Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-17
ACTION ASKS THAT RECEIVER
BE REQUIRED TO TAKE STEPS
TO FURNISH ADEQUATE SUPPLY Y

"Plalnllll therefore pIdNS tHdl lH'
said defendant company be decreed tc
specifically perform its said contract
with said plaintiff, to furnish at all
time. for public and private use in
said city a good and sufficient suppl>
of good water as the same may be
needed ana demanded for domestic
and manufacturing purposes, so that
it may be drawn off from the pipes
connecting with the mains of said
water works in all parts of said city
where said pipes may be at mini
mum pressure Of sixty pounds to the
square inch at all times, unless pre-
vented through accident to reservoir,
engines, pipes or other apparatus or
machinery of said company, and to
furnish to said plaintiff all water
necessary Tor eXtinguishment of fires
or fire purposes. at a minimum pres
sure Of sixty pounds to the square
inch at al times, and to furnish to
said city as needed and demanded by it
all water for city purposes to which
it is entitled under the said contract
and that meanwhile, during the pen
denly Of this suit, or until the said
defendant company shall show to the
satisfaction of the court its willing
ness aud ability to meet the require
ments of its franchise and contract
receiver may be appointed by tins
court to take possession of and oper-
ate the water works and plant of said
company under the direction of TINS
court and to make Immediately at the
expense of said company all improve
mcnts and additions necessary to pro-
duce a sufficient supply of good water
10 meet the present necessities OF the
said plaintin and its inhabitants and
for such other and further relief as
to the court may seem just and equit-
able"
The above is the closing paragraph
and the effect of suit flied in the
district clerks office yesterday after
noon by City Attorney Hugh j. Col
lins ana Attorney Summers Burkhart
who has been retained as special
counsel for the city under the order
of the council of Wednesday night
instructing that suit be brought
against the Water supply company tc
compel the company to furnish an
adequate supply of water for all pur-
poses.
The suit is defined as an action TO
compel performance of contract ano
the receiver is asked upon the as
sumption that the contract has al
ready been violated, the petition ask
ing the appointment of receiver un-
til such time as the suit may be de
termned. the receiver to be charged
by the court with the duty of supply
ing Albuquerque with water, undel
the contract as interpreted by the eltS
authorities.
The action is one to compel the
performance OF the company con
tract said City Attorney Collins yes
terday afternoon. Just before the
filing of the suit THE next stei
should another step be found neces-
sary. will be an action for the for
feiture OF the oompany's franchise In
the meantime we propose to hurry
the action as rapidly as possible. In
the absence Of Associate Justice Ap-
bolt Of this district. the matter VIII
De placed before one of the other JUS
tices, probably either Judge McF1e oi
Santa Fe or Judge Cooley of Alamo
sordo, whichever may be most con
vcnient for the court
"When the matter will come to
hearing we are not able to say but
it viii be just as quickly as we can
bring il about"
The following is the fun text of
the complaint:
In tho District Court of the County
of Bernaliflo. Territory of New Mex
leo.
CITY of Albuquerque, plaintiff. vs.
water Suppi. compquy of AlhuPu't
que. defendant.
COMPLAINT
Plaintiff brings this its complaint
against the said defendant ana for
cause OF action states the following.
J.
Plaintiff is municipal corporation
created. organized and existing under
the laws Of the Territory of Ne"
Mexico.
That said defendant is corpora
"'h created. organized AMI existing
under the laws OF New Mexico.
H.
ihat plaintiff on February 6. 1885,
through its City Council. enacted an
'uAidnee granting 10 said defendant
N' assigns the right and privilege
supply said plaintin and its citi-
With good water for domestic and
,nsliuiacturins purposes FOR the period
~ entS-hNe years from and after
a. ua'e Of the approval thereof by