Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-07-16

Inc suit Oh Nne Cits dEdlllSl the W ID
ter Supply company Of Albuquerque
ordered by the city council Monday
night, was filed late today.
1t charges the Water Supply COM
pany with failure to fulfill it's contract
to furnish the city and consumers an
ample supply of water for all pur-
poses, including fire protection, at a
minimum pressure of sixty pounds,
and asks that the court name a re-
ceiver to take over the company and
operate it, The petition asks that the
court authorize the receiver to make
such immediate improvements as may
be necessary to give the city and con-
sumers an adequate water supply at
the expense of the company.
I. Hugh Collins, city attorney. and
Summers Burkhart, ain attorney, ap-
pear for the city Hugh j. Collins,
as city attorney makes the afh-
davit of facts in the suit, in the alb
sence of Felix Lester, mayor, who is
reported to have left for Las Vegas on
matters connected with the case.
The attorneys for the city said that
immediate application would be made
citing the"company to show cause why
receiver should not be appointed.
AS Ira A. Abbott. Judge of this district
is absent from the territory. applica-
ton will be made to one of the judges
in some other district Just which
judge will receive the application is
not known but it is probable that the
case will come up before Judge Pope.
The petition in the case was not
fully drawn by the city's attorneys
until after o'clock this afternoon and
is too lengthy for publication I'm it's
entirety in this issue The essential
facts stated therein, however, are as
follow:
Terms of Franchise.
In its complaint, which Is entitled
the City of Albuquerque VS.. the Wa
ter Supply company Of Albuquerque,
the city sets forth that on February 6,
1894, it granted the Water supply Co.
a 25-year franchise. which was rattle d
by the people at a special election
March :. 1894. and has since been in
force. A copy Of the franchise is at
tached to the complaint.
That under this franchise the de-
fendant's duty is to maintain and op-
crate water works and TO furnish at
all times for public and private use
in said city good and sufficient sup
ply of water as the same may be need
ed and demanded for domestic and
manufacturing purposes so that IL
may be drawn off from the pipes CON
Meeting with the mains Of said water
works in all parts Of said city where
said pipes may be, at a minimum
pressure of so pounds TO the square
inch at all times, unless prevented
through an accident to the reservoir,
engines, pipes or other apparatus aud
machinery OF said company"
Water must be furnished free %
charge for fire purposes twelve mill
lion gallons every six months for city
purposes for the first 100 fire hy-
drants and 1000 gallons each
month for each additional fire hy-
drant The complaint alleges that It
rents 1926 fire hydrants from the wa
ter company for which 1t pays &5,9lO
annually and IS entitled to all water
needed for fire purposes, twelve mil
lion gallons every six months for city
purposes and in addition $4,000 gall
Ions every month for city purposes
Franchise Violated.
The complaint continues THAT
said defendant, Notwithstanding its
said duty and obligation under said
contract as aforesaid. has not at all
times Finished for public and private
use in said city a good and sufficient
supply of good water as the same may
De needed and demanded for domestic
and manufacturing purposes, so that
IL may be drawn off from the pipes
connecting with the mains of the wa
tCrworks in all parts of said city
where said pipes may be. at a mini
mum pressure OF so pounds to tht
square inch at all times. and has not
furnished the said plaintiff all water
necessary for the extingulshing OF
fires aud for fire purposes. and hai