The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-29
FIGHT over The LEH!cH
Citizens Mater Company Of Wilkes
Barre Trying to Get Control.
HAS FILED A BILL In EQUITY
Wants to Restrain the Scranton Gas and
Water Company from Using the
Waters OF the Lchish River.
Will BE Argued Tuesday.

Legal proceedings between The Cit
zer's' Ws',,.- company, Of NNHhss-tEIire,
end the Sclur'sc1 CsS arh WG.ser oom-
Iany Rave bzEun w1in n view to as
ci'ta.riin:s Who has legal r;ght II use
tihe waters OF .lie Ly'hir'n river. At'ST-
Eeys 5. L. Price, of ihis city, and IIoT.s'y
w. Dunn.Eg, Of Wlll15is-BaIre, repe-
scntlnS dhe Citizens Water COrlr3ny,
Yesterday filed Hill in equity asking
for an injunction to restrain the Scram-
ton Gas and Water company from
u-ing the waters ~" ~ Lahigh.
THE hf,l was presented In Judge Gun
ster who ordered Ii filed ard granted
rule 10 show cause why preliminary
injunction; Should mot be granted. The
rule Is mad returrnbie next Tuesday
morning 2t . O'Clock.
In the bill in ooy'ty u Is set forth tl-ut
the Cit,ger,s' Wi.cr company, Of
Wiltte-,Fsrre, YVES incOrrC'ratfd by lot
t,a's paitent. issved Dec. 81, 1894 for ,re
purpose Of supplying water u the pub
itc IN the city of Wilkes P3c'Nc. BY
vh"'uc Of this o'1aHter it enterei ur-u
sd -~,lerrl-d cfrt1in land 5i7l wa
T.. ~l.,-.,s on the 1.eh!gh river in elf
I. a ;1wrFhip IN FEBRUARY, 1895, on the
lard cf Fhlaneler Moon.
"!tr 5fi-C; w9s made TO agrcc wi,h
=. az - the amount of damages ne
W-ey.d sustain" the bill goes Cn to 1e
G. E.. "Ny reason o. tGle erec..70 of n
:'l.'.ry olr, fC't t V IS ursuccessfUl ai-'l
81 80 Way term bend of $500 w2s
f'Cl al improved by the CONT. Pc
fa"c 20 taking and condemnation the
elncirrel; u 'the Plaintiff rad he-r on
gagged maxim" surveys and plans for
t'N- ,~ec.i-n 5n1 construction of res
c"V-'r and the layirg of pipes from
tie land OF Moon to the city of Wilkes
Barre.
Scranton Comnnnv on, the Sccuc.
"Ahout Oc. I 1885, the Scrar,tn, Gas
ol,,,,,,,,, o,,t, -, ,,tad "a crr-
-. 80. 80 80 80 e,,v,,', st,.1,,n, Gov
Ge.i'n M, a,,a - ~ ,,5,,at;,r uI tha w., ,rr
- ~ 80 ru' ,,,a ot,w Of c.cre,rtc, arI
I,a,,a borrrp nycavo,tcrs er,1 the cvn-
s7trucnioq1 of a, reservoir and are laying
rliua to THAT end. The place at which
.S'he defendant conIrany has lcC2t51
said reservoir Is about mile ard a
harf above the location of the reservoir
of the plaintiff on the same stream
IF the water Of the river Is taken to
Scranton II will be diverted from the
reservoir of the plallaltitf.
1.-The condemnation and taking Of
the stream by your orator for supply
ins the public at Wiihes-Barre includ-
ed all the water of the stream which
can be taken thercfrOm for the Dur-
pose of supplying the public win water
r. the scrar..on Gas ard Water COM
r-,,iny divert tine water flowing Through
.r1e channel at the r,aca where they
are about to erect and construct res
eq.voir your orator will suffer b're-
parshle injury, and Its fran chise as OBJ
tanned Through its charter and the pro-
cee6ltngs above set fonth VIII be inter
fered with, injured and destroyed. IT
any portion of the Lelhdgh river IS di-
yer.ad by the Scranton Gas and Water
company at the place where 1t is en-
ga o,ad in erecting and constructing a
reservoir, h. viii destroy the traGlchMe
Of the nlnintiff company and render 1t
ur,ahle to perform the duties by law
imposed unon 1t to the public.
s,,s tho Water Il Not Needed.
..,,,.a ,afo,.ao,t IN, pb,s crit does mot
,., iie az n,a,.,o,. ,,ehts which trhey are
,,.,,omrrirg to condemn In the Lehigh
i.Ner. roa,,,, ii.-y a" Co.. tSo nrasent and
r,.t., - 80 .La ,,,t,1ic IN, tha city of
So,,,m,.on IA, whom they furnish or cam
FURNISH water. They nave condemned
and taken the stream known as the
Roaring brook and also the Stafford
Meadow brook and have erected and
constructed reservoirs to which pipes
are connected. They have also other
reservoirs for storage. Wherefore your
Orator prays:
..First-That an Injunction may issue
,,eetrot-,'-t. ''.~ IN defendant, iits
a gems and employees from condsmn'ng
amid taking THE Lehieh river as a wa
rer s,pply for the city of Scranton
a hove tine land of Philander Moon.
"Second--That a preliminary injunc-
t;on NAV issue restraining the said de-
PENDANT its agents, servants and en-
ployes from diverting the waters of the
7 J,ehigh river above the land of said
PhiIander Moon, in the township of
C-lifton. from the proper channel of the
river.
..Th,rd-I1hat the said defendants be
ordered to desist from any interference
with the rights of the plaintiff in the
waters of the Lehigh river in Clifton
township. and from taking any of the
rights. privileges and franchises of the
nIaintiff.
..Fourtb-That your honors grant
s,,ch other and further relief as shall
seem meet"
~v,rhcr of Affidayjts.
-, .,-,. In, T., equity, n
IN auoltioh ~ .i.a .i,S ,'a,,o ua T,od Al
nu!ii',r, " a.. ,s y, 80 af h,e a 9
Lreu Weehs' ~, sa'" ~ ..oo,,,o,dor al
lioaVlts tiat ne - a -. co.. tha ~
iecto, aiIt 1919 ',,i,,,s, n,,d tho+ he won't
i2ens VIII. eIi' a,aoa,nt m - ti,n ,oir,t
on tnc tiou.,s ~ ,c.a,.,,nir -, Nov o.
seIectem ior .Iit ,,, t,,,rs,,;r or cur
to1i' 80, tb,s. ,.'5 COUNTY and sterling, Wnyne
co,,ntv and he began n survey to deter
mine the most available point at which