Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-07-15
NATURE OF SUIT
NOT GIVEN OUT
1t VIII Probably Charge Company
With Violation of Franchise
and ASK Appoint
ment of Re-
Ceiver.

Pursuant TO the instructions of the
city council at it's special meeting last
night, City Attorney Collins and sum-
ternoon began preparation for the
suit which the city will bring against
the Water Supply company in an ef-
fort to force the company to furnish
an adequate supply of water.
Both Mr.. Collins and Mr. Burk-
hart this afternoon declined to dis
cuss the case, further than to say that
they did not believe the petition would
be ready for filing with the court be-
fore tomorrow.
As to the nature of the suit which
is 10 be brought they were non-com-
munlcative, but it is generally under
stood that the city will petition the
court to appoint a receiver to oper-
ate the water. plant pending decision
of the case. On just what grounds
action will be based is not known. 1t
is probable that the city will charge
the water company with a violation
of the terms of it's franchise, and it is
understood numerous affidavits and
statements were being secured today.
are to be used in the }city's suit or for
other purposes is not known.
we can not discuss the case at
this time said Mr., Buf.khart this af-
ternoon. "Yes. it is true we are at
work preparing a suit for the city
which will likely be filed tomorrow
but further than that we can not
make public any information in our
OF
Council Resolution.
The city council at a special meet
ing called last night at the request OF
a citizens committee, adopted a reso-
luton by unanimous vote, instructng
the city attorney to at once file suit
against the Water Supply company to
force the company to give the city an
adequate supply of water.
The resolution gives the mayor and
the city attorney full power to pro-
coed as they see fit and to employ all
the additional legal help they may re-
quire.
The resolution was presented by
Alderman Beaven a short time after
the council had convened and there
were no dissenting votes to its pass
age. Alderman Learnard being among
the missing. It is as follows;
Whereas, the water committee, On
July 5th. reported to the council that
the failure of the Water company to
furnish a good and sufficient supply
OF good water to Albuquerque is caus-
ed by the inadequacy of its plant and
its neglect to provide in season for
the increased and increasing demand
occasioned by the growth of the city;
and
Whereas, the committee of experts
employed in pursuance of the recon-
mendations of said report, to examine
the company's plant and ascertain the
conditions OF the same, have filed
their report by which it appers that
the conclusions Of the water commit
tee have been verified and sustained {;
and
Whereas. the Water Supply com
pany has by reason of it's neglect and
failure to perform the duties imposed
upon il by the provisions of the OF
dinance contract between it and the
city, forfeited It's contract and fran
chise;
Now, therefore, be it resolved, that
the city attorney Oe, and hereby is,
instructed 10 file suit Immediately
against said com pany and all otner
persons or necessary parties in such
form as will in his judgment, bring
adequate relief at the earliest possible
moment to the city and its inhabi-
tants from the present deplorab' :
conditions. and will protect and en-
force their legal rights against said
company.
Committee Report.
The action of the city council was
taken only a short time in advance OF
the appearance of the citizens COM
mittee headed by William Kieke
chairman. About fifty citizens OF
more accompanied the committee and
filed the gallery space until standing
room was no more. When the mayor
informed the committee that the
council was ready to hear what it hai
to say. Mr. Kieke stepped to the front
and presented a petition to the al
dermen. which he said was signed by
over 600 water consumers in the city
The petition, which was originally
the shape of a resolution, adopted by