Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-25
CITY HAS RIGHT TO CALL UP
CASE SHOULD WATER SUPPLY
CONTINUE TO BE INADEQUATE

As a result of IA hearing occupying
practically all of yesterday, Judge
Frank W. Parker of the Third dis
trict. sitting in the absence of Judge
Ira 4. Abbott, withheld decision in
the case of the city of Albuquerque
against the albuquerque Water Sup
ply company, upon the showing of
the water company that it was max
ing every effort in its power to in
crease the supply and that it had
been confronted with conditions Of
drouth over which it had no control
The action Of the court in with hold
ing decision in the matter was in line
with a suggestion made by Summers
Burkhart appearing as special coun-
sci for the city just at the close of
his argument, when he said that
counsel for the city did not care to
press its demand for receiver at
this time in view of the showing
had made. Counsel for the Water
company Immediately asked that the
matter be dismissed, but this the
court declined to do, stating that he
believed that the company should be
given ample time in which to carry
out its plans for increasing its sup
ply and that in the meantime the case
ShOuld in u
diately following this statement by
the court Judge Parker suggested an
agreement as to time in which it |
would be possible to carry out the |
work which the company has under |
taken and after a short consultation, |
counsel for the Water company pro-
posed that the matter of time be also
left in abeyance and that the whole |
case be allowed to rest, the city hav-
ing power to call it up within a
reasonable time if desired This sug
gestlon was at once agreed to by
counsel for the city and there the
matter rests. The water company has
time in which to carry out its plans
for increasing the supply, while the
city has the right within reasonable
time to again bring the matter be-
fore the court.
The city of Albuquerque under
resolution of the city council, brought
suit on July nth against the Water
supply company to compel specific
performance of contract which the
complaint alleged had been violated
IN the failure to furnish an adequate
supply of water at all times for all
purposes ana asked for the appoint
ment by the court of a temporary re-
ctiver pending the course of the le
gal action.
The hearing yesterday was occu-
pied by the Water Supply company
IN an sWer to the complaint of the city -
IN which the city alleged complete
Of the contract and wilful
negligence on the part of the company
TO furnish an adequate water supply
Or TO prepare for the shortage of the
present season and for the citys in
'reasing demand Counsel for the
company also attacked the remedy
sought by the city holding the pro-
'eeding in mandamus to have been the
proper one. This latter contention
ne court. in the brief statement which
le made at the close of the hearing,
'eld to be incorrect. He said that in
MS opinion mandamus was not the
proper remedy in this case and that
while the application for a receiver
vas extraordinary he saw no reason
ny the principle of law should not
pply.
continuing the court said that Re
onsidered the suggestion Of COUNSEL
or the city, that the case be held over
'uhout decision as a happy one. The 1
'eople Of albuquerque he said, wanted
'ater above everything else and that y
the water company can furnish wa W
ef, that is the only thing needed 10 n
ausfy every one. He held the COM Il
any should be given chance Larg, r.
operations. he said were wont to Il
move slowly and to put of the max t'
- Of large Improvements. He was of q
ne opinion that the company in this d
ase had put OFF too long the doing
work that should have been done. r,
celebrating his statement that the q,
ompany should be given a chance tol h
lcrease its supply the court said. a cl
Tile help from the sky will lead us So
NJ II is unnecessary to formally de
ut anything at this time" nl
Judge Parker then stated that the q.
'se would be continued without deci- G
on and suggested time when the
atter should be taken up again giving "
'e Water company time in which to q,
airy out its plans. The proposal OF m
r. water company counsel. that the bi
auer be left to counsel for the city in
eau the case up again was accepted ili
10 the case closed q,
ihe showing by the water company b