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man000177-150
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    SPENCER L. BUTTERFIELD VICE PRESIDENT WILLIAM COULTHARD SECY.-TREAS. HARRY E. MILLER E. O TTO UNDERHILL JAMES CASHMAN JO H N BUNCH Officbrs and D irectors THOMAS A. CAMPBELL PRESIDENT 9 0 0 S O U T H 5 T H S T R E E T LAS VEGAS, NEVADA T E L E P H O N E 5 9 2 0 HOWARD F. CLARK CHIEF ENGINEER AND MANAGER P . O . B O X 1 4 4 8 be fh© only person who could assert and prove any injury under that order and would be In a position to maintain a cause of action for temporary restraining order. There Is one dher Section under crim in al provisions In Nevada. This other Section Is Section 10,596 of the Nevada compiled statutes. This Is an old law which was enacted back in 1903 and It provides that It Is unlawful for any Water Company to refuse to make a connection to an y buildings which adjoin or abut on existing water facilities. It further provides that if there are water facilities within 5ftQ* of such a building, the Water Company has to put them In at the expense of the owners of the property. That Section provides for a c iv il action by the person Injured In which he can recover from $ 100 to $300 far each offense. So It appears that possibly there ore three remedies that might be available, the most effective o f course would be the tefnporary restraining order. S© you have the following} 1. Temporary restraining order. 2 . Possible crim inal aspects. 3. Procedure under Section 10,596 which provides for exemplary damages by a a person who Is denied connections. Briefly the foregoing Is as the situation appear* to us based on our gulch examination of the Nevada laws. If nothing is done until the 22nd of January when this thing Is set for a pearing, and If after the hearing the Public Service Commission makes that order permanent, It might be very difficult to do anything about having It rescinded. Any tim e up to January 22nd It appears that the order could probably be attacked quite successfully. After that date we have serious doubt as to the ability to attack It. Therefore, If there Is a desire and Intention to attack the order It probably should be attacked before January 22nd» There Is also something else that should be considered. If the Public Service Commission Is apprised of the fact that the order may be attacked, they could decide to change the tim e of hearing to on earlier date and put out a permanent order. Let me also refer to Section 6133 of the Nevada compiled laws. That is the Section that relates to judicial review or court action In connection with the proceedings before the Public Service Commission!as for as we can see, under that you would still be able to get a temporary restraining order If that order, which the Commission bos made, is unlawful.