The record-union., 1895-01-19
SUED FOR A FULL HALF MILLION.
What 1t May Cost the City for vioIat-
ing Contract.
Terms of the Complaint Filed by w
Z. Henry In the United States
Circuit Court.

There was fled yesterday in the United
States Circuit Court in San Francisco the
complaint of W. E. Henry, the present
holder of the contract between the city
and A. l.. Fish by the terms of which the
latter was to supply Sacramento with
pure, fresh water from subterranean
sources east OF the city. Henry sues the
municipality for S563, ,285 80 because Of the
refusal of the City Trustees to recognize
the contract.
THE COMPLAINT.
In the Circuit Court of the United States,
in and for the Ninth Circuit, \ orthern Dis
trict OF Calitornia.-W. L. Henry, plaint-
III, VS.. City OF Sacramento, defendant
Now comes the above-named plaintiff,
citizen Of the State of Nebraska, by
Johnson ~ Johnson, his attorneys, and
complains of the above-named defend
ant, which is a municipality in the State
OF California, in the Northern District
thereof, and for cause Of action alleges the
following facts:
That at all the times hereinafter named
the plaintiff was and he now is q citizen
of the State of Nebraska.
That at all the times hereinafter men
toned the defendant was and now is a
municipal corporation duly organized
under the laws of the State of California,
~
District of said State of California.
That on the llth day OF September, 1898,
the said defendant entered into q contract
in writing with one y. l.. Fish, in the
words and figures following, to wit:
THE CONTRACT.
This contract, made and entered into
this llth day of September A. d., 1898, by
and between the city of Sacramento, a
municipal corporation, the party OF the
first part. and A. L. Fish, the party Of
the second part. Witnesseth:
Whereas, the Board of Trustees of the
city of Sacramento did and do deem it
necessary Tor the interest and protection
OF the city at large. to obtain a new and
sufficient quantity of pure drinking water
for the use of said city and lis inhabt-
ants, and to provide Tor laying down a
main Tor supplying such water, and for
the purpose did duly pass and adopt an
ordinance and specifications on the Sth
day of August, 1893, numbered 3lS, in
words and figures as follows;
Ordinance No. 3IS-An ordinance call
ing a special election for the purpose of
submitting 10 the electors of the city of
Sacramento a proposition OF entering into
contract with 4. Il. Fish for supplying
the city of Sacramento with water and
laying down a main IN the city as pro-
yided by the specifications adopted by
the Board OF Trustees Of the city Of Sacra-
mentO.
Whereas, The Board of Trustees of
the city OF Sacramento did, on the 23d
Gay of June, 1888, by the unanimous vote
of all the members of said board, pass an
ordinance, which ordinance on the same
day was approved by b. \. Stelnman,
then and now President of said Board OF
Trustees and eX otficio Mayor Of said
city, which said ordinance was published
in said city, commencing on the 23d day
Of June, 1888, and daily tor nine days
fhpraaTTpr W ordinance
vided that bids would be received by
said Board of Trustees up to the hour Of
10 a. NJ. OF the oath day of July, 1898, at
which time bids would be opened and
declared for the purpose OF supplying the
city OF Sacramento with water and laying
down a main in accordance with the
specifications heretofore adopted by the
Board Of Trustees and on file With the
Clerk of said board; and, whereas, at said
time sundry bids were received, and a.
J.. Fish was the lowest and best bidder,
and said Board OF Trustees did and does
hereby accept his said bid. Now, the
Board Of Trustees of the city of Sacra-
mento ordain as follows:
Section l. That the said board deems
it necessary tor the interest and protec-
tiOn of the city, and Tor advancing the
interests of the city, to enter into con-
tract with said a. l.. Fish pursuant to
his bid, and to create the obligation
against the city arising theretrom. That
a special election be held. and the same
is hereby called in the City OF Sacra-
mento, State of California, on the Goth
day OF August, 1893 for the purpose OF
submitting 10 the qualified voters OF
said city the proposition OF entering into
ii contract with said y. l.. Fish for sup
plying the City of Sacramento and its in
habitants with water, and laying down
q main pursuant TO his said bid.
Section 2. That the cost TO the city shall
be 3 9-lO cents per thousand gallons for
each thousand of gallons delivered to the
city for the first 600, 100000 gallons, and
cents 1or each thousand gallons over
said zoo, zoo, 900, said contract to run for
q term OF twenty years from the date Of
the commencement OF the delivery OF
water Hereunder, the city to have the
option TO purchase the plant by arbitra-
tion at the end of said twenty years, and
il not SO purchased the contract to be re-
newed for further period OF five years,
with the same option of purchase, and ii
not purchased TO be renewed Tor a fur
ther term of five years, with a like
option of purchase, and if not then Dur-
chased the contract 10 be at end. The
minimum quantity 10 be furnished under
said contract and Tor which the city shall
be Obliged TO pay at SAID rate OF $40
cents snail be l,C0U, 100000 gallons per
annum. Payment for water To be made
on or before the 10th day of each month
for water furnished during the preceding
month.
section 3. Ballots to be voted at said
election shall be prepared, and the said
election held as provided in the Political
Code OF said State and the charter OF the
city of Sacramento.
Section I. Ballots for voting at said cleo
ton shall contain the following words ::
Proposed contract for supplying water
and laying down main. For contract
es For COntract-N o." And those cleo
tors voting for the said contract and obIi-
CATION shall mark Y opposite the word
'N esq; those voting against 1t shall
mark an Y opposite the word No"
Section >. The returns OF the Boards Of
Election Tor the several precincts of this
city shall be made To- the Board of Irus-
tees, which board at its session next after
the election shall canvass the returns
thereof, and if it shall appear therelrom
that the proposition has been duly car
Tied the Board Of Trustees shall there
upon enter into said contract.
Section Is. This ordinance shall be pub
lished in the EUeai2lg NeaCS, newspaper
OF general circulation, published III the
city. once a day for ten days and as soon
thereafter as convenient the said Board
OF Trustees shall publish notice Of said
election, wherein shall be set out:
!. The fact that such special election
will be held.
>. The date thereof.
J. The purpose for which the proposed
obligation is 10 be incurred.
+. The place OF voting in each precinct.
). The names of the officers selected
and appointed by the Board of Trustees
in each precinct to conduct the election.
The trustees of such election shall each
take the oath of Office as prescribed by law
tor general elections.
Section T. The polls shall be opened at
,,,.1oo inf ti,ar NOR q M Oh