Morning journal and courier., 1886-07-22
THE INJUNCTION REMOVED.

The Fair Haven and Westvflle Horse
 Railroad Company Permitted to Com
 t1nue Their Work of fLaying a Double
 Track.
 A hearing on the petition for 8 removal of
 the injunction obtained yesterday by Arthur
 W. Wright and others, at the instance of resi-
 dents on York street, to restrain the Fair
 Haven and Westville horse railroad company
 from laying center bearing rails on their double track through York street from Elm
 to Chapel streets, was heard yesterday after
 noon in the room of the Court of Common Pleas before Judge Deming.
 The petitioners were represented by Law yers A. w. Wright, Charles T. Morse and 1 James s. Thompson, while ex-Judge Harri- son appeared for the railroad company. The attorneys for the petitioners claimed l that as the writ was made returnable before judge of the Superior court, that the hear | ing should be before such judge and not 1n | the Court of Common Pleas. Ex-Judge Harrison read from the statute O. 1875 to show that any judge who issued an injunction could remove the same, either at the regular term of court or during vaca- | tion.
 Judge Harrison said that the railroad com pany had proceeded in exact accordance with | the vote of the Board of Public Works and | the allegations in the prayer of the petition
  | He then offered a certified copy of the record of the Board of Public Works in regard to | the vote referred to.
 Attorney Morse objected to receiving as | evidence anything but the record book and 8 messenger was sent for Clerk F. H. Waldror with the request that he bring the records l into court.
 l Mr. Morse then asked that the Injunction | be continued until the Board ot Public l Works could have an opportunity to act up l on the petition sent to them asking that they
 require the railroad company to lay the l rail instead of the center-bearing one ss pro posed.
 Judge Deming said: We cannot act upor | any supposition as to what the Board oi Public Works will do, but only upon what l they have done. If they have given the
 company authority to lay the center bearing
 rail through York street and they are Follow
 ing out that order then the injunction should l be dissolved.
 | Mr. Morse again asked for delay, and said he was willing to have it understood that il l the Board of Public Works did not reverse l their action at their meeting last evening
 then the injunction should be dissolved. l Judge Deming replied that he did not
 believe it to be the duty of the court tc | fu1 nish material for the parties to continue | their quarrel.
 | F. H. Waldron having appeared with the | record book the different votes passed by tht Board of Public Works on the subject were
 read to the court by ex-Judge Harrison.
 President Ives of the railroad company
 and D. w. Blakeslee, the contractor for lay
 ing the track, both testified that the work | had been thus far done in exact accordance l with the votes of the Board of Public Works | Judge Deming then said: I don't see tha
 there is any way for me to do but to dissolve
 this injur ction. Had known yesterday o l these votes of the Board of Public Works should not have issued the injunction.
 don't see from the testimony that the railroad ! company are doing anything else than wha tbe Board of Public Works has given then power to do. It seems to me, at this stage that an injunction is an improper thing. The attorneys for the petitioners plead tol
 delay, but Judge Deming cut them short by | declaring the injunction dissolved.