The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-07-09
r..apoR. PLY ENJorSED.

tween the Water Works Pumps and
the Cottonwood River
Upon the petition of W. T. Soden,
Judge E. Is Peyton, Of the Fifth Judicial
district, has granted temporary injunc-
tion, restraining the city of Emporia,
through its agents and employees, |
Messrs. Russell q Alexander, from fur
Their proceedings in the matter OF con !
Meeting the water works pumps with |
the Cottonwood river by means Of twelve
inch pipes which were being Land for
that purpose.
The petition sets forth that for the
past eighteen years the plaintin has
owned and maintained a mill-1am across
the Cottonwood river, and has enjoyed
during all that time, peaceable posses
sion OF the water which has Ueen nc
customed to flow along the channel OF
the Cottonwood 10 the mill, having pur-
chased the right of Curtis Hiatt, twenty
years ago, TO erect and maintain min
dam and To the water flow OF the river
for the use OF his mills. That lac has ex-
pended large sums of money In the con
structiOn of buildings and the improve
ment of the water power which is en-
ployed to operate his mills That be-
tween the months of April and July,
1880, the city Emporia, through her
agents and employees, Russell " Alex
ander, against the positive Introduction
of the plaintiff and against hls repeated
remonsIrances and protests TO the mayor
and council of the city in session, and
without any license, warrant or auihori-
" of the plaintiff, or the law or by con
demnati0n, OF Otherwise, did cause To be
constructed oRsthe bank of the Cotton
wood IL system OF Holly water works,
and have caused IA well % feet in diane
ter aud % feet deep 10 he sunk
in the ground below the water
level. of the SAID milf pond
at ordinary stages of water, in said
pond Of eight feet. and that they thereby
draw wafer from said mill pond To sup
pIy said we'll, with the water of which
well there is now connection with
pumps by. twelve inch pipe, through
which water is now being drawn for the
use of the city TO the irreparable injury
of said plaintiff, said water power and
said privileges. That said defendants,
the city of Emporia, by its mayor and
council, and through Russell & Alex
ander, its agents and employees, without
| law or license, and against the remon
strances of the plaintiff, are now ell
gagged in laying twelve inch pipe &c
connect the pumps with the said mill
pond- for the purpose of further drawing
water for the use of the city, and by thai
means to divert and carry away large
quantities of water from said mill pond
which shall increase with the water de
mand of the city, to the grea
and irreparablc injury of the plaintiff.
The said plaintiff therefore demands
and prays an injunction restraining sai'
defendants aud each ofthem from layin!
the said pipes into the said mill pond
pending this suit, and at the final hear
ing that said defendants and their sue
cessors and assigns be perpetually en-
] Joined from further drawing water from
said well or any other well sunk alon
said mill pond, and river above said dan
and that said water works and waite
pipes connected with said well or rive
be abated as n nuisance and for all pro
per relief in the premises.
The amount of the plaintiff bond
81 900, and is signed by himself and
Hood. His side of the case will be rel
! resented by Messrs. Scott Il Lynn an
e A. Gillett, while Mr.. G. N. Sterry, b
{ virtnc of his Office as city solicitor, wi
!, look after the interests of the defendant
). It has not yet been determined whetb'
J. the city will move for Il dissolutiC
e of the injunction or allow
to stand till the sitting of court in Sc
G TENDER. The effect of the injunction
Ir TO suspend the operations which were
&c progress for effecting connection l
,e tween the river and the pumps, al
!e which were So far completed that Il
S, pipe had been sunk in the Cottonwo'
s. and extended eight feet on the bank
At the direction of the engine house.
n Without pausing TO pass upon Z
merits of an issue in which
Nv large proportion of our people are
= terested, we believe we only reflect t
20 general sentiment when we venture I
earnest hope that some settlement
u this question may be reached witho
Te resorting to litigation, and thus ave
as the expense and anxiety of an action
n, law which would be attended with
y measure of regret sadly at variance wi
u our recent joyful festivities over
n completion of the water works.