The herald., 1898-07-27
TWO ARBITRATORS NOW
CAPT. CHARLES T. HEALEY AP-
POINTED BY THE COMPANY
INJUNCTION SUIT POSTPONED
DELAY Number One Caused by the
City's Not Being Ready-aty
Hall News

Those sangune people who have per-
mi,ted themselves to believe that the wa
ter question is now going to be wound up
In a jifry were yesterday given their hrst
bitter Dill to swallow. The water COM
nany's Injunction suit, whose hearing was
on Monday postponed until Tuesday, came
I'D for hearing, but was again postponed
until Thursday of next week. August Ah.
This action Is not attributable to any meth
cd Of delay adopted by the water company
either, but is duo to City Attorney Duhh
not being in readiness to try all the issues
of the case. AS neither opposing counsei
nor the court thought it would be proper
TO argue or hear the matter piecemeai' the
only thing to do was to give the city 5 at
torneys time to prepare themselves. AFTER
a consultation, Messrs. Dunn and Scott de-
cided that by Thursday they could digest
the voluminous complaint filed by the wa
ter company and prepare the city S answer
and the necessary affidavits. AS the COM
pany would then want several days 10 ex-
anime the document filed by the CITY, II
was thought the case could be tried on
Monday. But Judge Oster could not be here
on that day so Thursday was finally de-
cided upon as satisfactory TO all parties
The water company's complaint covers
about seventy pages Of typewriter matter,
and 1t has been a physical impossibility
for the city's attorneys to get through II IN
the short time since the suit was filed, but
Attorney Dunn states that they VIII surely
be ready by the date now set. A demurrer
to the company's suit was filed yesterday
on behalf of the city, alleging that the
grounds stated in the plaintiffs petition
were not sufficient to warrant the issuance
of a restraining order. Az this action was
only a formality. and as the argument on
the demurrer would bring up the same is-
sues as were pertinent 10 the argument OF
the case itself, it was agreed that poth
should be argued and submitted for Judg-
ment at this same time.
The city's water case now in the supreme
court Is expected to come up In the Octo-
her term, but Attorney Dunn and the com
pany's counsel yesterday agreed to make
concerted effort to have it advanced on
the court calendar so az to have 1t heard
in September.
The water company, according to prom
,se. announced its arbitrator yesterday,
naming Charles T. Healey as its represen-
engineer and maintains an office in the
Baker block on North Main street. Like
Mr. Rays, as soon as he received official
notice of his appointment, he wanted to be
UP and at the work. and the two gentlemen
held their first conference yesterday after
noon in Mr.. Rays office. Their meeting un-
der such circumstances was somewhat
peculiar, from the fact that, although they
were once close friends. yesterday was the
first time they have seen each other fol-
ten years or more. AS Mr.. Rays aptly r
marked: ut shows the difference between
being in and out of politics." A little over
ten years ago Mr.. Rays was sheriff of the
county.
The two arbitrators had talk lasting for
about two hours, and on Its completion
Capt. Healey said to Herald representa-
tive:
'If Mr.. Rays and agree on the points
at issue as we'll as we do on the prelmin-
aries, there will soon be little left for us
to do. We have fully decided that the
board of arbi,rators should have ar office
in some building. centrally located and
where they can be found at certain hours
during the day. Desks, maps, drawings ami
documents, SuCn as are needed IN our de-
liberations, will be kept In the place, and
any one having any business with us or de-
string any information proper to be given
can call on us during our office hours AS
The Herald this morning suggested, it
would not be proper nor desirable to hold
executive sessions.
"Mr. Rays and have already talked over
the matter of appointing this third arbltra-
tor, and we agree perfectly that 1t should
be our policy TO select some one who is not
resident Of the city and possibly not OF
the state. A civil engineer will be looked
upon with favor. although I do not say
that our choice will necessarily be such.
1T is, of course. all so new to US that we
cannot really at this time outline any poll
cy which we will pursue, nor would I'M
dertake to predict how long it will take us
to reach decision In the matter"
The appointment, Of the third arbitrator
will probably take pace within a few days.
GOOD NAME FOR A BAD PLACE