The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-03-06
FORMAL, DECREE In
LEHIGH WATER CASES
Injunction Asked for Against Gas and
Water Company Refused.
WHAT PLAINTIFFS TRIED TO DO
Wanted to Enjoin the Local Water
Company from Using Any of the
Lehigh River--This Judge McPhcr-
son Refused to do--CannOt, How
ever, Interfere with the Ordinary or
Common Flow of the Stream.

The formal decree in the injunction
proceedings brought against the Scran-
Gas and Water company by the Le-
high Coal and Navigation company and
others to restrain 1t from using the
Lehigh river as a source OF its water
supply, has been received from Judge
j. 3. Mcpherson, of Dauphin county,
and is now a part of the records of
the Lackawanna courts.
The plaintiffs, it will be remembered
attempted to enjoin the Gas and Wa
ter company from dverting any OF the
water Of the Lehigh river to the Roar
ing brook water shed. The Gas and
Water company denied the rights of
the Lehigh Coal and Navigation com
pany to the corpus" or entire river,
admitting that the legislature gave 1t
only such use of the water as It's needs,
outlined in it's charter demanded,
such as supplying it's canal and fur-
nishing power to it's works along the
line of the stream. That the Lehlgh
company owner the river and all lts
tributaries and that every one VINO
might desire to use a bucket full OF II
would first have to gain the consent or
the Lehgh company was characterized
by the Gas and Water company as an
absurd contention.
THE JUDGES DECISION.
In dealing with the case Judge Nc
Pherson did not psss upon all the
points submitted, but decided that the
Gas and Water company might take
for use in Scranton the waste or over
flow water to be caught in and stored
during times of freshets. Two ques-
tions which he postponed We're: First,
whether the riparian rights of the de-
fendant permit it to lead off and con-
sumo in Scranton any part of the Hood
water of the stream; second, whether
the right of eminent domain may be
exercised by carrying flood water di-
rectly from the stream to Scranton,
and also by storing the water first anu
pumping it afterwards.
When the day came for hearing eX-
ceptions to the findings none were pre-
sented, but the attorneys on either
side suggested a form of decree, nei-
ther of which, however, met with the
approval of the court. Judge McPher-
son wrote his own decree, then, and
submitted it to the counsel for both
parties for criticism and suggestions.
The plaintiffs approved of it as it
stood, but the defendants asked for
two notifications.
NOTIFICATIONS ASKED.
The notifications asked for would al
low the defendant to pump from the
flowing stream, as well as from the
body of water stored in the pool, when
ever the river should be in flood; and
would also declare that the payment
of expenses by the defendant, as pro-
| lad in, nh Of
should be without prejudice to either
party in any future contest to ascer-
tain or adjust rights on said stream
Both We're refused, and thereupon the
| Gas and Water company filed state.
ment setting forth that it's acqui-
escence in the form of decree was moi
an admission of any legal right in the
Lehigh Coal and Navigation company
to the waters of the river above Grea
Falls further than set forth in the de
fendants original answer.
| The formal decree refuses the in
junction prayed for and grants to thu
defendant the right to draw off anC
transport to Roaring brook the waite
stored in the dam at GOuldsboro sta
ton. The defendant is enjoined from
diyerting water from the Lehigh a
any time or in any manner that will
interfere with the ordinary and com
mon flow of the stream; or to interfer
with the right of the plaintiff to sup
| ply it's canal or furnish power to it
grantees or licensees: or to divert an.
water except for riparian uses othe
than flood water accumulated in tim
of freshets.
LOCAL COMPANY WILL PAY.
The manner of determining whethe
or not the defendants may be taking
more than freshet water; the season
in which the sluiceways of the dam
may be opened and shut and other lik
details are all prescribed in the decree
The expenses of verifying the Gas an
Water company's conformity to all tn
directions of the decree are to be pal
by the Gas and Water company.
Read Banister Shoe Co.'S ad. o
page 5.