Morning journal and courier., 1889-08-07
ANOTHER INJUNCTION GRANTED.

IN Injunction Against Tearing Down
the Old state HOuse-It L. Issued at
Hartford by Judge Carpenter Yester-
day-whas the Petition and she
order Say-An0therI Interesting CnaP.
ter In the Old state House History-A
Document worth Reading-A sensa'
ton About Town Last Night.
And still the old State House question re-
mains with us, and its fate Is not yet sealed.
The old structure had doomed appearance
up to last night, but Its friends say that
when seen under the effect of the brilliant
last night it looked bright, al
most blithe-which was attributed to be not
no much in consequence of the aforesaid
as II was Of an injunction granted
yesterday at Hartford giving the old build
ing one more chance for Its life. Qaite
sensation was created about town last even
ing as the news was circulated that another
injunction had been granted, and one and
another fell to discussing the present aspects
of the State House case. Mr.. B. Noyes,
speaking for himself and others, said the
edifice was not to fall without another strug-
Gle to save it. What did it matter II the
north and south steps were cones They
would have had to be displaced and rebuilt
ANYWAY. The stately pillars at each end
were gone, too, but what of that The main
building was there almost intaot-and
as solid as q rock. The work of demolition
had but convinced many doubters that the
building itself was as strong as the adaman-
tine hills and had confirmed the opponents
of demolition in their view that it was a
shameful waste and extravaganza to pull
down so solid structure that was only sixty
years old.
Judge L. e. Munson, of this city, appeared
as attorney for the applicants in the case
yesterday. The full text of the application
and of the injunction is as follaws:
To the sheriff of the county of New Haven,
his deputy, or either constable OF the town
of New Haven, in said COMMUNICATING:
By authority of the State of Connections,
you are hereby commanded to summon the
city of New Haven. a municipal corporation
In said town, and John w. Lake, OF said
town, auditor of said city of New Haven,
and William J. Montgomery, all of the town
aud county of New Haven, to appear before
the superior court, to be holden in New
on the first Tuesday of October, 1889, then
and there to answer unto George B. Bates,
Bansom Hills, j. Chapman, VIM. Fl. H.
Hewett, B. j. Stone, George Hotchkiss, I'd,
Benjamin Noyes, and such other citizens as
may desire to join, all of the city of New
Haven, in civil action wherein the plain.
tiffs complain and say:
/. The petitioners herein, come In aid OF,
aud hereby adopt as part of this petition and
complaint, all, or so much of the complaint
of Eli Whitney and others as may be deemed
necessary, now pending before the superior
court for this county, dated June ID, 1889.
=. For further cause of complaint, the
plaintiffs herein alledge, and assert the facts
to be, that the mayor, aldermen, and com
mon council of the City of New Haven, ant
John w. Lake, auditor of the City of New
Haven, are exercising, and threaten to exer
else powers which they do not possess, ii
contravention of the charter and ordinances
of the City OF New Haven, and the laws O
Connecticut, and are now illegally engaged
in pulling down, destroying, aud removing
the State House building located on the ives
half of the public green in New Haven, with
out being possessed of legal power or RICH
80 to do, and contrary to the expressed ant
known wishes of the citizens and legal voter
| of said city.
8. That said State House building was erect
cd, to wit. in 1928, by the joint expense of tn
| State of Connecticut, and county of New Ha
| ven, and has ever been and now is, useful
| safe and convenient, and of great value t.
| the city of New Haven and the citizens o
| said city, and of this community; and 1t
destruction, or removal will be of great dam
| age to said city, to the petitioners, and tn
| taxpayers of said city and county.
| 4, That the county of New Haven, has
| valuable interest in said building, which ha
in said city, by any legal, valid, or pretended
| conveyance thereof.
8. That In 1887, the citizen voters o
| New Haven, at large, full meeting dull,
warned and held for such purpose, voted b,
appropriated sufficient money for such pur
| pose, and committee to carry said vot
| into effect was duly appointed for such pur
pose, and said appointment has never beer
| revoked, annulled, or said committee dis
charged, or superseded.
6. That In December, 1885, the legal voter
of said city, again in legal meeting emphs
sized by a majority their wish by their votes
to have said building repaired, by electin
| the present mayor of said city who was
pronounced advocate for it's repair; and d.
pronounced advocate for it's destruction an
removal.
z. That the vote of the aldermen aud com
mon council of said city for the pulling dow
of the State House building, was irregular
l without due consideration, illegal and void
without authority under the charter or OF
| dinances of said city, and was in direct con
| hict with the votes and well known wishe
| of the voters and citizens of said city.
| 8. That the vote appropriating money 70
l its repairs, and the appointing of a commit
tee to superintend its repairs, has never bee
rescinded or vacated or reconsidered by tn
board Of aldermen or common council G
said city.
o. That neither the charter or ordinance
| of said city nor the laws of Connecticut Civ
to the auditor of said city any authority I
contract for the pulling down or removt
| from the Green of the State House building
i nd mn nj Nv Ia riu IN tba a.
dermen or common council or mayor of til
city to clothe the auditor with authority fc
such purpose or to make an order or contraC
| for such removal.
10. The said John w. Lake (said auditor
has assumed upon his own volition, or undo
pretense of some conferred license by said a
dermen and common council, such authority
and without law or right is now endeavorn
to carry out such intention by contracting fo
Its pulling down and removal, pledging th
credit of the city to large sum and to grea
expense to your petitioners and taxpayers c
said city for its removal, and neithe
the petitioners, tho taxpayers nor tn
city are protected by his bond
against the destruction of said State Hous
building, and have no relief and no rsmed
for waste and destruction of valuable publ
property which has already been commence
| and threatens to be continued till its destruc
L sASA Az ooAApAotV, ohu OChoAo u hCuiAuk Cou
had upon the merits of this complaint, an
the complaint of said Eli Whitney and Others
the entire work of its demolition, and tn
irrepairable mischief and injury to the cit
| of New Haven-to your petitioners, an
other tax payers of said city, will have bee
accomplished, and they will have no ade
quate remedy at law for damages against tn
parties committing such waste and destrue
| ton.
II. The petitions claim an injunction I
prevent the further execution of said pre-
tended order to said Lake on June Sd, 1885,
and of the contract of agreement of sal
Lake with one William ]. Montgomery G
New Haven for It's removal, and against sal
city-its officers, agents, and servants, ii
the hearing of this petition upon its merits
or until the further order of this court in tn
premises.
Dated OF New Haven this Goth day of July
| A. D. 1882
| George B. Bates and others, by their al
torney, L. E. MuNsoN.
STATE OF CONNECTICUT,
NEW HAVEN County, 3d.
New HAVEN, July 20, 1889.
Personally appeared Benjamin Noyes, on
| OF the petitioners herein, and having hear,
the foregoing complaint read, made oath il
due form Of law that the facts and allega
| lions herein above set forth are true to tn
best OF his knowledge and belief before me,