The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-10-07
rHn IN1uNor1oN SUITS.
Girard Estate aud Thomas Coal Company
Complaint.

Complaint.
The papers in tho injunction suits of the
Girard Estate, Thomas Coal Company and
shenandoah Water Company, against the
Borough of Shenandoah and its contractors
to restrain the latter from erecting reservoir
and laying pipes for public water works on
Locust Mountain, were received by the
borough officials yesterday. The statements
upon which the water companys suit are
based we're detailed in the HERALD yester-
day.
The grounds for the action as set forth by
the papers Of the Girard Estate and Thomas
Coal Company are as follows: The borough
and its contractors have entered upon the
William Stedman tract of land without
having instituted any condemnation pro
ceedings, or rendered any security for the
injury they may do to said property and the
mining rights They have proceeded to
excavate the ground for the purpose Of con-
structing large reservoir which is intended
to hold a large body of water which is to be
pumped into said reservoir from two streams
of water on the opposite side Of the noun
water is 10 be conducted in pipes along the
south slope of Locust mountain over and
above the mine workings of Kehley's Run
coliery for distance Of at least one half
mile Said reservoir is upon the south
dipping measures and from the character of
the soil and dip of the rock, all drainage and
f>lealage from said reservoir will necessarily
lind its way into the mines of The Thomas
Coal Company. 1t will be impossible TO retain
such large quantity of water and avoid drain
age into this colliery; that the leakage will
materially and constantly injure the colliery,
adding very largely to the expense of keep
| ing the said mine clear from water if not
absolutely endangering the working of the
same, and the lives of men and boys employed
therein. That if at any time a break occurs
in this reservoiror in the pipes leading from it
to Shenandoah, the mines of the Thoma S
Coal Company would be rapidly flooded, as
the large breaks in the surface on the noun
tain over and above the workings of said
company would permit the water to run into
the mines below, rendering it dangerous and
employed in said mine to escape in such
event That in the construction of the pro
posed reservoir the south dipping rocks will
be cut and it will be impossible to prevent
some of the water stored therein from per-
colating through and ultimately reaching the
bottom of the basin in the mine workings O.
the Kehley's Run colliery; and that it viii
be impossible to construct reservoir as pro
posed, at the location selected which will
prevent at least some of the water from leak
ing through the strata, and finding its way
into the mine.
The complaint further alleges that tht
City of Philadelphia receives annually from
the Thomas Coal Company large royalty
the annual shipments amounting to 10000
tons of coal and the construction of tn,
reservoir upon the ground selected viii prac
tically destroy the value of the colliery, no
only to the City of Philadelphia, but to tn,
tenants. The complaint adds that a reser
vOir can be constructed and pipes laid OF
other tracts lying to the east of the William
Steadman tract without much, if any, addi
tional cost, and that reservoir so located
would not interfere with the mining opera
tions of Kehley's Run colliery, or any othe
} mining operations and would not, if fllet
with water, put in jeopardy the lives of mel
engaged in mining, or endanger propert.
rights.