The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-08-26

With Their Hydrants-No Case in HsnricO
Against Policeman Gibson.
Yesterday morning Mr.. Charles U. VIII
liams, OF counsel for the Richmond and Al
leghany Railroad Company, addressed and
handed to Judge George l.. Christian, OF
the Hastings Court, (in the absence Of
Judge FiiEhugh,) the following application
for an Injunction against the Mayor and
the city Of Richmond snd its agents TO
prevent them from interfering with the
waste-gates. wstsr.fow, and property Of
said railroad company.
Mr.. Williams asked for immediate action,
but City Attorney Kelley insisted on bav-
ing reasonable time 10 consider the ones
tions involved. and the Judge granted him
until Saturday, to which time further hear.
ing was adjourned.
tbs PETITION
Of Mr.. williams Is az follows:
TO the Hon. Il. II. FGtrhVgh. Judge Of the
Chdncsry Court Of the CITY Of Rich
Yn0nd:
Humbly complaining shows unto your
Honor your orator, the RichmoRd and AL
lCKuAUy hNliBNeu AOADR tbdb IL 10 a WI ."
poration daily chartered and organized un-
der the laws OF the State Of Virginia; that
as such and by authority of law it bss be-
come the owner in fee of all OF the property,
rights, franchises, and privileges which for
merly belonged to The James River snd Ka-
nswha Company, aud rs such las assumed
or bad imposed upon it certain obligations
OF said James River and KauaWha COM
pany that among other property thus &C.
auirSd this compsny is the owner OF the
James River and Ksnswha csnsl, formerly
used for navigation 9pd for furnishing wa
teT-poWeT for various manufacturing estab-
nsbments, mills, &C.; that by its charter
This company is required to keep said canal
I'm order for navigation from
BOsHBR's DAM 10 THE CITY 0P RICHMOND;
that It bas endeayOred to comply with this
requirement OF its charter, but is now pre-
vented from so doing By the action OF either
the city OF Richmond or certain irTesponsl.
bic parties pretending TO act on behalf OF
said Sity.
For the convenience OF said city In the
construction OF its new water-w0rks, at o
point on said canal known as the "Tbree-
Mile locks" this respondent drew OF the
water from said canal from BOsher's dam to
a short distance below the said Thfee-Mile
locks during a time when it was not essen
tial to the interest Of this complainant 10
draw water from said Bosber's dam. But,
in anticipation OF the present drought, this
complainant a short time ago gave notice to
the city OF Richmond that it intended
TURNING THE WATER INTO THE CANAL
at Bosher's dam In order to be able TO COM
ply With certain contracts made by the
Jsmes River and Kaoawha Company with
,be Tredegar Works, the Gallego Mills
Manufacturing Company, the Richmond
Paper-Mn Company, and others, the obh-
CATION OF which contracts are Imposed by
law upon this complainant.
The city OF Richmond at once obtained
40 Injunction. improperly, as this complain
aut il advised, restraining this complainant
from this exercise OF ats rights, since which
time this complainant has been only partial
" able to furnish the water-power which II
is under contract 10 furnish, and has Dcen
IA hourly expectation OF SUITS against IL Dy
the parties thus aRRrieyed for lis failure 10
furnish wster-power as aforeSsio, ana thls
apprehends that 1t has ineur-
red
LIABILITY FoR HEAVY DAMAGES
for its failure, so caused as aforesaid.
Notwithstanding the interruption thus
ant. IL has managed to maintain the noW OF
wafer. but in redueedquantiiy, from point
neIr the Three-MiIe locks to the city OF
Richmond, and thus partially to supply 20
its said customers and contractors partial
supply OF water But on this 24th day OF
August the Mayor OF the city OF Bichmoaa
has caused the water gates OF this complain
srps canal 10 be opened, and the wAter
turned from said canal into the rlver-tbe
eject df which Is 10 totally deprive this
complainant OF the ability to discharge the
obligations OF ts charter and contracts -
aforesaid.
When this complainant first heard OF tsis
INVASION OF ITs RIGBrs
II cansed said wsste-gates to be at once shut
down. whereupon w. e. Darlington, Mayor
Of toe city OF Richmond, went without au'
thorlty OF law, and in defiance OF your
rights, and with an armed
body of police drove of the agents and eIn.
ploy<s OF this complainant from the SAID
premises and again caused said waste-gates
10 he opened.
This com plainant AYERS that e. Is powerless
20 resist without serious brcsch OF Ine
oeace and the probable loss Of lives this
spcroaebanept upon its rights. That 1t is
9th thus 10 Yisit upon ignorant men, VINO
ioubtlesS believe they are performing
iuty, the consequences OF the ignofsnce and |
olIv which hiss prOmpted said Mayor TO bis
IIe1al and unreasonable conduct, watch, il /
lIowed to GO unchecked, will entail irre-
,arable damage, not only upon ibis com
,Iainant, but npo1 all the mills, faetsf'es'
.c.. drawing their power from SAID canal,
nd upon the hundreds Of their employees
nd their families, who are dependent uPsa
se supply Of water for their employment |
nd upon that
EMPLOYMENT F0E BREAD.
Wherefore since your orator Is without
smedV. save in court Of equity, where
,otters OF this sort are alone coeniziDle
nd relteYable. and to the end that justice
sy be done, &C., your orator Jrsys your
onor 10 snjoin snd TeSsfain .Ds Ss,s,na,"s ssa v
ayor. and ali other OF the agents. servspe,
ID empIoyEs OF tbe said city, or OF the asio
syor. or suoh az may claim 10 Represent
8 d ely Aforesaid og said Mayors 'som 'uf' q