Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1909-07-24
Judge Parker Did Not Ap'
point Receiver But Gave
City The Right to
Re. open Case.
COURT ACTED ON CITY
ATTORNEYS ADVICE
Company Declared That II SPre-
pared to Get Ample Supply
Promptly and that Receiver
Could Not Better Condl-
Sss,
tionS Sooner.

Judge Parker, shortly after 4
o'clock this afternoon, did not APP
point a receiver for the Water Sup
ply company of Albuquerque as ask
ed in the suit which the city filed
against the company July 16, but in
stead, ruled that the company be Civ
On reasonable time in which to show
that il could relieve the situation and
reserving the rights of the city to re-
open the case in the event of the
company's failure to sc cure an ade-
quate supply of water.
The case came up before Judge
Parker at 10 O'Clock this morning, in
the absence of Judge Abbott. and
with a two-hour interval, the hearing
was continued until about half past
four this afternoon, when the attor-
neys concluded their arguments. Be-
cause OF a lack of time to prepare an
affidavit, a water company official
was placed on the stand for a brief
examination on unimportant points,
but no other witnesses were exam
ined, the attorneys confining them
selves to numerous affdavits in sub
stan tation of their allegation and de-
malls.
The ruling of the court in termi-
mating the hearing this afternoon was
along lines suggested by Summers
Burkhart attorney for the city, who
stated shortly after court met tnis
afternoon, that in view of the show
ing made by the Water Supply COM
pany, that II was prepared to sink
q n
supply of water that the city was
willing to modify its request for re-
ceiver. by giving the company reas-
enable time in which to make
showing He suggested that the case
remain open, pending the outcome OF
the company's work on the new wells,
Water Company Replies.
But few spectators were present in
the district court at 10 o'clock this
morning. when Judge Parker, sitting
in the absence of Judge Abbott, heard
the reply of the Water supply COM
pany to the suit of the city of AL
budueraue, which requested the court
to appoint receiver for the company
and force it to live up TO the terms
of its franchise which it declared the
company had violated
ne " "dANi supply N''Nl'''''s
represented by Attorneys f. w. Dob
son and A. B. McMillin. Summers
Burkhart and Hugh Collins were
counsel for the city.
Attorney Dobson opened the pro-
ceedings by reading a lengthy type
written reply to the allegations made
by the city in its suit. The Water
supply company's reply made a num-
ber of denials and several admissions
but the chief contention was that d
receiver should not be appointed tc
operate the plant on the grounds
that a receiver could do not more tc
relieve the situation than the com
pany officials were doing and had
already done. The Water company''
attorneys also contended that in films
suit for a receiver, the city's attor-
neys had adopted an unusual and i'm
proper method Of procedure and thai
they should have brought mandamu'
proceedings Numerous citations in
similar cases were read to the cour
TO substantiate the contention.
The reply Of the Water supply com
pauy took up the charges of the
city's petition, section by section. Th'
first allegation made. was that th'
city had not lived up 10 the terms o
the franchise and the water company
based this allegation on the use o
fire hydrants by the city for drawing
water for street sprinkling purposes
declaring that the hydrants wer'
damaged and water wasted by leak
age
The Water company admitted in III
answer, that II had been unable t
supply the city with sufficient wate
for a portion Of the time since Jun
27th, for sprinkling purposes but de
clarcd that il had furnished sufiCieu
water for fire protection at a mini
mum pressure of 60 pounds pc
square inch
Caused by DrOuth.
Admission was also made by tn
Water company that there had bee
considera BILE Of shortage OF waite
since June 27th, and that for a tim
'river water" was used by the com
pauv ia the city mains It alleged
how ever. that this condition wa
brought about by a failure of waite
i'm the wells caused by drouth and wa
a matter over which the compan
had no control. Admission was mad
that for the past week the compan
had furnished no water for stree