Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-23

IT'S prop 'N.- . nd cEac!t. fl. rnn.r,a.
and dti:''r },' he realtors the a;iot,nlo
bonds q. IL. timeand in the ~I,o.
Vided III said contract; that the said y,ty
Counci! was at the time ofthn cr,llu,pnc.-
ment OF this action attempting TO let 10
otner persons the contract for the con
structlc.. OF said water SYSTEM in coptr,-
NehtloE If is acceptance Of the bid of
REALTORS, and t,lat the said Council WAS
at the t'tlG of the runlulencement of the
action IL ltw free and unrestrained to cx.
eCute Il . Contract.
Upon the application, the alternative
writ OF mandamus issued out of the
COURT t. which the respondents aus wered
IN effcyt. that on the 18th day of jane,
1898, til Reno Water, Land and Li.ht
compahy,a corporation, commenced ali
action IN the Second judicial District
Conrt q HtEada against the respondents
as the ftty Council Of the CITY of Reno
10 restI,.n and enjoin such Council from
ehteri.S mo the alleged and proposed
contrayt with the s~eiatnrs and from pro-
ceedius farther .Ae!e.n; that upon the
hnal hearing ana triai Of said action iudc-
N't - go Abhtc1IHA ~ Sllu ciglIl II! favor
OF the aid corporation on the lth aav Of
augu>t, leFS, hy which Judgment and de-
cree the respondents We're forever re-
strain q and enj0;ned from entering into
the pr posed alleged contract with reia-
tors, and from proceeding further in the
matte hat said Judgment, order and i'll
Junct' y have never been revoked or
modified aud arc now in full force and
olilali! upon III: respondents: that Nh
aPpea1 has been regularly taken from
said l1f%n1elt AMI he same Is now pend
ing a@i undetcr".!nel in the Supreme
Cour!. 1t IS further shown by the return
and answer that the respondents denied
that thc REALTORS .. er rave them notice of
their acceptance OF the terms of the pro-
posed contract, or Of their desire to snter
into She same, or Of their acquiescencc in
In o. acceptance 1T the modification
Thereof. except. i!sat OH the 18th day of
Octoocr. 1893. and long after the rendition |
or the Judgment set up, the REALTORS
caused IL notice and demand to be served |
upon respondents. a copy of which was
attached to the return.
ny ~ II Oh alu |
return. that the City Council of the City
OF E;ouo at Il meeting held on tho End day |
OF NnVeiaber,l eoS. adopted a resolution
to the etcr'. that 40 further action should
be token by t.e City Council In respect
10 the matte 1t rtr~iving bids OF pr
posa!s for I'll" obstruction of water works
Tor sad City u"t.! me Supreme Court of
the state OF Nevada aud 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 now intend. nor are they endeayor-
ing to contract with any person or per
sons tor Che construction of water works
for said City, nor will they enter into any
such contract until the pending appeal
shall have i,een finally deter
iniN~;.
Tn I~el~tors iuterposed a demurrer to
the ansNer, but We 10 hot deem it neces-
cp consider separately the questions
presented by She same. bat such
q~utsuou, - - - may he necessary.
wi b. in-s. lily determined in ,he
diScussion "a. .np.a-r 4pon Its merits.
Is.lerth- --sn nelr Ivy the plesGirg4.
1t las ~.."1 g.. IT," testimony ot Ar.
Scl..N. 'l-, Of IT," REALTORS, tina he va
prt...lt I'll -ht meeting Of The ,'ilr t0un-i
"a ole on July =, 5>3>. ~ hich thv con-
tr.rt Is p.ePa.e: iy Mes>rs. Torrrysou 4
S"it,n'eri"ld, under tho direction of the
r. ~r"lutl"n of the City Council adopted on
the Ind ~ uIJui%, i-'-, and as set out III
tue p"GI"n herein, 81 g. read: and that. a.
tie sct,or member o1 The firm OF Srhaw.
Ingram, Batcuor Il Company, the REALTORS
herein, i'll RESPONSE to a direct QUESTION
from the President vi the City Council,
a cepto3 the terms of the propose! coli
tract.
The action OF the Reno Water. Land
and Light Company IS. The CITY rouu-
Gil to restrain it from entering into . CON
tract OF the construction of 4 system Oft
water works unde the pruceediugs had
by the Council Tor that purpose, and I'M
der which the REALTORS claim their rights.
vas instituted on the 18th day of June,
1873. That action was called for TIN bear
Ing of the motion of the plaintiff ..r =. /
temporary injunction on the LIST day Of
July, 1898, at which thine, upon statement
al counsel for the defendant, to the effect
that the City Council did not intend to
&c ept any Of the bids in the form in
which SAID bids were presented, bu. that
1t would probably enter into a contract
with some Il of the bidders. upon the
basis Of che modification thereof, il was
stipulated, that the further hearing Of the
action should be continued until further
orders; that the City Council before en-
tering into or executing any contract for
the construction of a system of water
works should serve q COPY of such pro-
posed contract upon the plaintiff: that the
plaintiff should within five days after
such service institute such proceedings
to restrain the execution thereof as IL
may be advised. ai,d thai after the conf
ii~encenent of said proceedings the City
Council would not take any steps, which
would change t!c rights OF the parties re-
spectIiig such contract and the execution
thereof until the decision of such action.
The stipulation further pro, ided that