Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-01-04
Water COLLECTIONS
PROVISION OF CITY ORDINANCE
DECLARED VOID.
The Section of the Ordinance That
Seeks to Hold One Consumer Re-
SpOnSible tor the Bills of Another
is Declared Null and Void by Judge
Irwin.

BY decision rendered by Judge
Irwin in the Superior court last
week, the provision OF the city water
ordinance that seeks to hold the
owner or tenant responsible for the
delinquencies of former owner or
Tenant was declared void. The
case was brought by Attorney A. NJ.
Wade, as counsel for Liddie r. Boots
man. who resides at 3O6 West
Hume street. Mrs. BOOtsman rent
ed the premises on November 3, and
the water was cut off from her house
because she would not pay $500,
water rental due from former ten
nant.
Attorney Wade applied for writ
OF mandate. commanding the author
tiles to turn on the water, and to
accept 1926 from Mrs. Bootsman in
and asking damages in the sum of
500 and costs of suit. Judge H.
win sustained the position taken by
Attorney Wade, and issued perem-
tory writ of mandamus upon the city
and Supt. McDOugall. directing them
TO forthwith accept and receipt for
1926 from Mrs. Bootsman and to
connect her premises with the water
system, and allowed her $40 dam
ages.
The following is the text of the
judgment that compels the city to
collect its bills as others do or lose
them:
In the Superior Court of the State
of Washington. in and for Che
halls County.
State of Washington, eX rel, Lid
die f. Bootsman, relator VS.. The City
of Aberdeen, Il municipal cOrpor-
alton and George McDougall, as
superintendent of public works,
respondents.
on this 30th day of December, 1908,
relator appearing in person and by
her attorney Of record. Austin NJ.
Wade, and respondents not appear
ing at all.
Whereupon evidence was adduced
in open court and the petition or af-
fidavit of relator having been fully
considered and the court being fully
advised in the premises.
Now therefore. it is hereby order
ed and adjudged that relator is en-
titled to the relief prayed for and
that said ordinance No. 73S at the
City of Aberdeen in so far as it at
tempts to enforce payment of a.
water rent charge against an owner
or tenant for water supplied to a
former owner or tenant. is unrea-
sonable, illegal and void and can not
be enforced.
1t is further ordered that a per-
emptOry writ of mandamus do forth
with issue out of this court under
the seal thereof, directed to the said
respondents. City of Aberdeen, and
George McDougall. as superintend-
ent of public works. commanding
caid respondents and each Of them.
to receive and receipt for, from said
relatOr. Liddie +. Bootsman, the
sum Of three dollars and twenty-five
water rent due said respondent for
water furnished relator between the
9Th day of November. 1908. and the
first day Of January. 1909, and up
on tender by relator I.iddie +.
Bootsman of said sum to said respOn-
dent city of Aberdeen, and upon SER
vice of this writ to forthwith turn
on and connect said premises No.
3O6 West Hume street. City of ABB
erdeen with the water supply of
said respondents, and to keep said
premises and said relatOr supplied
with sufficient supply of water un-
til the 1st of January. 1909.
1t is further ordered that relator
do have and receive of respondent,
City of Aberdeen, the sum of ten
dollars ($10.00) as damages. for
cutting of said water supply and
that she recover of respondent her
costs and disbursements taxed at
$3.50.
Done in open court this 30th day
of December, 1908.
MASON IRWIN.
Judge.