The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-02-08


&ped before his Honor Judge Carpenter.
lln me case oE the ;Oolumbia Water
Power Company against the city OF Co.
lumbia, for ancrder ofinjunction against
the city. eplaintiffs were represented.
BY Messrs. Melton and Chamberlain, and
Measrs. Melton and Clark, and the do
fendant by James D. Tradewell. Esq.
city solicitor, and Messrs. Pope & Has
kell. On Thursday, Judge Carpenter
filed his order granting the Injunction in
part, and denying it in part. It is as fol-
lows:
STATE OF South CAROLINA. R1oHAND
CoUNTY-IN THE COURT OF COMMON
PLRAs-The Columbia Water Power
Company. plaintiffs, against the city
of Columbia, Standardization tor.
temporary injunction.
The plaintiffs in this case having filed
their complaint, setting forth contract
between Themselves and the defendant,
and alleging that the defendant is inter
fefing with and preventing the plaintiffs
from having and enjoying the full bene-
ht Of the said contract. asks for an order
OF Injunction, pending the final hearing
and decision of the case, restraining the
defendant
/. From oil interference with and
uihuIuuCo oA tuc pIdluLInS III tuo pCE-
formance of their said contract to supply
the city of Columbia with water, accord.
ing to the terms of said contract
2. From operating, or causing to be
operated, the old water works, and from
preventing the free use OF aud access to
the old water works, and the old receiv-
ing reservoir. and the water accommodating
therein.
3. And from all and my manner of use
and appropriation of the moneys collect
ed by the defendant from water rents aud
water taxes, otherwise than in. the pay
ment of the plaintiffs.
The present motion WIS fully argued
before me on the 1st instant After
careful consideration, l am of the opin-
ion that the plaintiffs have presented ~
case which entities them to tho tempo
rary protection Of the court, but not to
the extent asked for. The contract
which exists between the Plaintiffs and
the defendant seems to contemplate that
upon the completion in accordance with
the contract Of the water works therein
specified, the plaintiffs shall be let into
the full and complete performance of
their duty Of supplying water to the city,
and to have the benefit Of the water ao.
cumulating in the old receiving reservoir.
and to be free from any interference by
the defendant with the full enjoyment
nnd execution of their contract. To all
this the plaintiffs, in my opinion, have
already become entitled upon the show
ing now made.
On tho other hand, am not willing to
assume in advance that the defendant
will divert Or misappropriate the funds
which, under this contract, are to be set
aside for tho payment Of the plaintiffs,
and the plaintiffs have failed TO show
any such attempt or purpose on the part
of the defendant. I assume, without
hesitation, that the defendant is ready to
perform the requirements of its contract
whenever it shall have been judicially
ascertnined that valid contract exists.
shall. therefore, refuse 80 much of the
present motion as asks for an order oi
injunction restraining the feadant
from any use of the proceeds Of water
the payment OF the plaintiffs.
It is now, therefore. ordered:
l. That until the further order of this
court, the defendant herein. the city OF
Columbia, its Mayor and Aldermen, its
officers aud agents, be, and they are
hereby, restrained from any and all man
ner of interference with and hindrance
of the plaintiffs, the Columbia Water
Power Company, in the performance oi
their contract to supply the city of Co.
lumbia with water according to the terms
of said contract.
2. That the defendant, its Mayor and
Aldermen, its officers and agents, be and
they are hereby, restrained and enjoined
from operating or causing to be operated
tho old water works; from forcing OF
causing to be forced into the distributing
reservoir the water which, from time to
time, accumulates in the old receiving
reservoir; from preventing tho plaintiffs
or causing them to be prevented from
access to said old receiving reservoir,
and from the use of the water as it from
time to time there accumulates, nnd from
access to the said old water works at all
times.
The plaintiffs arc hereby required i'm.
mediately upon the filing Of this order
to execute to the defendant their bond
in tho sum of $4,000. with ono or more
sufficient sureties, to be approved by the
Clerk of the Court Of this County, con-
ditioned for the payment to the defend
ant of NIL costs and damages that mny
1 accrue to tho defendant in case it shnll
finally be adjudgod that the plaintiffs are
not entitled to the relief claimed
| {SiQned) r. Il CARPENTER