David Josiah Brewer

“ With regard to the claim of exclusive rights, there is no allegation in the bills of the time at which the city will, unless restrained, commence the operation of its contemplated system of waterworks, and thus interfere with the actual performance of its contract with the plaintiff, so far as respects the supply of water. Every averment would be satisfied by proof that the city intended to begin the use of its proposed waterworks on the day before the expiration of the 15 years. ”

“ We do not deem it necessary to consider the important constitutional question thus presented, for it does not appear from the record that there is over $5,000 in controversy, as is necessary to give this court jurisdiction. ”