Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1897-07-15
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T E"IT|"" M
action taken with regard to the water
question at Clayton.
W, g. Hayden read a contract between
the county commissioners and the Agus
Pura company, and also. the order OF cour
restraining the city from enforcing tn.
water ordinance until q full hearing OF th,
case was had before the master in chan
cary. Redmond .McDonagh. Mr.. Haydor
prefaced his remarks with thu
was the basis on which the order or
court was granted.
District Court, Fourth Judicial District.
TERRITORY on New MHxIco, [
County Of q Miguel.
The Aqua Pnra Company OF Las
Vegas
VS.. mo.
The May or and Board Of Alder
men Of the City Of Las Vegas
This cause came on this day to be heard
upon the application OF complainant for a
temporary injunction as prayed for In the
bill Of complaint filed In this cause, and the
court having considered the said bill. the
afidavits In support thereof, and the af-
and cross-bill filed by the defendants, they
being treated as afadavits, and after hear.
ing A. A Jones Esq. OF counsel for the
o. mplaipsnt. and Il v. Long and W. y.
Hay0on Esqrs., solicitors for the.defsndants
aud the court being now fully advised Ia
the premises:
tits ordered, adjudged and decreed by
the court, thai the said defendants the
Mayor and Board Of Aldermen Of the City
OF Las Vegas, their attorneys, councillors,
and servants and employees, and each and
every one Of them, DO aid they hereby are
restrained and epjoined from enforcing or
in any manner attempting TO enforce that
and Board Of Aldermen OF the City OF Las
Vegas, Of the date, June 18th, 1897, made
under the style OF the city council Of the
city OF Las Vegas attempting to fix rates
o be charged by the Aqua Pura company
| Of Las Vegas for water supplied by It; ana
also the said Ordinance No. SO. pass d by
| the said Mayor ard Board Of Aldermen OF
the city OF Las Vegas, acting under the
style of the city c0uncii Of the city of
Las Vega, on June 9th, 1897, and
from In any manner attempting co en-
force the same or either OF them. or from
institutipg, prosecuting, aiding, abettipg
or ooupsell.ng any suit or proceeding
against the said Aqua Pura Company
of Las Vegas, or its agents. based upon
said resolution or ordinance. or from at
tempting TO prevent the Aqua Fura eom-
pany of Las Vegas from collecting the
IuOn6lt uuo, VI W bDCOuC Qu0 W tSgAAoni W.
consumers for water supplied them und.r
the rates now charged by said Aqua Purs
company OF Las Vegas, until the further
order Of this court.
1t is further oriered, adjudged and de-
creed by the court that Redmond Nc
Donagh Esq, be and be is hereby appoint
ed an Ia said cause, to take teer
timony on the part Of complainant and
of the defendants, touching the question az
to whether the complainant company is
complying with that certain contract
made and entered into by and between the
board of county commissioners of the
county of San Miguel and Territory of
New Mexico, as the party Of the first part
and the Aqua Pura COMPANY Of Las Vegas
of the second part, bearing date the goth
day Of December, A. ID. 1880, In respect to
the particular part of said contract, which
is set forth in the clause of said contract
as follows:
the said town Of Las Vegas, nor any per-
son, body, corporation, society, or firm
more than the rates usually charged and
paid In other cities In the United States
under like conditions and circumstances
for water and ike and similar facilities
for construction, operation and SALE"
Also the further provision OF the said
contract towit:
.And that the said company will at all
times furnish o full and sufHc-
lent supply of good water
und pure as the natural sources
to meet the reasonable demands OF said
town and It's suburbs. and Of its citizens
thereof, on the conditions herein stated, |
unless prevented temporarily by un-
avoidabls accident or causes beyond their
1t is further ordered, adjudged and de-
creed that the said examiner take testi-
mony as to whether or not the said Aqua
Pura company of Las Vegas Is charging
for water service in the city Of Las
to individuals, unreasonable
and exorbitant rates, and
as to the necessary facts to show to the
court what are and will be reasonable and
fair rates; and that the said examine
the net cost Of establishing and
operating the water plant OF the Aqua
Pura company, and also the annual In
come of the said company as derived from !
consumers; but all of such investi-
cation and inquiry shall only be made for
said has complied with the pro-
visions OF said contract.
This order with reference to the appoint
.ent of an examiner Is made with leave
counsel on either side to fle exceptions !
% such appointment, and counsel on
and pleadings in said cause with
-eference to msttsrs and things fled In !
aid cause as shall he deemed meet and ]
proper, and the appointment Of such ex- 4
lminer shall not In any way interfere
Dated this 18th day of July, A. D. 1897. :
THOMAS SMITH, I
Chief Justice, etc. Z
Tn court has not passed upon the legal q
ty of the city ordinance. neither has it /
upon the legality of the franchise I
let ween the county commissioner and the .
aqua Pura company.
The counsel for the city were taken at q
on arriving at Clayton as :
hey were taken W when the fran 7
hise was brought in as an argument :
gainst them, but Mr.. Hayden ex- !
ressed the belief that the court, ! :
Though seemingly inclined toward the :
vater company ut the outset, had acted 10 Y
very impartial manner at the consum-
ration OF the arguments. o
Councilmen Martin and Hill, who went a
yer to Clayton to watch the progress OF Q
expressed their gratitude to Judge o
,ong for the able manner in which he 81
andIed the argument for the city. while %
.ttorneys Hayden and Veeder enthusiast b
seconded their remarks. t.
After remarks by citizens aud the city Il
as to the quantity and quality Of "
service rendered, the citf- Of
sns OF Las Vegas, by the b
qua Pura company, Mayor Olney made OF
'me pointed remarks. He called to mind :
,e operation Of water companies In other
ties of the country n produced figures ,
I'D letters showing the relative cheapness :
I water service in other localities, SINH