Pine Bluff daily graphic., 1907-04-25

and maintin such fire hydrants as that same should furnish effective streams without the aid of portable engines,
 thereby exposing said city and it's in
 habiatnts to danger from fire, and re- sulting in frequent and large property losses to said city and it's inhabitants by reason of such failure and refusal.
 Seventh-It has been in default of supply of water for both domestic and fire purposes for more than thirty days, resulting in annoyance and in convenience to the inha bitants of said city, and the exposure of said city and it's inhabitants to The danger and loss Of property by reason of such de- fault.
 Eighth-It has been knowingly and willingly charged and collected as it's annual water rates, 6 tariff of prices greatly exceeding the average rates l charged by the cities of Kansas City, ] Missouri; St. Louis, Missouri; Louis 1 and Cincinnati, Ohio, and has willing ly failed and refused to conform it's ] annaal water rates to the tariff If prices prescribed by resolution of the { City Council of said city, which resc- luton fixes said rates at tariff not below the average Of said cities ] Ninfh-That said company has oth- erwise and generally failed and refus- ] ed to operate is waterworks system !, in said city in good faith, Or in an l efficient manner, and has generally ] failed and refused te furnish fire pro- 1 lection to said city, or supply water 1 sufficient .fG1' either public or private use
 Plaintiff City of Pine Bluff further states that IT has at all times paid to defendant company ali hydrant rent als as due, has adopted and enforced all needfn1 orfinaces protecting the waterwOrks property and the water company in the safe and unmolested '4aXercise of it's said franchise and against injury to it's property and the
 waste of water bg consumers, and has
 iH all things in good faith fully com p1hd with the terms of it's said con tract on it's part to be performer.
 TA,at during the fife of said contract
 to pay rent for fire hydrants at the rate of $43 per year for the first six teen hydrants and s4o per year for each additional hydrant, and un- der said contract the city is now pay ing for. =. fire hydrants amounting 70 the annual sum of. ......- dollars.
 That the plant of the defendant company is the only waterworks sys- tenn in said city, and is the only pres
 ent means of obtaining water supply for said city and it's inhabitants, though wholly inadequate for said
 purpose, but that plaintiff city stands ready and is liable to provide other
 means of water supply if relieved of the burden of it's present contract with the defendant company, and the l franchise of said company be set aside and annuled, provided said city is giv-
 en reasonable time within which to
 make such provision.
 1 That unless the franchise and con- 1 tract of defendant company is Set
 aside and cancelled, plaintiff cam ot
 make provision for other water sup
 ply; and a further continuance of
 said franchise, by reason of the prem | ises heretofore set forth, constitutes
 a daily menace to the lives and pro-
 perty of the city and it's inhabitants
 for one of adequate fire protection,
 and the continued annoyance and in
 convenience oecasioned by insufficient
 water for domestic and public uses.
 That plaintiff has no adequate rem
 edy at law.
 Wherefore plaintiff prays that a re- , ceiver of this court be appointed 10 l take charge of and operate said water
 works plant until the further orders
 of this court, that the franchise,
 rights and privileges granted under l the ordinance first mentioned of
 which defendant company is now the
 assignee and owner, and now operat- i ing said water plant, be set aside, can-