Pine Bluff daily graphic., 1894-09-10

chises granted, mentioned and set out in sain contract, exclusively from about the - day of----1SS9, until the present time, and are now so occupying, using and enjoying tile same and pretending to operate the said water works.
 IT, The plaintiff states that since the construction Of the said water works in said city of Pine Bluff, and since the placing of it's water mains, l hydrants,pipes and other structures, machinery and devices in the streets, sidewalks and grounds of said city. as aforesaid, as permitted aud granted under said ordinance and contract, that the defendant, the Pine Bluff Water, Gas and Electric Iight.Com- pany have succeeded to the owner s hip of the said water works and plant, including all machinery, en- zines, boilers, stand pipe, towers, tanks, water mains, and all proper ty real and personal and mixed, heretofore owned by said Water, Light and Power company, in3lud- ing all rights, powers, privileges and franchises granted under and by vir- tue of said ordinances set out herein, and that said defendant is now and has been for months past pre- tending to operate and maintain q water works in said city of Pine Bluff, un- der and by virtue of said contract, and ordinances, as owners thereof, and as successors to the said Water, Light and Power Company.
 III. That the defendant in pur- chasing and becoming the owner of said water works. and plant and property and in purchasing the rights and privileges Of the said Water, Light and Power Company, granted by the plaintiff under said contract and in managing maintain ing and pretending to operate the same in said city of Pine Bluff, as a matter of law, was charged with q full knowledge of all the rights, de- mands and privileges te which the plaintiff was and is entitled and have a right to demand and enjoy, under and by virtue Of said ordi- nance and contract, and in becOm- ing possessed of and in becoming the owner of said property, water works plant machinery, rights and priyileg- es in said city, the defendant agreed as a matter of law, to faithfully keep and perform all requirements, condi- tfons, covenants and agreements set out and mentioned in said ordinan- ces and contract entered into be- tW cen the plaintiff and the said Water, Light and Power Company.
 " The plaintiff ayers that it has al all times, on its part, faithfully kept and performed each and every requirement., covenant and condition of said ordinances and contract, since the date of its passage and exc cution of the same between the par ties thereto and it's Successors, in cludiAg the defendant, and is now keeping and stands ready to keep and perform the same.
 V. That among other matters and things set out and provided and agreed to in said contract, it is made the duty of the said water company its successors or assigns, to keep all i fire hydrants rented to the plaintiff supplied with water and shall main tain them in effective working order, aad that such fire hNdrants shall supply or furnish to the plaintiff ef- 1 fective fire streams for eXtinguishin2 fires, and for flushing gutters and sewers through hose and fire noz- gle, without the aid of portable GIL zines. and that the chief of the fire department of said city of Pine Bluff or in his absance, the officer in charge thereof, shall have control of said
 ire hydrants; that said water com pany was gratuitOusly to furnish the plaintiff water for four drinking fountains for man and beast at foui
 public places in said city for the term
 of the contract under said Ordinan. ces; that the said city of Pine Blnt1
 and the inhabitants thereof and the
 adjacent territory should be sup
 piled with water by said water
 works company. and it's successors
 pumped from wells bored or driven
 in the ground not subject to sewer
 age polIuting from city drains, whicl
 water so pumped shall be so clarified
 by settlement or filtration, if needed
 for public or private uses; and tha
 if the water works company, aftel
 its completion, and ill operation shall make default of q supply o water for both domestic and fir' purposes for more than thirty days said water company shall forfeit al exclusive priyileges, and that tn r city of Pine Bluff shall take tempo
 rary possession of the works ant operate the same until insured tha ,. it will be successfully operated b, l the owners, and that any expens