The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-01-31

APPLIED FOR
The Borough Proceeds Against the
Lakeside Railway Company.
RULE GRANTED THIS MORNING
1t is Made Returnable on February l4th.
If the injunction is Granted the Cars
will be Stopped at the Bor-
ough Line.

Pottsville, Jan. 3l.-An important legal
proceeding was instituted before Judges
Bechtel and Koch at the Pottsville court
this morning by j. II. Pomeroy, Esq, So
licitOr for the borough of Shenandoah. Steps
were taken towards procuring an injunction
to restrain The Lakeside Railway Company
and the Schuylkill Traction Company from
operating or running their cars within the
limits Of that borough.
The grounds of the suit are that the de-
PENDANT companies have not complied with
the conditions set forth in the ordinances by
which the right of ways were granted, and
that they have refused to comply with the
conditions, although repeatedly requested to
do so by the proper borough authorities. The
suit is instituted by direction of the Borough
Council.
The caption of the bill makes the COM
plainants "A. p. Tabor, Chief Burgess of the
Borough of Shenandoah, and the Borough of
Shenandoah" The bill is sworn to by A. p.
Tabor, Chief Burgess; Charles T. Straughn,
President, and William J. Watkins, Secretary
of the Borough Council.
The chief ~recitals of the bill are as fol-
lows:
That the said Lakeside Railway Company
''hAAAAAA ~ DAhAAhhAb NA0 0dlA bbIouEu
Of Shenandoah, permission to enter upon and
construct a railway upon certain streets Of
said Borough, which said ordinance provided,
inter-alia, that the top of tho rails of said
main track shall not be higher than one
inch, and shall in all cases be put down so
that the tops Of the rails will be even with
the established grades of the respective
streets, - and that said ordinance should be
\ accepted by II. aid Lakeside Railway Com
pany within nil days after the passage of
I the same.
That the said lakeside Railway Company
accepted within the time prescribed, and
j agreed to the terms of said ordinance, and
y entered upon the construction of SAID rail
way. That they duly obtained from the
Surveyor Of said borough the grade of the
4 streets upon which they were authorized to
| construct their tracks. Among other streets
1 upon which they were authorized to enter
! and construct their tracks was one on East
4 Centre street, between Bowers and Union
A streets, in said borough.
That the said Lakeside Railway Company
4 and their employees, entered upon said
Centre street, between Bowers and Union
streets aforesaid, and in violation of said
ordinance and Of their acceptance thereof,
and of the grade furnished by the Surveyor
of said Borough, constructed their track,
eight TO ten inches above established grade
of the Borough, whereby il has been rend,
cred impossible for the said Borough to prop
Nf"g FAN@> N"N $3.50 ~ ~ NhAANA 'AA' VI
\ said tracks, or enable the AUDITING property
owners to properly curb or pave their side
4 walks. Notwithstanding frequent notice to
the above respondents, they have refused and
j still do refuse to comply with the provisions
Of said ordinance concerning the grade Oh
said street.
4 That the S|chuylkill Traction Company
4 nOw and for a long time past have leased and
operated the said Lakeside Railway Company,
and are now using the said street for the pur-
pose of a trolley line; that said respondents
4 have beer notified time after time to lower
said railway on Centre street, between
Bowers and Union streets, to the established
grade, as required by the Borough Ordinance,
which they have refused to do and still re
fuse to do, to the great injury Of your com
plainants."
The bill concludes with the prayer, That
a preliminary injunction he granted against
said defendant companies, their agents,
officers and employees, restraining them from
using the said street in Shenandoah for the
purpose of operating or running their cars,
until further orders of the court"
The rule was made returnable on February
14th.
COURT NEWS.
Judges Pershing and Koch sat in No. .
court room this morning, where they read
opinions and heard motions, after which
license applications for old and new stands
were taken up.
Judge Bechtel announced that Judge End
Itch, of Reading, will be here at Ii a. IN.
February 10th, to hear arguments in six
cases, among which arc Korida VS.. Schuyl
kill Traction Company; Ward VS.. Lakeside
Electric Railway Company; and Walbridg,
VS.. Schuylkill Electric Railway Co.
Mrs. Louisa 5. Lawrence, widow of Wash
ington Lawrence, died at the residence o
her %son-in-law, n. Webster Major, of Por
Carbon, yesterday, Of typhoid fever, con
tracted from drinking |Schuylkill river waite
during a recent visit to Philadelphia.
LICENSE TRANSFERRED.
Tn. license for the Ferguson House was to
day transferred from IL. NJ. Weidensaul t
Thomas IL. Hutchinson.
JURORS DRAWN.
The following residents of town have beei
3drawn for Jury duty on March 9TH Gran.
Jury, Frank Maley, jeweler, Petit Jurors
Charles Haskins, miner; Edward Miles
clerk; John Watson, laborer; John Burn,
laborer; Martin Ward, laborer.
S.rpTrnr " ONT ppTCp