The Glenwood post., 1912-12-28
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uk1a lB1slll
1T ~ I upans n g
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Esve IN 1Deoisod :
full k1soN son

Iu~ UQbsSeosS WOSS
just what the decision of the Uaitea
States court may mean in the injuAs-
tion suit of the GlenwOod Light L
Water company against the town lnow
city Of Glenwood Springs none Of US
can say with certainty as the decision
has not yet reached Colorado and there
is only speculation as to its exact and
complete tenor.
1t is quite generally conceded, hew.
ever that the city may issue the Sl25.-
900 water bonds voted two yeaxs aSs
and if they can get anyone to buy these
bonds under the peculiar condition
which eonfronts the city they may sell
them and build water works systsua
AID then If they can get aay water
to put in their system they nay sell
that water TO whoever may choose to
buy bat they cannot use from their
.sw systsa 70 so2ply their ev1 .ssAs.
.sieAss esa tAsy prevent the Glssvssi
Light L Wstsr company from eoapet-
i.g with thea in supplying vstss to
private eonsumen before the ezpifa.
tion Of the contract made with the cen.
psny which is good for fifteen year,
more.
1t is not probable that bond buyess
will be tumbling over themselves to
gobble up aA issue of boads With Tie
alno~t certainty of expensive .itis.-
tioa before them.
The Denver Times Of Thursday After
noes has the following TO say ooaesea-
ing the decision which it will be eb-
served u just about ~ indsfiaits -
the Aews heretofore received o. tAs
.sAjaet: iur sss ,e....s,, ,a
rAs tosa of UisswsS1 apsilGsnAv
hsiiA aAA sy,~ssss il own watsr wseks
in esnPe:ition with the system Of ~,
Gisnwood sPrings Water company, ~
private corporation, according to sum.
mary of the decision Of the United
States circuit court of appeals at st.
Louis, in the suit Of the company
against the municipality, received N
Denver today
In the trial Of the suit before JudH,
Lewis of the United States district
court, the town Of GlenwoOd springs
wAs enjoined from issuing bonds to
construct water works or acquire any
part of the system of the Glenwooj
Springs Water company, except by pay
ing the amount. fixed by arbitrators.
The court Of appeals held that the ex-
clusiOn Of the grantor in municipal
or quasi municipal grant-in this case
the town of IIenwoOd Springs from
fhe righp to compete with the grantes
,the Glenwood Springs Water company
does not hold. unless such exclusion IS
clearly stipulated in the grant or is
necessarily implied therefrom.
Would Not Restrain Town.
1t was upon this ruling that the high
er court refused to sustain the injunc-
tion of the district court restraining
the town from building and operating =
plant in competition with that of tho
company. -
The contention of the company that
the town be compelled to purchase its
! system in accordance with the terms Of
the twenty year extension granted it
at the expiration of its original fran
chise, was overruled on the ground that
the company became guilty of = sub
stantial breseh Of its contract when it
refused to afp6int Its appraisers, after
the tewe elee.ed. r purchase the plant
..a e: .pe.i::.s4l = two ..ppt.i..r' fos
rAs .ssIsipsGsy ,assa.d 70 q es.s.r.s.
it, own syseei after fine company fer
sse.s;s. .s.ss.ks :-sss : :. rkaapei.t
il SpSsaissss fes II. p.rpess Il nxiaG
H. peies q uissA ~ ss.. sAs.ll p.f.
e1A. H. 3ssRsayS phss.
Ua1se AAeeisisa ~ e,savsca
esflne Wsssr .ts.3asy - IL rishs
= sset;1ls u ssevsss al ~ r,ssss,s
IL 8. ~ A..il ss..-.. !.
Hessps Ts..s =. -
1sE.As - Sss'ss \ ~ vsisese - hees
lSNyg. Sjes1esnlIe ~ ! IN
~ 80 ln1I& = 3 H., = :
SGsk Assses' ylfynlek ki1se 80
e.