Arizona republican., 1910-07-08
COUNCIL SEES
 ROCKS AHEAD. Injunction Against Selling. Sewer Bonds to Be Asked LACK PROTECTS HIMSELF Sewer May Not Be Built Till Courts Pass on Case or Settlement Is Made With Owner of Present Sewerage System.
LACK PROTECTS HIMSELF

An injunction suit to restrain the city of Phoenix from selling the sewer bonds will be filed by F. $. Lack. chief stockholder of the Phoenix Sewer & Drainage company, as soon as the city takes steps toward advertising the bonds. Lacks attorney is Thomas Armstrong, and it is understood that the papers are ready for filing just as soon as the city goes far enough toward disposing of the bonds to war rant the action.
 It has been known all along, even before the bond election, that Lack would not sit quietly and permit the city to ignore his system without eff fort to prevent it That the city will have to settle with Lack one time or another has been the opinion of many business men and of the attorneys who have looked into the matter. It Is claimed by Lack that Phoenix is facing precisely the same problem that has confronted other cities of this country which attempted to build municipal plants without regard to franchises all ready granted to private ownership. It is stated that in one famous case, that of Walla Walla, at least, the supreme court decided against the municipality to the extent that damages. which in- Cluded the annual rental of the plant, were awarded to the plaintiff.
 While the city officials knew, when the bond election was called, that all was not smooth sailing before them. they were comparatively helpless. It is impossible to use a portion of the money to be raised by the bonds for the purpose of purchasing the Lack system. Under the organic act the city may vote bonds for constructing a sewer. but not for purchasing one. and therefore it will require the consent of congress before any appropriation can be made, should the people of Phoenix desire to acquire the Lack system.
 It is stated that Lack has no desire to hold up" the city; but that he in tends to protect his own interests to the last ditch is evident. His first legal procedure will be the temporary injunction against the sale of the bonds, and after that there will be further litigation till the matter is set tied one way or another.
 Said an attorney: If the city fights the matter out in the courts and it goes finally to the highest court of appeal in the country it will be many years before Phoenix has a sewer. The bonds cannot be disposed of while there is litigation pending and the end of 1t all is far in the future"
 The city council has held several | executive sessions with Lack in which 1 the attitude of the owner of the pres ent sewer system was made plain. He | said that Phoenix should have an ade | quate system and that he would not | stand in the way of progress of that | sort He stated that Phoenix is one of | two cities. of it's size in this country | that is without sewer. In regard to | the sewer he said that he would be | willing to accept a price representing l a fair valuation of the plant. the valu | ation to be determined by a commit | tee of three-One to be appointed by | himself. another by the city and the | third to be selected by these two.
 -U- EVERY MAN should wear our NEW | HEALTH Bandage; cures weakness, l