The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-07-19
THE INJUNCTION CASE.
To The Columbian ..

ness, to give the facts for the informa-
ton and satisfaction of the public.
The argument was opened for the
plaintiff by Mr.. Buckalew who was
followed on the same side by Mr..
Fred Ikeler. Mr.. Scarlet made the
argument for the Town Council, and
Col Freeze closed the debate for the
Plaintiff.
1t has been published in the
bloomsbury Daily that " Col. Freeze
for the petitioner, occupied the at
tention of the court for little while
and then IN less time than IL takes
to tell IL the Judge decided he acould
continue the temporary injunction
until further order of the Court or
until .fnat heorjng."
1t is absolutely false that there was
any precipitancy in the decision or in
the announcement thereof. Time
was occupied and discussion was in.
dulged in by and between Court and
Counsel, and suggestions were made
and considered.
1t has been also reported and pub.
lished, in the same paper, "that the
attorneys were no sooner through than
Judge Ikeler reached in his pocket
and pulled out his written opinion
which continued the temporary in
junction.
This assertion is also completely
false. The Judge pulled no paper out
of his pocket, he had no written opin-
ion, he had not even written out the
order-the decree was pronounced
orally and taken by the Reporter.
And when the counsel went to the
Prothonotary to have certified copy
Of the order containing the injunction
made to be served on the parties, the
Prothonotary was obliged to go and
did go to the official Reporter to get
what the Judge had said. We ap-
pend to this the official report of the
stenographer, taken in shorthand, as
to what occurred after Col. Freeze
had closed the argument; and it will
be seen by that, that some time must
have elapsed between the close and
the oral announcement of the order
made in the case. The report is as
follows:
MIR. Little said: GA great deal
Of this argument is predicated upon
the form of the submission. If your
Honor thinks that you have power
to control 1t in any way, we have no
objection to your altering the form Of
the ticket, and how it is to be printed,
and the purposes, so that there shall
be separate vote upon the electric
light plant question" Buckalew-"It
is too late to give notice" Court" |
do not see how it is possible to do
that and hold the election tomorrow"
Bucka ew-" Of course in any matters
of form as to the bond, or as to the
official designation of the Town or
Town officers, matters of that sort, as
matter of course we are ready to
make any change that the Court may
think reqrired.' Court" | do not
see how we can give fair consideration
to this question, without putting the
town to at least the expense of a re-
advertisement and republication of
notice. We might do the case gross
injustice and ourselves also, by decid-
ing the case now, without a careful
examination OF the authorities. The
election is fixed for seven o'clock to-
morrow morning, is it not ?" Mr..
Little, "Yes sir" Court" There
is one thing that seems very plain to
us--that the increase asked for is not
necessary to be used for the payment
of existing indebtedness, and the only
injury caused by delay for considera-
ton, would be the cost of publishing
some future notice Of election. If
that delay should be SO great as to
injure the present holders of the or
ders of the town, the Town Council
certainly have the power to take i'm
mediate action, regardless of our
order, for the payment of the existing
Indebtedness" ." Scarlet" Suppose
your order should be void and this
bond stands here what is the bond
worth as it stands, there to day p
Court-"We cannot decide that with
out examining the matter. 1t seems
to us that if the title of the case is
proper, the Bond is proper, The
Bond is given to the defendants we
have examined that, and we find the
bond to correspond with the title of
the case. The question is whether
the title of the case ought to include
the town of Bloomsburg specifically,
in addition to naming the members of
the Town Council, The question
arises have we power under the rules
of Equity to permit an amendment.
We feel obliged to make the follow
ing order. And now July IS 1895
after hearing in open Court, the pre-.
liminary injunction heretofore granted
is continued until final hearing or
further order of this Court"
This is the official record of the
matter as 1t transpired in court.