Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-02-18
CITY ATTORNEY IS
AUTHORIZED To
SUE WAITE R
COMPANY
Council Adopts a Resolution
Condemning Alleged Abuses
by Public Service Corpora
ton,
MAY WORK FORFEITURE
OF EXISTING FRANCHISE
President M'MiIIen Takes Ex-
ception 10 Report of Cour-
SeIlor for Municipal Body
Calls II Unjust and Absurd,

Sellor for Municipal Body
Calls Ii Unjust and Absurd,
The council last night ouihorlxcO
city Attorney John g. Lewis Co bring
suit for the forfeiture of the water
company's franchise If he believes it'
can be successfully maintained III
after ne read his report on the legal
ity of the corporations charges.
The authorization came In the form
of "a resolution from Councilman
Schcer II also empowers the city att
turney 90 Institute suits to recover
amounts collected hv the company
from citizens. Mr. Seheer's rosolu-
tion follows.
Whereas IL appears from the pc
tition presented Co the city council
and siened hy large number OF rep.
rcscntatlNc citizens of Albuquerque
that the Albuquerque Water supply
company has been guilty of gross
uferchnrgcs and collecting sums in cA-
cess of the amounts authorized hy iis
franchise. and
Whereas. The report of the city ut-
torney shows that there il ample
foundation for these statements and
that tho water company has been
guilty Of gross misuse and abuse ol
the privileges granted IL hv is fran
chisc and iis actions have resulted in
grave hard-hlps 90 many citizens and
have seriously retarded the growth OF
the ct, ana hlndered the cultivation
of grass. flowers and shrubberN which
would tend 10 hcautify the city and
make it attractive TO prospective set
tiers. therefore Doc 1t
Resolved, That the city attorney De
authorized and instructed Go hring
suits in typical cases 10 recover
amounts collected by the Albuquerqu,
Water supply company illegally from
citizens and " he shall be OF the opin-
ion that suit 20 forfeit the fran
chase of the Albuquerque Water sup
! ply company for abuse and misuse Of
its franchise can be successfully main
tanned that he institute such suit as
soon as possible and prosecute Il in
the name OF the city 10 a final deter
mination IA the courts
The resolution was adopted without
a dissenting vote.
After Mr. Lewis had feud his re-
port. MAYOR Sellers asked 4. b. McMil-
len president OF the company. If he
had anything tu say. Chaweterizing
the attorneys = report as vicious" and
unjust, Mr. McMlIeu said that Mr.
Lewis had investigated but one side.
Many things that Nh Lewis included
IN the statement were false, he assert
ed. he quoted from slip, which he
drew from his pocket. figures which
he asserted made Mr.. Lewis report
absurd
The report would make trouble ana
controversy MI McMilieH said Com-
plants against the company We're
made the basis ef newspaper scare
heads he declared. The question was
one 10 be tested Ia courts. he Thought.
AIR Schcer said he believed the
matter should be tested Hy the ciiy.
lie then introduced the resolution
The report presented hy MIR Lewis
follows
TO the Mayor and cts Council of
Albuquerque.
Gentlemen In response a. your
Instructions. ! beg leave g submit the
following report upon The conditions
as affecting the water company in is
relations with tina citizens 0f Albu-
queruuc especially as ta the charges
made for water
The system at aKereharee which is
most general and far-reaehlug in its
effect seems To- have been inauEurated
about two years ago. when the present
management assumed control of Tho
water COMPANY ana this system ap-
parently affects large majority nf
consumers especially la The summer
months. when larger quantities of