Pine Bluff daily graphic., 1902-05-11
NOW FOK A BIC FIGHT
Courts Will Have to Deci,te
Which Company Must
Be Paid.
roR LIGHTING THE CITY OF PINE
BLUFF BEFORE EITHER
is PAID.
old Company Brings Suit to Enjoin
Payment of the New
Company.
ALLEGATIONS OF COMPLAINT
The expected has happened.

The expected mas happened.
Saturday morning Pine Bluff Light
and Water company. alleging the con-
tract entered into by the city Of Pine
Rluff and the Citizens Light and Tran
sit company for the furnishing Of
lights to be unlawful. fled an injunc-
ton suit in the chancery court against
D. c. Bell, as mayor. and Chas. Well,
Gabe Meyer, ]. G. Boyee. Horatlo
Riley, J. A. Clement, NJ. Bruce. Theo-
dore Wollerman and Fred Fox, as al
dermen, and Fl F. Westbrook as
treasurer, of the city of Pine Bluff, and
the Citizens Light and Transit COM
pany( praying that the city officials
be erioined from issuing or paving
any warrants or certificates based up
on the foregoing mentioned contract.
and that upon the hearing of the cause
the contract to be declared to be null
and void.
The petitioner recites that it is
corporation doing business in Arkan-
sas under the laws of the state ofWest
Virginia and that it has complied with
all the laws of Arkansas regarding cor
porations.
That it now owns and has owned
many years real estate in Pine Bluff,
which is assessed for taxation in the
sum of SCI .S20, and III addition a large
amount of personal property. upon
which it pays every year to tie city
$3.50.
That on March 4, 1901. w. B. Alex
ander, as mayor and chairman Of the
board of public affairs. entered into 1
contract with the Bluff City Lumber
company whereby they undertook to
make contract on the part OF the
city, binding the city to pay the lun-
Ter company for each arc electric light
of not less than 1000 candle power
the sum Of $40 per month. and for
each incandescent electric light of NOT
less than twenty candle power, the
sum of $1.25 per month.
That the city council of Pine Bluff
on Nov. 20, 18a9 passed ordinance No.
47s. authorizing the board of public
affairs to contract for the lighting of
the city at an expenditure of 100000
during he term of fifteen years; pro-
Vided the contract should be up to the
lowest responsible bidder, and the
board of public affairs of Pine Bluff.
pretending to act under the authority
vested in them by the ordinance
named. proceeded on February 5, 1901,
70 advertise for bids for such contract
for lighting the city.
That pursuant to this advertisement
1he plaintiff filed with the board Of
ptnllc affairs a scaled bid whereby it
proposed to undertake the lighting OF
ehe streets of Pine Bluff. in accord
saee with the advertisement for bids,
furnishing therefor arc lights for
- oe per month and incanCe.cent
.shts for $1.l0 per month, both in ac
ssdance with specifications. and the
ssd was accompanied by certified
9ecf made payable to the chairman
tne board of public affairs, and
ast the Bluff City Lumber company
pa and proposed at the same time to
@h'sh the same lights for a higher
'ice. to-wit: Arc electric lights
$40 per month. and incandescent
ots for $l.25 and this was the low
NJ bid made by the Bluff City Lumber
company.
iaat the bid made by the Pine Bluff
-sh' and Water company was the
west bid by far made for the light
s ,, and plaintiff company was a re-
aoie bidder. but the board of public
airs ignoring these facts rejected
pialatiff,s bid and arb trarily
"'fded the contract to the Bluff City
-N'oef company, and contracted with
es SET forth in the foregoinrg and
ae'afy to the terms of ordinance
nat later the Bluff C;ty E-umhor
~, .asohE transferred it's inte, ast ard
ane. nnder the contract to the Citi-
80, 80 light and Transit company,
LII ~ IS now the owner thereof.
ne plaintiff states further that the
an City Lumber company was incor-
a'ea under the laws Of the state
A.Aansas for the sole purpose of
sins or general lumber and saw
= business. and that the contract |
- N the name of thaNumbcr com
- oy its president wtls not within
purpose FOR whtch4 ne company
3 Incorporated and Ithe attemrs
sS pS .ne company fight streets
= S''a vas mag ffhorised and !