The daily morning journal and courier., 1894-12-07
OVER THE LEWIS MEMORIAL
LEGALPROcEEDIS6sIyT IN yTHEsHxPE
 OF AS INJUNCTION
To Restrain the Committee From Erecting
 the Bust of Mir. Lewis in Front of the County Court House-0uits a Stir Cre-

| V
 the Bust of Mir. Lewis in Front of the
 County Court House-Quits a Stir Cre-
 ated.
 The work of preparing the ground in front of the County court house for the laying of the foundations for the monument to be erected in memory Of the late ex-Mayor Henry G. Lewis was begun yesterday morning. but 1t soon came to a sudden stop. owing to an injunction having been issued by the court at the petition of State Attor- ney Doollttle. who opposes the erection of the monument at that location. One of the large fiagstones had been re- moved and quite a hole dug before news of the injunction came.
 Mir. Doolittle said in regard to the matter that the spot chosen was not the proper place for the statue or me- morial to Mayor Lewis. It was a wrong place for the memorial and a wrong use of the county property to place 1t there. What did Henry G. 1 Lewis ever do for New Haven county that thls memorial tribute should be placed on the county property" adGed MT. Doolittle. Moreover MT. Doolittle took objection to remarks made in some of the papers to the effect that MT. Doolittle. if he was opposed to the location should have made known ob- I 4l.z To said emphatically that he had opposed the locating of the memorial in front of the County court house from the start. Just as soon as that location was proposed he immediately notified the county commissioners of his views and position in the matter. He had notified, the commissioners at once at the earliest stage necessary in the pro ceedings in question. He had from the very first made known his opposition. There had been no delay on his part in the matter. He wished this fact to be understood
 Following is a copy of the injunc- tion:
 To the Sheriff of the County of New 1 Haven, His Deputy or Either Con-
 stable of the Town of New Haven Within Said County Greeting: By authority of the state of Connec- ticut, you are hereby commanded to l summon James Reynolds of the said town of New Haven, John L. Lindsley of the town of Ansonia in said county and Albert B. Durham of the town of Seymour in said county, as they are the county commissioners of the said county of New Haven, to appear be- fore the court of common pleas to be holden at New Haven, within and for the county of New Haven on the first Monday of January, 1895, then and there to answer unto Triton E. Doolittle of the said town of New Haven in a civil action, wherein the plaintiff com plains and says:
 First-The plaintiff is an inhabitant of the said town of New Haven, and is, and for many years last past has been, the owner of real estate situated within the town of New Haven, in said county of New Haven, and he has heretofore been assessed and taxed for such prop erty.
 Second-The defendants are the coun- ty commissioners of said New Haven l county. ...
 Third-The said defendants are now threatening and preparing to erect upon the land of the said county and imme diately in front of the court house of from said court house to the public street, a private monument or struc- ture, and to appropriate the use of said land of said county for, the purpose of said monument or structure.
 Fourth-Said land of the county can only be legally appropriated and used for the site of g. court house or other proper county buildings, or for addi- tions thereto for the use of the county and for county purposes, and such con- templated and threatened use of said land for the purpose of said private structure or monument is contrary to law. And said threatened acts of the defendants in the premises are not au- thorized by law and are an appropria- tion of the public property of the coun- ty for private purposes.
 
 if erected. will most seriously obstruct the free passage to and from the said court house to the great and irrepara- ble inconvenience of the public.
 Sixth-The plaintiff is without ade- auate remedy at law.
 The plaintiff. claims an injunction re- straining and enjoining the said de- fendaflts, and each of them from erect ing or locating, or suffering to be erect ed or located, upon said property of the county of New Haven, any monument or other structure, and from appropri ating further for the use of any mon- ument ert other structure, any portion of the said land of the said county.
 Hereof fail not but due service and return makes according to law. I
 Dated at New Haven this 9th day of December, 1Ss4.s ,;nsss ,.g .s,<, EDWARD H. ROGERS, Commissioner of; the Superior Court for
 New Haven County .....
 The committee having in charge the erection of the memorial were consid- erably set back over the news of the injunction. They had secured the con sent of the county commissioners to erect the memorial on the spot in ques- tfon, after having, received the gener- ous and. spontaneous contributions of l many persons, toward the memorial fund. and felt authorized to go ahead. Tha committee say they needed MT.