The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-07-13
Injunction IS ended
Gas and Water Company Agrees Not 10 Slut
The Water on from The Mills
ATTORNEYS Reach settlement
But the Arguments on Both Sides
Were Heard Sefore the Conclusion
Was Arrived At--President Scran.
ton Denied Firmly That He Made
Any Threats and Is Corroborated by
Mr.. Reeves Who Was Present.

ton Denied Firmly That He Made
Any Threats and Is Corroborated by
Mr.. Reeves Who Was Present
The important proceedings in the
petition of the Lackawanna Iron and
Steel company to make the prelmin-
AIRY injunction permanent, restraining
the Scranton Gas ana Water company
from shutting off the water supply
rom the mills and property Of the
plaintiff were given the attention of
Judges Gunster and Edwards in court
Yesterday. The attorneys for the
Lackawanna Iron and Steel company
were NJ. Il. Olmstead, OF Harrisburg;
Hamilton Wallace. of New York and
Joseph O'Brien, OF this city. For the
Gas and Water company Attorneys
Alfred Hand, and l. II. Burns ap-
peared.
Mr.. Olmstead opened the case by be.
ginning his argument to continue the
Injunction. He reviewed tho contracts
between the plaintiff and defendant
companies and submitted them in ar
gumenT. In 1874 it was mutually
agreed between the Scranton Gas and
Water company and the Lackawanna
Iron and Coal company that $4, 800. the
price eXacted by the Gas and Water
company for water service to the
plaintiff, would be promptly paid each
year.
This contract remained in force until
1884, when disruption occurred be
tween the officers OF both companies,
which resulted in the water being
stopped from the mills and furnaces Of
the steel company at time when
heavy contracts for rails were being
filled.
THE SECOND CONTRACT
Another bargain was then arrived at
and it was stipulated that from the
date Of the contract the Gas and Water
company agreed not TO shut off the
water from the plaintiffs properties in
case of dispute. The contract price
was the sum of $40, 900 annually.
Three years ago the Lackawanna
Iron and Coal company and the Scran.
ton Steel company merged into one
under the new title, the Lackawanna
Iron and Steel company. All the rights
Of contract with the Gas and Water
company reverted to the new concern;
ana at the time of the purchase Of the
South works, the Gas and Water COM
pany brought suit against the old com.
pany for little over 800, 000 and later a
u suit was instituted against the
Lackawanna Iron and Steel company
for S36, 600 These suits we're brought
for water bills for the consumption of
water by the steel company to which
it was not entitled, it is alleged, by any
provision in the contract.
The Gas and Water company repeat
edly sent bills to the steel company for
these claims, and after waiting reas.
enable time finally brought suit. Chief
Engineer Henry Wehrum, of the Lack
awanna Iron and Steel company, as
serted to have had conversation with
w. w. Scranton. president of the
Scranton Gas and Water company. in
which that gentleman threatened, I'M
less these bills were paid, that the sup
ply of water would be shut off from
the mills. The threat alleged to have
been uttered by Mr.. Scranton was re
sponsible for the bringing of this in
junction. Mr. Wehrum was called to
the stand to testify to the fact Of Mr..
Scranton's threat
OBJECT TO THE TESTIMONY,
A legal battle arose at this point be-
tween the attorneys relative to the ad-
mission Of oral testimony. The con.
tention of the attorneys for the defend
ant was that all testimony should be
produced in affidavit form. Mr.. Wehrum
was allowed to testify and he stated
that he met Mr. Scranton on Lacka-
wanna avenue on March IA The lat
ter accosted the witness IN this form:
well, Wehrum; how about the
water money! Mr. Wehrum said, II
don't know anything about it." To
this Mr.. Scranton replied, why don't
you tell your people to pay their bills.
| don't want to make any threats, but
you can tell Carl not to be surprised to
see the water shut off "
Mr.. Wehrum communicated the re.
marks to General Manager Q w. Me-
Kinney, who was put upon the witness
stand and testified to the fact OF being
so told by Mr.. Wehrum, and he added
that about SIX weeks ago Mr. Scranton
complained of the waste of water at
the blast furnace and threatened to cut
of the supply unless the waste was
stopped.
Elwin f. Hatfield, president Of the
Lackawanna Iron ana Steel company,
was the next witness. He gave list
Of the properties owned by the com
pany and also testified that in 1880 the
Gas and Water company had put in
claims for amodnts that the Steel COM
pany did not consider it entitled to.
consequently the bills were not paid, i,
and the Gas and Water company re
taliated by shutting of the water. caus-
ing the mills to suspend and doing in
calculable damage TO the Steel com.
pauy. AT this point the different con-
tracts and papers were offered in evil
dence,
j. L. Higginson, secretary treasurer
of the Lackawanna Iron and Steel com
pany, gave testimony of the monthly
payments made for water, aggregating
Il total sum of $40 900 II year.
The argument of the defendant was
begun in the afternoon. W. W.Scran