The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-07-23
WATER SUPPLY FOR
JERMYN BOROUGH
Pros and Cons Of the Situation Argued
Before Judge Gunster.
CONTENTION OF THE uTI0ANTS
Water Company Claims That Its
Valuable Improvements Will Be
Rendered Useless il the Borough
Constructs Its Own Water Works.
Mount Vernon Street Railway In.
junction Proceedings. .rntcresting
Point Raised.

TWO equity cases were heard before
Judge Gunster in chambers yesterday
In the morning a hearing took place In
the case against Jermyn borough,
where the action was brought to re-
strain the borough from constructing a
water works to supply the town with
water from an artesian well, now be-
ing bored. The other case was heard
in the afternoon. 1t was the action to
restrain the Mount Vernon Street Rail-
road company from laying its tracks
in the borough of Winton.
In the first named case Attorneys A.
j. Colborn, jr.. T.. c. Newcomb and I.
II. Burns represented the defendant,
and eX-Judge Jessup. c. H. Wells and
5. h. Price were attorneys for the plain
tin. The people of Jermyn are at pres
ent supplied with water by the Jer-
myn 4 Rushbrook Water company
Those who object to the increase of
Indebtedness are members of the COM
pany and others are heavy tax payers
1t is alleged that according to law the
borough could not legally vote to in
crease the Indebtedness because the
law under which the proposed increase
has been assumed, has been declared
by the Supreme court to be unconstitu-
tional.
SOME OF THE TESTIMONY.
Burgess John F.. Nicholson swore to
the ordinance which was passed au-
thorizng the vote ON the increase of
indebtedness to be taken j. ID. Stock
er, Of the Jermyn 4 Rushbrook Water
an man
said that the company had tunneled
from Chapman lake to the watershed
OF Hay creek at d cost of $4,000 to pro-
cure pure water supply. Altogether
the company has expended about $780,
OOO He told of the damage that would
result II the company should be de-
priVed OF the patronage of the people
Of Jermyn. which would be the case
II the borough constructed its own wat
er works.
Judge Jessup argued at length on the
illlega!lty of the ordinance and the cleo
tion. The present debt Of the boro n h
was shown to be s.. 200 and an addi-
tional $4,000 as contemplated for the
Improvement. would enlarge the debt
beyond the limit allowed by law. Even
though the $4,000 Is not assumed at
once but Is subject to an issuance of
bonds. he said that circumstances
might In future arise when the regu-
lar funds could not be available by vir-
tue of the overhanging indebtedness.
MIR. BURNS ARGUMENT.
Mr.. Burns argued that the law allows
borough council at any time without
a vote of the citizens to increase its
debt two per cent. more than the debt
that then exists. Any higher debt that
Is contemplated cannot be assumed
without submitting the question to the
people, and then the law does not per-
init an increase of more than per cent.
OF the assessed valuation to be voted
upon. An election was held in Jermyn
and by large majority the people
agreed to increase the debt five per
cent. The two per cent. which the
council can at any time levy without
going before the people, and the five
per cent. voted upon make per cent.
maximum to which the borough can be
bonded. The $4,000 which the water
works will cost Is within per cent.
of the assessed valuation.
MIR. Price argued also on authorities
in law and the papers were submitted
to Judge Gunster for consideration.
The evidence taken was copied by
Stenographer John Taylor.
MOUNT VERNON CASE.
In the afternoon the Mount Vernon
Street Railway case came up. Hon.
Lemuel Amerman and Attorney l. II.
Burns represented the defendant and
Hon. John =. Kelley and Hon. c. p.
O'Malley represented the plaintiff. Be
fore any further step was taken the
defendant presented a petition asking
that the preliminary injunction be dis
dissolved for the reason that the name
of the borough of Winton was used
without authority as plaintiff In the
equity suit. A hearing was had on
this branch of the case. The defend
ant alleged that a special meeting of
the council was called without the
knowledge or consent of the burgess,
and that five members of the council
met In response to the call and decided
IN h,pV he actfpV, nUainSt th. copn