Waterbury evening Democrat., 1888-03-28
HEARING ON THE INJUNCTION. Arguments Made Before Judge Brad
 street in the District Court.

HEARING ON THE INJUNCTION. Arguments Made Before Judge Brad
 street in the District Court.
 The arguments on the motion of City l Attorney George E. Terry for the dissolu tion of the injunction of Holmes, Booth S Haydens, restraining the city from con structing sewer in South Riverside street, was heard before Judge Bradstreet in the district court this morning.
 General Kellogg, counsel for Holmes, Booth & Haydeps, read the complaint and the sewer act and recent recommendation of the railroad commissioners concerning the South Riverside and Burnham street crossings We claim, said General Kel- logg. that the railroad commissioners have general power and he read the statute de- scribing their powers, and the special act of the last legislature concerning Burnham street. He understood that this South Riverside street sewer was for the benefit of the general public.
 c. N. Wayland, president of Holmes, Booth & Haydens, being placed upon the stand, said that the sewer would entail considerable damage and would work an injury to the concern. When asked by City Attorney Terry on what way it would injure his property, provided, of course, that South Riverside street was discontinued said that the dam age would be the interference to building. He did not know that there any water main in the street. MT Terry said that the water main was an old cement pipe and was liable to break any time. The witness thought that the water pipes would not cause as much inconvenience as the sewers.
 A. s. Chase, formerly president of the firm, when asked the same question put to the previous witness, said that & sewer through South Riverside street said sewer would be an incumbrance and damage.
 General Kellogg said the property was wonderfully adapted for building purposes. Mir Terry remarked that Band street would make a fine site for buildings.
 City Attorney Terry began the city's side of the case at 1O:4O. He read from the public records the deed of Ansel s. Porter to the New England road to show that that ing was not included.
 City Engineer Weld, being called to the the stand said that the object of the pro posed. sewer was to divert the flow of sewage from Bank street at the Nauga- tuck river to below Burnham street and to give that portion of the city near Burnham street an outlet sewage. Bank street was at that time considered a poor point to empty the sewage into the river. There was no other way he said to carry the sewer to the point desired, ex- cept by going through private property. He said that the construction of a sewer through the property would not be as dam aging if the street were discontinued as a sewer main, because water pipes were more liable to be dug up.
 To General Kellogg he said much of a technical character which, however, had liroot hoo,.irrr as regards the manner in which one might be constructed to the Naugatuck river be- low Burnham street.
 This concluded the evidence and Gen Kellogg began his argument against the dissolution of the injunction. He simply claimed that the railroad commissioners had the power to discontinue the street, speaking only few moments.
 City Attorney Terry said that it was con ceded that the city had the power to lay out any highway in this city, and it was a question whether South Riverside street had been discontinued. He read from the statutes concerning the powers of the rail road commissioners and held that the commissioners had ignored all the provis- ions of the act, except that they had rec commended the discontinuance of the South Riverside street crossing after the con- struction of Burnham street under the tracks of the New England road. No such street had been laid out, he said, much less constructed under the railroad He read from the charter in support of his statement that Burnham street at the rail road crossing was not highway. This order of the railroad commissioners was without any foundation whatever. This order is, said MT Terry, absolutely void. We deny the jurisdiction of the railroad commissioners in this case. He did not believe that there was any court in Christendom that would order that change. He argued that the commission CTS had not complied with the provisions of this act They had left the expense to future litigation. The appeal he claimed vacated this order of the commissioners and he read the statutes in support of the statement. The whole question was in the courts and this order was entirely nuga- tory, and had no effect, except what the superior court sees fit to put upon it Be- to be deprived of it's legal right. It was stretching the power of court of equity to interfere in the carrying out of legis- lative act with such problematical state of affairs as exists at present. It was tirely problematical whether Burnham street would be laid out and if it were laid out it was entirely problematical whether South Riverside street would be discon tinued
 General Kellogg, replying to Attorney Terry, said that the city was playing the baby act. He arged that the whole pro- ceedings were ended by the award of the railroad commissioners. In regard to the failure of the railroad commissioners to provide for the expense he arged that there was no expense entailed by the discontinu- apca Of tha croScinu Ia said tbat th a,o was no special haste for this change. Holmes, Booth & Haydens were the last people to oppose any improvement and were willing and ready to stipulate that they will pay the land damages for sewer on the east side of the railroad track.
 Judge Bradstreet took the papers in the case, reserving his decision.
 DRAWING ROOM MUSEE. A Wonderful Exhibition to be Given at
 Music Hall.