Daily press. [volume] (Newport News, Va.) 1896-current, 1898-12-04

that, Notwithstanding the facts herein
the said Company is
now laying and constructing it's tracks
in. along and upon certain streets and
avenues in said city. to-wit on Twen-
ty-ffth street. between Washington
and Lafayette avenues: Thirty fourth
street. between Lafayette and Virginia
avenues. and on Lafayette avenue in
said city. without any lawful author
ity therefor. Your complainant charges
that the said company by the laying OF
tracks and ties in. along and upon the
streets and avenues aforesaid. greatly
retards and impedes the public in haul
irg. riding, driving and walking in and
along the said streets and avenues to
the great damage and common nuisance
of all of the good people of said city.
as well as all other persons desiring to
pass and repass in and along the said
streets and avenues: that the laying of
said tracks and tics In. along and upon
the streets and avenues aforesaid. in
the manner aforesaid, will greatly OBJ
Struct and impair the use of the said
streets and avenues and Will altogether
prevent the free and uninterrupted use
nj the said streets and avenues to per
sons passing; and repassinE thereon.
And the said company will, as your
complainant believes. go on ard COM
i,letc the said tracks and laying of
said ties in. along and upon the said
streets and avenues aforesaid unless
-
by the order of this Honorable Court.
And now SO it is. may it please your
Honor that the said company. it's at
torneys. agents, engineers. workmen
and servants persist in continuing TO
construct the said tracks in, along and
rron the said streets and avenues
aforesaid. in the manner aforesaid. and
cnntcmn the authority of the city of
Newport News and the well defined
common rights of the citizens thereof
I" the free and uninterrupted use of the
streets and avenues aforesaid. and.
reckless of the great. immediate and
irreparable injury which your com
nlainant and all other citizens of said
city will be subjected to and sustain
thereby. And they claim the right to
do So and persist in their determination
to construct the said tracks in. along
and upon the said streets and avenues
rs aforesaid. in the manner aforesaid,
and continue the work Of actually con-
st:ucting the same. and pretend to give
OFT that they have the authority and
are warranted in So doing. the contrary
whereof your complainant. as Mayor Of
said city. charges to be true. all which
actings and dongs and pretenses are
contrary to equity and good conscience
nNd tend to The manifest wrong. injury
and oppression of your complainant and
to the public wrong and nuisance Of all
of the citizens of the said city passing
and repaSsng in. along and upon said
streets and avenues. .#
In tender consideration whereof and
fprasmuch as your complainant is
III Uifh..lU n1oo Court 9f chancery.
;sa. IRE mae. Kerseys i'hf*sasf.y
that the Newnre the choird Point dTt
torneys. agents. engineers. workmen
and servants be enjoined and restrain
ed from constructing their railway
track in, along and upon any of the
streets and avenues of the said city and
that such other and further relief may
be granted to Your complainant as is
adai'ied to the nature Of his case and
agreeable to equity and good con-
science. And that the said company
lEaE be required to answer. said bill
but not upon oath. And may 4 sum
and Old Point Railway and Electric
Company. And your complainant will
ever pray, etc.
]. X. NJ. NEWTON. y. q.
The Mayor made oath to this bill
before his brother, Mr.. w. r. Moss, JUS
tice Of the Peace, and Judge Barham
issued the following order:
Upon the complainant. y. A. Moss,
Mayor Of the city Of Newport News.
ana acting for the said city. as its duly
authorized agent. having entered into
ana acknowledged a bond With good
security. in the Clerks Office Of the
Corporation Court Of the city of New
port News. before the Clerk of said
Court. in the penalty Of five hundred
dollars. conditioned to pay all costs
and damages which shall be awarded
against the said city in case the in
Junction herein mentioned shall be dis
solved. an injunction is granted in pur-
suance of the prayer of the bill within
contained to restrain and prohibit the
within named Newport News and Old
Point Railway and Electric Company,
IT'S attorneys. agents. engineers work.
men and servants from constructing the
track II the said company in. along
and upon any of the streets of the said
CITY until the further order of the
Court.
T. J. BARHAM, Judge
TO the Clerk of the Corporation Court
OF the City of Newport News
The bond was furnished with Mr. J.
NJ: Curtis. City Treasurer. rs surety.
Inc papers We're served by City Ser
geant Milstead on Mr. w. r. Scull. who
has charge of the freight business of
the road. and so the case stands The
motion to make the injunction perma-
nert will probably be argued at the
January term of the Corporation
Court.
The fight between the CITY and the
street railway company is on, and only
time can develop the result.
~ CONsCIENCELEss LIu.
Alleged Practical Joke Of a Idiotic
Smart Aleck.
Whenever a creature bearing the sem
blance OF humanity but With mental
calibrc so small ;hat HI. is unable to
distinguish the difference between right
and wrong is found. one wonders why
he has not been placed either in an asy-
Ium or The nenitentlary. Where he can