The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-11-17

1 Ih Es w AU6E OOhJThCts--A GEORObALOns-
No Desire for Further LItigation.-Pro.
ceedings in Circuit COurt.-Real Cause
Of Complication.
To the Editor:
A recent article in the Enterprise in
regard to the Warwick Electric Light
case, seems to put the "Horrs" in a
false position, and 1 wish the public to
understand the real situation viewed
from our standpoint.
My mother has contract with the
W. &. L. E. R. R. Co. for long term of
years to furnish that road with water
for it's locomotives. When the War
wick people began to dig their reser-
voir directly above my mothers upper
pond, it seemed to US that if their
plans OF excavation were carried out,
our ability to supply the W. & L. E. R.
R. with water according to contract
would be threatened. Accordingly an
injunction against Mr.. Cunningham
and his associates was asked and grant
ed, and as a result a satisfactory ar
fahSement in regard to the water was
made between my mother and the
Warwick Electric Mfg. Co., and the
same was duly recorded, and, as we sup
posed, was binding forever, on both
parties, their heirs, successors, or as
signs, and the whole matter forever
terminal, d. We did not at that time
imagine that sO-called busi-
ness man would go ahead and
erect a valuable building on land, to
half Of which, at least, he had not a
shadow of title. When the exact
state of affairs existing between the
Warwick Mfg. Co. and the Mullin sis
ters came to our knowledge, we saw at
once that the carefully prepared set
tlement which we had negotiated with
Mr.. Cunningham, in regard to the
water, was not worth the paper upon
which it was written and did not fol-
low the land, simply because Mr.. Cum
ningham and his associates never
owned foot of land in Wellington.
Nothing was left for us to do except to
buy the land of the Mullin sisters, or
else to take our chances with another
injunction suit after the pond Of the
Warwick Co. was already constructed.
We decided on the first alternative,
and purchased the land, paying for it
$1,000.
Now the article in last weeks Enter
prise is calculated to make the public,
believe that the "Horrs" are blocking
all attempts to settle the electric light
case. On the contrary we think we
have rendered the lien holders very
liberal offer of settlement, far better
one than they have any right to expect
dlJcT bllc ClTCulU COuIO uCClolOh' VIC
asked of them our expensese, viz, what
the land has cost us to date, minus
$3.50 per acre for about four acres of
land including the pond. We are will
ing to allow the Electric plant, without
charge, to draw water as needed from
this pond, for the operation of the
plant, and also for fire protection
for the village of Wellington,
and the pond is not large enough
to supply water for other pur-
poses. We would agree further to
maintain the dam of said pond, and to
leave sufficient water in the pond for
the use of the plant and the village for
fire protection. Under this arrange
ment the electric plant would
have an absolutely free supply Of
water, all necessary taxes and repairs
falling on us. 1t is doubtful If we
would ever derive any direct benefit
whatever from the Warwick pond were
our proposition accepted, for the SIM
pie reason that we would not dare to
use water from the pond, for fear that
in time Of drought, the supply remain
ing would be insufficient for the use of
the plant and the village. OF course
we would be able to SO regulate the
flow of water that my mother would
have no difficulty in fulfilling her obi
cations to the Wheeling & Lake Erie
r. R. and that, as before shown, Is the
chief reason we purchased the land.
We notice some remarks in the Enter
prise article in regard to fighting the
Horrs to finish" In regard to this /
would say that we shall regret it, il
further litigation Is necessary, but
that we are fully prepared and ready
to defend our title to the six acres oI
land In question in the Supreme Court
and that ! suppose is what the Enter
prise means by "a finish." What
standing we will have in the Supreme
Court is best shown by the following
finding of facts, quoted verbatim from
the decree Of the Circuit Court which
went on the Journal last Wednesday
i'm THE CIRCUIT COURT OF Lo
RAIN COUNTY.
No. 1905.
The Brush Electric Co.,
Plaintiff,