The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-01-12
AN INJUNCTION |
THE ELECTRIC RAILWAY COM
PANY RESTRAINED.
ONE EFFECT OF THE WATER FIGHT
The Railway Company Will Pro
badly File Bond, Go Ahead
With It's Work and Hold
the Borough.

Inc Borough
Rumors about town yesterday that the
Shenandoah Water and Gas Company
contemplated plunging itself into another
lawsuit put the people of the town on the
q,ei Uive All kinds of stories took wings.
Some said that the injunction hinged on
the trouble the electric railway people had
with the P, & r. company at Lost Creek;
others said that it was a movement TO pre-
vent the laying out of dams by the joint
committee on water works and others
taxed their brains for theories too ridicu-
lors for publication.
The climax was reached when Deputy
Sheriff George O.hs, of Pottsville, arrived
in town, accompanied by Constable Thos.
Tosh. They arrived here as 6:35 p. m. and
at once went on a hunt for the individuals
mentioned in the writ. Messrs G. D.
Amour, p. Conry, W. f. Sadler, Jr.,
and Michael Fueror were sought and
served with copies.
| A HERALD reporter button-holed the
Deputy Sheriff and asked him what he
knew of the case. San know about 1t, !"
said he. "is that hear the electric railway
company and the water company are
fighting each other like cats and dogs. lt's
too bad, for a street railway is great
benefit to the town. / know it from
experience with our electric railway. But
it's none OF my funeral. All l have to do
is to serve these papers."
A reporter sought Thomas Grant, who is
prominently identified with the water
company. He said: II have nothing to
say. The suit will develop all the facts"
A gentleman who seems pretty we'll
posted on the electric railway affairs was
seen and, in answer to questions, he stated
that the injunction would not delay the
operations Of the company. That a bond
would be filed to idemnlfy the complain
ants and the battle would be left to the
borough and tho water company. That
while the railway company was made the
defendant the borough ordinance granting
the right of way to the road was protee-
ton to the defendant.
The papers upon which the injunction is
based sets forth the following:
Your Orator complains and says:
l. That it is corporation duly incor-
porated under the laws of Pennsylvania
by an Act of Assembly approved the 25th
day of February, A. d., 1870, which said
Act your orator prays may be taken as a
part Of this its bill of complaint.
2 That In pursuance of its rights and
duties under the said Act of Assembly it
has erected large and expensive water
works, dams, reservoirs, has laid its pipes
therefrom to, into and through many of the
streets of the Borough of Shenandoah,
which they serve and have for many years
served the inhabitants of Shenandoah with
pure water from their said dams, streams
and reservoirs and that the cost of the said
plant has exceeded the sum of one hun
full operation this day.
3. That the officers, superintendents
bosses and other workmen OF the said The
Mahanoy City, Shenandoah and Girard-
vile Railroad Company, their agents and
workmen, are now engaged in digging for
the purpose of placing ties and sleepers
| q tracks over the surface of the streets OF
the Borough of Shenandoah Immediately
! over and above the pipes of the Water
Company, these pipes beng main pipes
through which the water flows for the uses
of its patrons and customers.
4. That your orator is informed and be-
lieves that il is the purpose OF the said
Railroad Company to lay its tracks over
the pipes of your orator through portions
tions of the said pipe line proposed to be
taken are ahown by map accompanying
the bill, which said map it Is prayed may
be taken as a party of this bill.
8. That il the said Railroad Company
should lay Its tracks on and over the said
pipe line rs it now proposes TO do, egresi
and regress on the part of your orator, Its
agents and superintendents for the purpose
of repairing aud relsylng its pipes when
ever 1t be necessary would be wholly pre-
vented and would prevent your orator
from taking care OF its plant and Of en-
Ijoying the rights and franchises granted to
1t under the right Of eminent domain ex-
ercised by the Commonwealth in its gram
or charter.
6. That it is absolutely necessary for the
proper operation of the Water Company
pipes TO have free and unobstructed access
to its pipes at all times, and that the pro
posed construction by the respondent
; would hinder and utterly defeat your
orators means of caring for and preserving
its pipes, and would cause complainant in
separable damage.
7. That there is ample room on the sale
streets for the respondents to lay thei
tracks and operate their roads in the saiC
borough without encroaohing on the righ