
vast throng of eager expectants
there were few lowering brows and
deep mutterings of dissatisfaction
and chagrin. These latter named
personages had good cause to feel
that their day of trials and tribula-
ton was at hand. Like
unto the down trodden slaves
that yield for many a.
day to the cruel lashes of beastly
master and finally rise and rebel. so
did the citizens of Austin declare their
independence yesterday by the filing
of a petition against the water COM
pany that is the first step look
ing to final and lasting release from
tho yoke that has been thrown around
their necks. A general review of the
state of affairs at this particular time
is but proper that the keople may un-
derstand fully what is being done in
their interests, hence for
BRIEF RESUME.
The situation as it now stands is
this: Saturday night at midnight
Messrs. Holt and Ogden in behalf of
the Eastsrn stockholders of the Aus
tin Water, Light and Power company
and also the old company, filed a pc.
tition with the clerk of the United
States court, praying for the appoint
ment of receiver to take
charge of the plant in
this city. Immediately after
the petition was flied the bill wss
withdrawn though the petition was
still on record, and Mr.. Holt left Sun
day morning for Dallas, where he
went to see Judge Mccormack reia-
tive to getting him to appoint a re-
ceiver. sunday passed, and With the
decline of the sun in the western sky
the first rumors of the midnight meet.
ing of the night before became known
| to few. Early yesterday morning
District Attorney Burleson appeared
before District Judge Robertson and
filed papersin nature OF quo warranto
on behalf otthe State of Texas ex rel.
Frank Hamilton. This petition briefly
cited here and given at length below
| charges that the Austin Water, Light
| h n
exist, having forfeited their charter,
and further requests that the entire
plant owned and run by this
company be placed in the hands of a
receiver. Again last afternoon at 5
O'Clock City Attorney Pendexter and
Messrs. Fisher & Townes, special
attorneys for the city, filed with the
district clerk papers in the nature of
an injunction restraining the City
Water company from the fur
ther use of her streets for
purpose of laying water pipes. This
| Injunction is also briefly cite0 below.
Thus in brief is given tie situation
as it now stands. The object of the
city is to refute the assertions now be.
ing made by the City Water company
that they have right of way through
our streets.
The water company hold that the
tockholders in the present company
are also members of the old company
and instead of filing an amendment to
their charter when they added electric
| lights to their old water works simply
! took out new charter in preference.
| AS regards the charge of eXtortiOn on
the part of the water company 1t may
be W eli to state that the charters on
| file in the secretary of states office do
not provide any stipulated rates to be
charged for water, and while it is only
too true that the rates at present are
exhorbitant, it would seem from the
| charters that the water company Is
not required to furnish water at any
stipulated price. AS to the resultant
of what all this dipping in the courts
may ba, time alone can tell, but TO
deal with the present, and what was
done yesterday, your attention is
| called TO
THE FIRST PETITION.
To the Hon Jas H. Robertson, Judge Fifty
third Judicial District.
And now comes A. s. Burleson,
district attornyy Twenty sixth judi
| cial dis rict. ard presents /. ,he court
| the affidavit f .-a - n:'' ~ aI~
an informAtin', - "a
warranto ag'r '.'
company and 49,
| him leave H. 60.
Said affidavls 'tt
| arr herewith i'-'. ~
and aSHed 90
| N t,ig N