The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-10-06
ONE CENT.
THRER SUITS BEGUN.
The Borough Has Plenty Litigation or
Hand

The Borough Has Plenty Litigation on
Hand
Two injunctions and q rule for an iniunc-
ton were dumped into the borough's lap
yesterday by the Pottsville court upon ap-
plication of the Girard Estate, Thomas Coal
Company and Shenandoah Water Company,
and in consequence of the action by the first
two named corporations all work on tho
public water works is again at standstill
and will probably continue so for some time,
or at least until such time as the court can
hear arguments and give consideration to the
merits Of the cases as presented by both sides.
The papers in the cases are vouminous and
three days were required for the preparation
Of some of them. The proceedings before
the court yesterday were of an er parte order
and the court had nothing to do but grant
the injunctions if the matters set forth in
the aflidavits warranted them. The court
fixed Monday, next, at p. M, to hear both
sides in all cases, but it is quite likely that
the borough will require more time to pre-
pare its arguments.
The suits of the Girard Estate and Thomas
Coal Company are instituted against NJ. p.
Quinn and T. f. Kerns, the contractors Of
! the public water works, and William Adams
and William Brennan, their subordinates,
and they arc restrained from proceeding with
the construction of reservoir No. 2 under
penalty of s. OOO 1t is claimed that the
construction of the reservoir is a menace to the
lives Of the people employed in the Kelley
Run mines; that the employees will be in
great danger constantly from floods if the
| reservoir is allowed to fill.
The Girard Estate people further claim
that they own the William Steadman tract in
West Mahanoy township upon which reser-
voir No. 2 is now being constructed, and also
| the James McNeal and jeremiah jackson
tracts that the borough is trespasser upon
these lands, in that it has entered upon them,
cut away brush and timber and commenced
the erection of reservoirs without the per-
mission of the Girard Estate officials, or the
court, without notifying the Girard Estate
officials, and without fling a bond of
indemnity.
In its application for rule for an niunc-
ton the Shenandoah Water Company sets
forth that it was chartered on February %,
1870, to convey and introduce into the Dor
ough Of Shenandoah pure water and for that
purpose, among other things, it was em-
powered to take water from the stream
known as Kehley's Run, and from other
streams flowing upon the property Of sundry
persons or companies claiming the lands
a1 tbs 10
Of Shenandoah. That the company complied
with all the requirements of the law which
created it and in order to fully catch all
the water contained in the water shed of a
run known as Fowler'5 run it constructed
what is known rs Fowler's reservoir, which
drains swale or valley and gave the COM
pany a large amount of water. That the
company requires all of its water sheds and
springs and streams, but the borough of
Shenandoah proposes to build a reservoir
within the water shed of Fowler's run, which
is covered by the company's charter. The
company also alleges that foreign waters are
intended to be pumped therein, so as to make
the reservoir, the pipes and the general
service of water to the borough of shenan-
doah dangerous in case the said respondents
should therein place the waters they propose
therein to raise; and this by reason Of the
fact that your orator has ever been careful to
build, erect and construct its dam and reser-
voir with a view to preserve the safety of
life and property from the flow of water
which naturally comes within the water shed
granted to it by the Act of Assembly and
that it is now endangered, by reason Of the
fact that it proposed to place therein stock
of water not provided for when the provisions
thereof were made for this company under
the charter"
The water company asks that the borough
be restrained from interfering with the
water shed, from building any reservoirs or
cutting away timber in it, and from placing
any distractions either in the water shed, or
in the stream which shall at any time make
it dangerous for the proper operation of the
compliments water works.