Pine Bluff daily graphic., 1894-09-10
SUIT FILEO,
[coNrlNuEs FROM FIRST rAeE.l

and great peril and danger to the public health of con sumers and inhabitants of said city, 1 as che plaintiff ayers and verify be- lieves. And that unless the defend- ant is enjoined from so doing, this water will be thrown into the water mains, hydrants and ] pipes.
 Tx. That the defendant has been repeatedly notified by the plaintifl | through it's officers and agents of its several defaults. neglects, and fail ures, as herein set out and mentioned and has been requested to keep and perform its said contract, but all such notices and requests have been disregarded by the defendant and its predecessors; and plaintiff charges that the city council, of the city of Pine Bluff, on the 20th day of August, 1891, at a regular session thereof, passed and adopted d series of resolutions declaring the failures of the defen liant and it's pred ecessors, as owners and operators of said water works to keep and pes form the said contract, wherein it was fully notified of the default and neglects in that respect, and caused a copy Of said resolution so adopted and passed by the said city council to be served upon the defendant. A copy of said resolutions and notice so served on defendant, together with the return of the offi- cer serving the same, is hereto at tached marked Exhibit A, . and is prayed to made part of this com plaint
 And plain tiff says that at the time of the passage and adoption of the said resolution by the said city council, that the defendant by its agents and attorneys were present, and had and received full notice of the complaints of defaults. as herein mentioned and stated. The plaintiff tAtIH+N th@ 1IldL uAltlGi4 SGAiAI INtl u att , ill case of default by the defendant, SIS alleged, as aforesaid, that it is en- entitled to the possession of said water works, plant. machinery and d! other prope.t .ty, real and personal belonging thereto, and have the right to hold and keep same under the conditions and terms as is provided in the contract, and so be- iieying, and to that end, and after said defendant had received the mo- tiees aforesaid and had failed to in any manner comply with and per form its said contract, and after the tima mentioned in said resolutions fer demand had duly passed and after the Board of Public Affairs had made report, to the city council that defendant continued in it's failure to keep and perform its said contarct copy of which is hereto attached marked exhibit ''B ? the plaintiff,on tie - day of September, 1894, through its Mayor and Chief of Police, made demand of the defend- ant, the Pine Bluff Water. Gas and Electric Light Company, for poses sion of the said water works, engines boilers, machinery and plant in said city and that possession was refused the plaintiff by defendant. A copy of the demand so made and the re- turn of the officer serving the same is hereto attached and prayed to be made part hereof, markeds Exhibit C."
 x. The plaintiff states that for the many wrongs and injuries herein complained of, and for the rights to which the plaintiff is entitled, the law furnishes it no adequate remedy and plaintiff is advised that it's only rememedy is be found in court of equity, and expressly so, since the plaintiff is informed that defendants property in this state is heavily in- cumbered.
 XI. The plaintiff states that the defendants power house, water tower, pumping machinery, wells, etc, is located on lots3 3 and in blk IA and on the south < oflot , in block r Wo0druff's addition. west to the soid city.
 XII The premises considered. the piaiutiff prays for process, and that the Pine Bluff Water, Gas X Electric Light Company be made a defend ant hereto, and that defendant be temporarily enioined ana restrained from placing the said waters from thu Arkansas river into it's hydrants and mains, provided the cout shsuld be of the opnion that the same would be dangerous and injurious to tic public health of the city of Pine Bluff. And the plaintifI also prays that upon the final hearing if the court decree that the possession of the said water works plant in said city, including lis grounds. wells, towers, tanks, engines, boilers, machinery. hy- drants, mains. pipes, and all other fixtures and structures and other