Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-21

'P' VIII "fu ACT III accordance with
its propos j. a1i execet4 the contract
and deliver Il" he r~e,a,Jr, I'll. an,o1Dt Of
ponds at the lime and in the manner ,,ro.
Vlded IN 5h,u contracts; that the sad CRY
S"uhcil was al the time Of the co,uutrnra-
H'eht OF this action attempting TO let H.
otnef persons the contract for he on
structi0n of said water sv.ten. in contro-
vention 81 its acceptance Of the hid of n
reiators. an! IilIt the said Council was
at the TIN" OF the comiueneenent of the
action IL .AW iree aud uuyeetiained II ea-
ecute tn" contract.
Upon the application, the alternative
writ OF nandatnus issued out Of The
court, to which the respondents an rered
IN effect, that on the 18th day of June
laS, the Reno Water, Land and Light
Company.a cOrporation. commenced an
action in the Second judicial District
Court ot Nevada against the respondents
as the CITY council or the City Of Reno
to restrai" and enjoin such Council from
entering INTO the alleged and
contract with the REALTORS and from Dro-
ceedlng further thercin; that upon the
hnalh hearing and trial Of said action inda-
ment was rendered by said court in favor
OF the said corporation on the 4th dav OF
August, 1888, by which judgment and de-
cree the RESPONDENTS We're forever re-
strained Il enj0ined from entering into
tne proposed alleged contract with rela-
tors, and from proceeding further in the
matter: that said Judgment, order and in
juncti-1 have mover been revoked or
modified and are now in full force and
plhalfil upon the respondents: that an
appeal mas been regularly taken from
said judgment and the same is now pend
Ing and undetermined in the Supreme
court. 1t ~ furthor shown by the return
and answer that the respondents denied
that the REALTORS D. or gave Thorn notice of
their acceptance of tho terms of the pre-
posed contract, or Of their desire to enter
INTO tie same. or OF their acquiesceaee in |
In or acceptance Of the modification
therenf' except, that on the 18th day OF
October. 1893. and long after the rendition
OF tho Judgment eet up. the REALTORS |
caused Il notice and demand to be seryed
upon respondents, a copy of which was
attached to the return.
1t IS further shown by the answer and
return, that the City Council OF the CITY
or Reno at a meeting held Oh the End day
OF November, 1898, adopted q resolution
TO the effect. that no further action should
% TAKEN by Ito City Council in respect
TO the niatttr Of receiving bids or pr,-
pessls iortsie construction of water works
1or SAID City untH the supreme Court of
the State o! Nevads had decided the mat
ter relating thereto then pending in said
court, 1t Is further alleged that the CITY
council nave at no time intended. nor do
they nov" intend, nor are they endeavor-
Ing to contract with any person or per-
sons Tor the construction Of water works
for sad city, nor will they enter into anv
such contract until the pending appeal
shall have been finally deter
H. t~c.ht"rs Iuterprsed a demurrer to
the aaNWer, but w Ito net deem it paces-
sary 10 consider separately the questions
presented by the same. but SUN
questions rs Tar - may be necessary.
VII be- ln'.;....H ta;etnfael i. t1oI |.
pa # ia. ,,-. tl~,n It's merits.
Cn~or tAo l.>..e 'utlc ~ tho uIeading<.
t - -. r .- r.r testimony of Air .
Sci so. d. ii III" REALTORS. that ho vl,
ga, Ill the t1"-tEns Of the cav Coun-I
ii r.! -: July =. !>'~. =, which The con .
r" ~ prspared ly M's>r-. To~rrey>ou d +
.".rrt.' Id. uIdcr the direction Of the ,
Of tn" CITY Council aIoptei ON ,
b md a'E al July, tr"~, and as SET out in {
h" p%otit5"n heroir, "a. read: and that. A. t
lie seul"r member Of he irm OF ~chaw, {
.ngr1,.l. hatcher & Company. the REALTORS i
,eEeih. III resi- oIse to q direct question u
rom Tie President of the ritv Council +
She terms Of the proposed con-
,
The action Of ohe Reno Water, Land :,
no Light Company ~. The City Count y
III to restrain 1t from entering into a conf I
ract tor the construction Of a system of f.
water works under the proceedings had +,
~ the council Tor that Purpose and uu- -
Ter which the r~elaters claim their rights l.
vas instituted on the 18th day Of June. +,
$50 That action was called for the hes r =,
ng Of the motion of The plaintiff f., 1
emporary injunction on the Ist d,v If =,
NY, 1899, at which time. upon statement, i,
counsel for the defendant. to the effect -
nat the fity Council did not intend to h
e cp; any of the bids in the form in a
which said bids were presented, but tina, :.
/ would probably enter into a contract ~
'ith some one of the bidders, upon the f.
asis Of the modification thereof, it was "
tlpnlated, that tho further hearing of the l.,
ct.on should be continued until further :,
riders; that the City Council before en- -
into or executing any contract for y,
no construction of a system of water :.
'orks should serve = opy Of such pro. -
osed contract upon the plaintiff: that the -
iai'ififi should within five days after ~
'Icn service institute such proceedings -
} restrain the execution thereof AZ if ~
lay be advised. and that after the conn.,. -
OF said proceedings the City >,
on''c'! would not take any steps. which -
'onid change the rights of the parties re- =,
SCf.tInU 1lIch cont roef ouC fLo $4,000