The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-11
THREE BIC EQUITY SUITS
Narrias Water Companies Will Bat
tie In Court.
CASES DISMISSED IN WAYNE
The Courts Are Asked 10 Restrain the
Scranton Gas and Water Company
from Taking Liquid from
the Lshigh River.

against the Scranton Gas and Water
company, Of this city. The complain
ants are the Lehigh Coal and Naviga-
tion company. Of Wilkes-Barre; the
Bethlehem South Water company. Of
Carbon county and r. c. Drum & Co.,
which embraces the White Haven Water
company, the Carbon County Electric
Light company, the Maueh Chunk
Heat, Power and Electric Light COM
pany, the the Carbon County Improve
ment company. and the Citizens Elec-
tric Light company. this latter combi-
nation representing the third complain
ant being from Carbon county also.
The suits were filed In Wayne county
first but were dismissed on the grounds
Of no Jurisdiction. They have now been
brought in this county. This transfer
of the papers from one court to the
other has enabled the Scranton Gas and
Water company to prepare its answers.
and accordingly an answer Is filed with
each suit.
Privilege That Was Granted.
The bills Of complainants are substan-
TALLY identical. They pray that the de-
fendant company be restrained tom
porarily until hearing and psrpetually
thereafter from taking any water by
any means from the LehiSh river.
The bill Of tho Lehigh Coal and Navi-
CATION company sets forth that BY an
act cf assembly approved March 90
1918. Josiah White, George F. A. Hanto
and Erskine Hazard, Of tho county
Of Philadelphia, their hslrs and as
signs, were authorized to enter upoA the
Lshigh river. to open. enlarge and
deepen the same in any part between
the Great Falls and the mouth Of the
said river 10 make . good navigation
for arks, rats ana boats. and to collect
and receive tolls for the passage Of the
same thereon. The complainant after
a large expenditure of neney completed
a canal and slack water nAviga ton
from the mouth Of said river to White
Haven, . distance Of seventy-two miles,
and the same became a public highway
for the passage Of boats, arlEs and RATS
under rules and regulations lawfully
adopted by the company.
In consequence Of q flood in June, 1862
which destroyed the dams above Mauch
Chunk. the legislature by an act ap-
],
construct q railway from White Haven
to Maueh Chunk, which relieved the
complainant from keeping in repair its
slackwater from Mauch Chunk.
Scranton People Notified.
After going through a history Of the
rights acquired from time to time by
virtue OF acts OF the legislature the bill
says that a representative of the Scran-
ton Gas and Water company was no
titled that the intention Of the defend
ant to erect a dam on the Lehigh river
would not be permitted. Notwith-
standing the warning, the work Of con-
structing dam across the Lehigh at a
point near Gouldsboro has been begun
with view of pumping the water Of
the Lehish so as to carry 1t to the Roar
ing Brook or to pipes leading to Scran-
ton.
1t Is impossible the complainant says
to anticipate or to fOresee all the mis-
chiefs which would result from divert
ing the water from the stream even in
time Of freshet as the flow Of the cur
rent at such time subserves the pur-
pose Of securing the bed and filling the
hollows and pools which constitute the
natural reservoirs to be drawn upon
in other times and in view of the use of
the water for domestic purposes by
wtaer companies at Bethlehem and
Catasaqua and for power at numerous
points as well as for navigation, the
retention Of the entire flow Of the river
Is of the utmost value and its diversion
to riparian. uses in another water
shed is q wrong which should be per-
petually enjoined.
Answer Of tho Defendant Company.
The answer Of the Scranton Gas and
Water company AYERS that the COM
plainants are. not entitled to prevent
the defendant from building dams and
works upon the land owned by the de-
fendant; that 1t Is not proposed to d.
minish the natural flow Of water in
times of drought; on the other hand
that the more gradual supply of water
which the forests preserve will be re-
stored in a measure by the erection of
the dam Of the defendant, for It will
keep back portions Of the water and
tend to keep up q more regular and
gradual supply. That It Is not pro-
posed to take more water from the Le-
high river than always runs to waste in
extreme high water at times Of floods,
and to store it in reservoirs solely and
only for use in times of severe drought.
Ex-Justice Alfred Hand, ex-Judge n.
A. Knapp and Attorney w. J. Hand
represent the Scranton Gas ana Water
company. The complainants are rep
resented by Attorney George wharton
Pepper, william e. Doster And Samuel
Dickson, Of Philadelphia; J. Davis
Brodhead and H. s. Dripker. Of Beth
lehem. The court here has taken no
action yet with regard to the puits.