Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-02-18
Following Report Of City At
torney Lewis, Council Au-
thorizes Bringing Of Suits in
Specific Gases.
SCHEER RESOLUTION is
PROMPTLY ADOPTED
Position of Corporation Is
Explained by President A. B
McMillen; Declares But
One Side Of Case Invest.
gated.

gated.
whereas. IL appears rom the
petition presented to she ,liN
counCil and signed by large
number 81 representative citizens
of Albuquerque that the Athu-
querQue Water supply company
has heen guilty of gross over
charges and collecting sums in
excess OF the amounts author
iged by IT, franchise; and
Whereas. the report of the ,lik
attorney shows that there ~
ample foundation for these state.
mrnts and that the Water com.
plny has been guilty of gross
misuse and abuse of the prtvi-
legcs granted " by its franchise
aud IT, actions have result'd in
grave hardships to- many citizens
and have seriously retarded the
growth of the city and hindered
the cultivation ~ grass. flowers
and shrubbeTy which would tend
Ia heautify the city aud make u
attractive fo prospective settlers.
Resolved. that the city ittor-
neg be- authorized and instructed
90 bring suits ia typical eases 10
recover amounts collected hy tn"
Albuquerque Water supply com
pany illegally from citizens. and
81 he shall Dee uf the opinion that
suit 10 forfeit the frnnDhis" of
the Albuquerque Water supply
company ter abuse and misuse
81 its franchise can be success
nilty maintained. that he insti-
tWte such suit as Eiun ~ possible
and prosecute IL In the name 81
the city tu a hnal determination
Ia the courts.
The adoption hy the city council
hast night nr the foregoing resolution
without dissenting vote. marked q
primary elimination Of the agitation
begun at the last meeting of the coun'
eli. when a petition. signed by a larg,
number of water consumers. was IRE
scented. demsn dinE 40 Investigation al
the Water supply company and it'
methods uf charges and general OPP
Grafton. Following The presentation
~ the petition 70 the council. ths
matter VAS referred to the city attOr'
ncy, with Instructions To- MAX" an IN
vcstigation. and render q report ai
soon As prnctiranlc cay Attprnc>
!. e.. Lewis made his report 60 th'
council last evening. tn" report We
lengthy. going into the details regard
INK the schedule at charges maintain
cd bt the water company. ami deClur
INK that the growth 81 the city b.
being retarded because at the ppiiC'
OF the corporation, summing up hil
report Mr. Lewis said thst IL VA
clear 60 him that actions would li'
against the water company los citlZenl
TO compel refunding 81 amounts yai'
In excess of the rates authorized hl
the franchise, hut that thrro was
broader and more far-reuchinB ques
tion involved the forfeiture 81 iran
chisc.
Immediately following the readlnl
OF the Lewis report Mayor seller
asked g. Vs. McMillen. president %
tho Water company, who VAS pr' sent
lf hn had snS remarks 80 make u"
garling The report. Mr. NJ Mill"i
said h. would like to address th'
| council and declared thnt IL SCENE,
60 him That the report Was vicious
| that such reports were responsible
I for the constant agitation ~ IN. pro
Pile regarding the water company, an,
| criticized Mr. Lewis for assuming u
make charges regarding misr"adinl
| water meters without pointing cat
single specific instance.
THE city attorney has Investigate,
/ but one side OF the Contrpi erry,' de
| clarcd Mr. McMilEn. In his rcpor
/ he has made many statements Whlcl
are absolutely false, ] do not agrr
with his opinion regarding he schec
| uic ot rates helieVe MS iudemen
liH absolutely wrong
| Mr.. MgMillpn continued fp tell %
Ithe various reasons WHY people mad
complaints regarding nyrrondrg"'
telling OF faulty plumbing Hnd othe
! possible CAUSES. Summing up. Nj
! NJ Mil'ru sid that there was only On
! way iu settle the ,uutrpsrT-N. An
thIt Nos b.. having those u,uHlp " ~
had mad" complaints employ 81
LOWS and nave him make complaint
100 court specific eases. not general
titles.
we eII meet such charges tart
aud tlyltylN," suid Nh MrMuleT
'iiHNt ul, mHtter tested iu the Va
our government and Our state pro
vide
After Str McMllon hld conclude
| hlH remarks. Mr.. Srhevr ct the FITS
ward p.. recognized by me mutor
'Mt Mayor ! believe this matte
snuuld nr tested" said Ma ~oheei
! IN, rHuohis" was granted 20 On
| WutnT .nwpuuN by tlw tItN uI AIhu
lGurulur. believe the ,ls Shouts
Investigate the complaint JeHIu-t IN
."rp"rttIDu.'
Mr. ~uh,cr then introduced o. reso
! luton Ingtructing ana tuthurizin
! the Gig attorney to bring suit aEains
/
] rla3ujuts Mr.. Scheei moved IN
uduptiun of his resolution. Mr. Gruns
irld seconded the motion ON rll
lean thr vote was unnniWuus in luVo
ct tho -.urer motion. Thus" votin
loa we're Clarke. coen, 8rnnsf, Id
sherwood Heidy, Srhe"r ana skin
nor
Tho r.nprt Of CITY Attorney Levi
u iulI follows
20 the Mayor and ciiy Council "
/ Nl1uluufuuc,
Grutirmrn
ln response to your instructions,
urn lpHr, 90 submit thu luliuvlug re-
port upon the conditions 40 unrotiul
Ihr Water supply company be- its re-
ihtiuns with Inc ritlNenr "f Alnuuurr
Que gspcrlllly ~ "a the chargeH mad
iui water
Tho system of uvorchargo whirh b
MOST general ana iuT reaching in u
effect srrua 10 have h""n lnnur Irnt
90 about two ycaiF nEn when Ma
prDfeut management assumed runirq
of thu Water company ana his eyB
tenn anFUraufIp un0ptn IA iuYug mn