Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-10-21
SEPARATE CORPORATIONS.
Boards OF Education Are Not Part Of
Municipal Corporations.


In the opinion handed down In case
No. sol, Water supply Company OF Albu
querque, appellant, VI. City OF Albuquer.
que and the Board OF Education Of the
City Of Albuquerque, appeliees, by AssO
eiate Justice McFie, and concufred In by
the other members OF the court, except
Associate Justice Crumpacker, who did
not sit In the hearing, the judgment Of
The district court OF BernalillO county,
from which court the cause was APP
pealed, was reversed and the case dis
missed at the cost Of the appellees.
This was an action brought by the city
Of Albuquerque and the board OF educa
ton Of the city OF Albuquerque against
the Water supply company OF AbuQuer-
que TO prevent the latter shutting of the
water from the public school buildings,
and alleges:
That the board OF education Ia a quasi
municipal corporation, created by virtue
OF the laws OF the territory OF New Mex.
lea for the purpose OF conducting and
carrying on the public schools within
the city of Albuquerque.
That under the terms OF the contract
entered into on the 18th day OF April, 1894,
between the city OF Albuquerque and ap-
p%ellant, the Water Supply company OF
albuquerque, for the supplying OF water
by the said water company 10 the city OF
Albuquerque, and by virtue OF a resOlu-
ton passed by the board Of aldermen OF
the city OF Albuquerque on the 7th day
OF February, 1898, the board OF education
claimed II wa entitled 10 use the water
for It's school buildings free.
After the passage OF the resolution of
the board OF aldermen on February Z,
S9S, the beard Of education paid for
water used by II up TO February l, 1898,
and on the 9Th day Of March, 1898. nOti-
fled the water company that II would not
pay for water used after February |.
1898. The water company thereupOn no.
titled the board OF education that In pur-
snance OF its notice that II would not
pay for water used by IL after said date,
said water company would shut OF the
water from the 3 chOol buildings. The
action was then brought and a tenn
porary injunction granted. Defendant
demurred 10 the complain, which de-
murrer was oyerruled and the injunction
continued. Thereafter defendant filed
an answer, and upon motion OF plaintiffs
inal decree WAS entered and appellant
granted an appeal 10 the supreme court.
In the opinion reversing the lower court
and Diminishing the cause, the court said
The public schools within the city of
Albuquerque. organized under the laws
OF 1891, are not city schools.
The board OF education OF the city OF
Albuquerque Is a distinct corporation for
school purposes. and Ia not a mere func-
ton or part Of the municipal govern
ment Of the city.
Under a contract by which the Water
Supply company OF Albuquerque agreed
TO furnish the city Of Albuquerque with
100000 gallons OF water every six
months for "city purposes" to by used as
the city council may direct, IL Is not a
city purpose TO furnish water to the
board Of education for the use OF the pub
lie schools OF Albuquerque, and where
upon the refusal OF said board TO pay fol
the water necessary for said schools
Injunction will not lie 10 prevent the
water company shutting Of the wateI
from the schools.
Childers & Dobson, attorneys for ap
pallsnt, WIN. d. Lee and Neill b. Field
for appellees.