The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-27
BIC SUIT FOR WATER rent
Gas and Water Company Against
l.. |. and {. Company.
1T IS BEFORE JUDGE GUNSTER
Several Days Will BE Required to Try the
Case-Judge II. VI. Mcclure Is
Holding Court In No. 8
This Week.
1T IS BEFORE JUDGE GUNSTER

Court room No. / was we'll filled yes
terday with Interested listeners to the
Important assumpsit suit Of the Scran-
ton Gas and Water company against
THE Laciawanna Iron and Coal COM
pany,. which was called for trial before
Judge Gunster. The suit involves a
sum of $9l ,94l.66, claimed as water rent
for the consumption of water by the de-
PENDANTS, which, it is alleged, they were
not entitled to according to the terms
OF the contract between the Gas and
Water company and the Steel company.
1T viii be remembered that last Aug
ust the Steel company brought an in
junction pi pioceeding against the Water
company, the latter, it is claimed. hav-
ing threatened to shut off the water, If
the amount in dispute was not paid.
Both sides came to an amicable ad-
justment of the difficulty by an agree
ment to continue the matter in obey
ance until the suit, which was opened
yesterday, was settled.
NO trouble was found in selecting a
jury, and Attorney Lemuel Amerman
opened for the plaintiff. He was as
sisted In the case by Attorney /. H.
Burns. w. w. Scranton, president of
the Gas and Water company, sat beside
them. General Manager Mckinney and
Master Mechanic Henry Wehrum. re-
presenting the defendant Steel COM
pany, occupied seats inside the bar rail
just behind the defendants table. At
torneys Joseph O'Brien, of this city,
John G. Johnston, of Philadelphia; NJ.
f. Olmstead of Harrisburg, and Hamil-
ton Wallace, of New York, conducted
the case for the defendant.
On Aug. 81, 1874, contract was made
By the Water company with the defend
MStts, the latter agreeing to pay $400 a
lonth. On Feb. 10, 1884, another con-
ract was made, a yearly one, and the
Irms were that an annual rental of
900 was agreed to as the price of
ater supplied. for steam. fire.
drant, hydraulic. store and dwelling
Uses, and for no other purposes.
Testimony of President Scranton.
The testimony of w. w. Scranton,
who was on the stand when court ad-
journed, covers the case. He has been
president of the water company since
1879. He had been connected with the
Lackawanna Iron and Coal company,
then operating the North works and
blast furnaces, for six years prior to
1880. In that year he left the employ of
the Iron and Coal company and, with
others, built the Scranton Steel mills,
Of which he was general manager, for
seven or eight years, or rather from
the year that the mills were first oper-
ated, until the Scranton Steel company
and the Lackawanna Iron and Coal
company became consolidated and
formed the Scranton Iron and Steel
company, which took effect in March,
1891.
Mr.. Scranton discovered soon after
ward when he examined the supply
pipes leading to the mills, that water
was being used contrary to the agree
ment in the contract, that to put In
figures the amount of water consumed
which was not paid for, approXmatec
from three to four hundred thousand
gallons of water day This water
used against the terms of the contract
was used for miscellaneous purposes
for cooling, condensing, boshes ant
tuyers.
He Immediately notified Genera
Manager f. s. Moffat and simulta
neously sent in bill of $4,000 at tho
rate of $1,5OO year for ten years. Tht
bills were not paid nor were subsequen
bills sent in for water consumed by tn,
Lackawanna Iron and Steel company
$. By the agreement made in 1881 tn,
Iron and Coal company consented t.
build reservoir and pump water from
the river to be used in the extra con
sumption for which the water compan!
is now suing to recover rent.
An Interesting Exhibit.
A miniature facsimile of the wate
pipes leading from the mills to TIL
reservoir on South Washington avenu
was exhibited in court. 1t showed tn