Daily press. [volume] (Newport News, Va.) 1896-current, 1899-10-03
CAN'T PULL 1T DOWN
New Market Stands Till Further
Orders.
AN INJUNCTION OBTAINED
1t is the City'a Move Mkt. The:Case VIII
Probably be Tested on an Ate mpt
to Enforce the Ordinance. Talk
OF Counter Injunction,

seen q good deal. in its short life, Of
government by injunction. Just now.
1T is Experiencing an interesting ore.
This is in connection With lnc now
Finch market. on Lafayette avenue,
between Thirtieth and Thirty-first
street. VT ....
On April IS, a permit was granted
for the erection Of this structure. On
the same night. The coumci adopted a
building ordinance putting that section
within the fire limits and making GER
tain restrictions as to tbs character of
the material. etc.
No attention was paid to this olGli-
nance. The market was erected along
tho original lines. just as thought the
new lire limit ordinance had never been
adopted.
Tho market is now practically COM
nletel. and there was some unofficial
talk Of having it torn down. This was
all talk. and nothing would have been
done. but yesterday Mrs. NJ. a. Finch
obtained from Judge Eurham. Of thu
corporation Court. IL ~tem"Orary injunc-
ton preventing such a proceeding.
His Honor was sitting III his office
ab9ut 2:3o o'clock yesterday when
Deputy City Sergeant Herndon served
the following IN him: .
The Commonwealth Of Virginia.:
To the Sergeant of the City OF New
port News. #.
"Grectins: We command YOU to
summon the city of Newport News, \.
y. Mss, mayor. of sail city, and John
B.. stone. chairman 0: the Building
Committee of the council of said city.
To appear at the clerks Office of the
Corporation Court Of the city OF New
DDrt News at Tho ,,11o- ~, ~, b,11 F,.
the said court on the third Monday in
October. 1899 to answer a bill in chan
Gerry exhibited against them in our
said court by NJ. 4. Finch"
Here is the order of The court:
O motion of the plaintiff by counsel
and for good cause shown. an injunc-
zion is awarded her to enjoin and re-
strain the defendants. the city Of
Newport News. Va. y. a. Moss. mayor,
of the city Of Newport News. and John
B. Stone. chairman of the Building
Committee of the city council of New
port News, their agents. attorneys and
all others from pulling down or destroy
ing the building in the Dill ana pro-
ceedlnGS mentioned, or from in any wise
interfering With or moleSting the COM
p!ainant in the full use and enjoyment
of the building described in The bill
dtih ioSeeulHS Until -ultlef order OF
this court, but the plaintiff is not to
have the benefit of this order until
she shall enter into q bond with suffi-
clent surety. in THE sum Of fifty $500
dollars payable to the defendants and
conditional TO pay all costs and DANA
ges which may be sustained il. conse-
duence Of the said Injunction in case
the same shall be dissolved"
Having been served With this notice
of Injunction, the mayor Went out to
hunt up the city attorney to see what
step might be necessary TO meet this
new development in the situation. His
Honor is of he opinion hat the city
should set out an Injunction restrain
ing the owner of the market from using
it until the question is settled. Wheth-
er this will be done. remains to be
seen. 1t is probable that this course
Will MOI be adopted. The Building
Committee Will serve a notice on the
owner Of the building instructing that
the structure be torn down.
The matter viii! probably be tested
under The ordinance. Which has a pen
atty attached. On an tempt to en-
force this ordinance. the case will prob
ably be appealed.