Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-05-19
An Injunction
Served OH The LanCaS
Electric Lighting
Enterprise.

AAhOA r.
BY The UNION TELEPHONE co,
Judge Goodsell Issues an Injunction and work
is Practically Stopped Until Crawford County
Circuit Court 0onvenes, or some other Set
Element is Reached
On Monday of this week the Union
Telephone Company formerly the
MARROW line) were granted an in
junction out of the Grant county
court restraining John Harshberger
from stretching wires from his cleo
trio light plant through the streets
of Lancaster; or to be more particu-
lar. restraining him from placing
wires at certain points where liable to
conflict with telephone wires. The
summons was served on Mr.. Harsh
berger late Monday forenoon and
work of stringing electric light wires
is practically stopped until some sat
isfactory solution of the matter can
be made
The injunction granted by Judge
Goodsell is as follows:
INJUNCTION.
1t is ordered: That John Harshberger, the
defendant herein. his attorneys, agents and
servants, do absolutely desiSt and refrain
from stringing electric light wires under
meath the wires of the said plaintiff COM
pany at all points where the said telephone
company's wires in the city. of Lancaster
crossed by the route of the said electric
light company as indicated by the poles now
in place or at any other place or point of
crossing and that the said John Harshberg-
er. his attorneys. agents aid servants do alb
Solutely desist and refrain from using for
electric lighting purposes and the trans
mission of electric currents any wire or
wires underneath the latter within said
city of Lancaster, until the further order
of the court.
Co Judge and Ex-oficio Court Commissioner
Dated May l6, 1898.
Measures have been taken by both
sides to arrive at a satisfactory settle
ment of the matter without further
resort to the courts. Lowry &
Clementson are attorneys for the
telephone company and Walter j..
Brennan is John Harshberger's at
torney. Monday night all parties
concerned had meeting at Mr.. Bren-
mans law office, when both sides ex-
pressed willingness to recede from
their original positions in certain
minor points; but the points willing
to be yielded are so trifling as COM
pared with the main grievances at is
sue, that it would seem that settle
ment can hardly be reached except
through the courts.
The earliest possible opportunity
for the court to pass upon the mat
ter will be at a session of circuit
court which convenes at Prairie du
Chen next Tuesday. At that time
Mr.. Ha rshberger will ask the court
to dissolve the Injunction
Below is the complaint Of plaintiff
telephone company against Mr..
Harshberger:
COMPLAINT.
The above named plaintiff (The Union
Telephone Company by Lowry St Clement
son, its attorneys complains and alleges
and respectfully shows to the court:
That the plaintiff is a corporation duly in
corporated under the laws of the state of
wisconsin.
That on the 10th day of January 1896 the
Mayor and Common Council of the City of
Lancaster granted to the Blooming
ton Telephone Company and its assigns the
right to construct maintain and operate for
the period of ten years from the date of the
granting of said franchise, telephone
plant and exchange in said CITY of Lancas-
ter: that the above named plaintiff
Is the successor of said Grant County Tele-
phone Company =; that the plaintiff
about one hundred subscribers in said city
of Lancaster and connects with many of the
outside cities and villages of said Grant
county and of the surrounding counties;
that ii has many miles of wire in operation
in said city upon practically all the streets
of said city: that its said plant has been put
in and enlarged at a great expense and that
the operation. repair and maintenance of
said plant and exchange involves a large
expenditure.
That defendant John Harshberger) is a
resident and citizen of said city of Lancas-
ter and that on or about the 18th day of Jan
uary 1928, the said Mayor and Common
Council Of said city granted to said defend
ant franchise permitting defendant to
construct, maintain and operate an electric
lighting and power plant in said city and TO
use tine streets of said city for all lawful
purposes connected herewith: chat recent
" defendant has begun to construct said
plant. has put poles on all the principal
streets of said city and has begun to string
the wires for carrying the electric current
that the said poles so set a aforesaid are so
short that where it is necessary to cross the
wires of said Ctelephonel company. the
wires of (HarshbergerD pass and will pass
under the (telephone) wires and within the
distance in some cases Of a few inches and
IN other cases OF few feet; that at such
points Of crossing and intersection, by
reason of the (electric) wires being under
meath and close to the ttelephone) wires the
injury and loss to (the telephone company
viii be great. continuing and irreparable if
(HarshbergerD IS permitted TO use said
wires now strung and 10 string new ones. for
the following reasons.
The plaintiffs business is constantly
growing and new wires must be strung up