Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-10-19
SEPARATE CORPORATIONS.
Supreme Court Has Decided That Boards Of
Education Are Not Part of Municipal
Corporations An Important

In the opinion handed down in case
No. sol, Water Supply Company of AL
buquerque, appellant, VS.. City of Albu-
and the Board of Education of
the City of Albuquerque, appellees, by
Associate Justice McFie, and %concurred
in by the other members of the court,
except Associate Justice Crumpacker,
who did not sit in the hearing, the judg-
ment of the district court of Bernalillo
county, from which court the cause was
appealed, was reversed II the case
dismissed at the cost of the appellees.
mis- was an action brought by the
city of Albuquerque and the board of
education of the city OF Albuquerque
against the Water Supply Company of
Albuquerque to prevent the latter from
sh lifting off the water from the public
school buildings, and alleges:
That the board of education is a
quasi municipal corporation created by
virtue of the laws of the territory of
New Mexico for the purpose of conduct
ing 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,
1884, between the city of Albuquerque
and appellant, the Water Supply Com
pany of Albuquerque, for the supplying
of water by the said water company to
the city of Albuquerque, and by virtue
of a resolution passed by the board of
aldermen of the city of Albuquerque on
the 7th day of February, 1898, the board
of education claimed it was entitled to
use the water for it's school buildings
free.
After the passage of the resolution OF
the board of aldermen on February 7,
1898. the board of education paid for
water used by it up to February l, 1898.
and on the Sth day of March, 1898, noti-
fled the water company that 1t would
not pay for water used after aid Feb
ruary l, 1898. The water company there
upon notified the board of education
that in pursuance of it's notice that II
would not pay for water used by 1T
after said date, said water company
would shut off the water from the
school buildings. The action was then
brought and a temporary injunction
granted. Defendant demurred to the
complaint, which demurrer was over
| ruled and the injunction continued
| Thereafter defendant filed an answer
and upon motion Of plaintiffs inal de,
cree was entered and appellant granted
an appeal to the supreme court. In thu
opinion reversing the lower court ant
| dismissing the cause, the court held:
The public schools within the city Of
| Albuquerque, organized under the avs
| of 1891. are not city schools.
The board of education Of the city OF
| albuquerque is a distinct corporation
| for school purposes, n Is not a mere
| function or part of the municipal gov.
| ernment of the city.
Under a contract by which the Water
Supply Company of Albuquerque
agreed to furnish the city Of Albuquer
que with 49, 900, 900 gallons Of water ev
cry six months for 'city purposes tt
be used as the city council may direct
it is not a city purpose to furnish waite
to the board of education for h use o
the public schools of Albuquerque, an
w]hereupon the refusal of said board t.
pay for the water necessary for SAT-
schools, injunction will not lie to pre-
vent the water company shutting of
the water from the schools.
Childers & Dobson, attorneys for APP
p%ellant, VIM. D. Lee and Neill b. Fiel'
for appellees.