The state journal. [volume] (Harrisburg, Pa.) 1883-1885, 1884-05-10
THE MARKET QUESTION.
JUDGE sIMONTON GRANTS A PRE-
LIMINARY INJUNCTION,
which Puts a Stop to Operations in the
Square for the Present-Thc Writ Made
Returnable on TO-day-The Papers
in the Case-Other City News or
Interest Sc, &c.
NEW MARKET HOUSES.


The Preliminary Injunction Granted BY
Judge Simonton Nm The Papers in the
Case.
S. j. M. NJ Carell, ESQ, one Of the at
torneys for the citizens opposed TO the
erection of new market houses in Market
square, left for Philadelphia to secure the
name Of Attorney General Cassidy as one
of the parties to the action leading to the
injunction. This was accomplished in
the afternoon, and at S:50W ednesday night
Mr.. Nj Carroll returned home Counsel for
the injunctors then called on Judge
Simonton, who granted the preliminary
injunction. making the writ returnable
this morning at 10 o'clock in the
morning. The papers were filed with
Parliamentary Mitchell, and the first step
in the great market house injunction case
has been taken The petition Of the in
junctors, as condensed, is as follows
The Commonwealth Of Pennsylvania
ex relatione, Lewis G. Cassidy, Attorney
General, and John j. Shoemaker, Adam
K Fahnestock, Henry Felix, Daniel ED
pley and Thos. III. Hest VS.. The CITY Of
Harrisburg s. H. Ettla, j. p. Walters,
John G. Lyme, i. X Meyers, J. r.
Stoey, 3. Il. Wilson, NJ. Brensinger, a.
II. Franklin, Herman WOLF, j. a.
Fritchey, /. S. Trostle, John @. Forney
and j. A. Slentz.
The petition sets forth that the defend
ants are about to erect two brick market
houses on a portion Of Second street
known as Market square, and have begun
to make excavations for that purpose.
That these houses, if erected, will be per
manent Instructions TO Second street, as
opened, dedicated and confirmed to the
public forever as public street by John
Harris and Mary, his wife. That the
owners of real estate fronting the pro
posed brick market are entitled to the
easement Of light, air and unob
structed view over and across said
street and square, ana by the
erection Of said market houses
the rights and privileges Of the owners
will be greatly injured ana impaired, and
the rights or the public generally in
Second street greatly INSTRUCTED and inn
peded. That the contract and erection of
said market houses are without any legal
warrant or authority and if the build
ings are erected they will be public
nuisance subject to abatement by law.
They further show that $54, 063 out Of the
funds of the said city are to be paid for
the erection Of said buildings, and
that this sum will be taken from
the proceeds Of the sale Of lots in the old
reservoir, which it is asserted had been
appropriated and set apart for the liqui-
dation Of the city's debt, and property
holders and taxpayers generally Will be
greatly damaged and injured by the ex-
penditure Of the funds Of the city in the
erection Of market houses which may at
any time, by legal process, be declared
public nuisance and abated.
In view Of all this the petitioners ask
that the court grant preliminary injunc-
ton restraining the city from building
new market houses.
Bond was given by the petitioners in
the sum Of $1,000. This morning City
Solicitor largest, in court, asked that an
increase bond be filed, alleging that the
amount named, SO, 900 was entirely made
quate. The court said that the applica-
ton for the increase should be postponed |
until the case is heard Saturday morning.