Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1899-05-16
THE INJUNcTIoNs STAND.
Judge Gest Refuses to Dissolve Restrain
ing writs Against Terminal Company.


ing writs Against Terminal Company.
In the circuit court this morning
Judge Gest announced his decision on
the application of the Terminal COM
pany to dissolve the temporary in
functions issued against the company
upon petitions bv Walter johnson and
that the road be restrained
from continuing its building opera
tions in front of their prop
erty on First avenue until such
time as their permission was sought
and obtained by the company Judge
Gest in his decision contends, as he
has heretofore, that ownership in the
street to the rivers edge and beyond
is vested in the fronting property
holders, and the company must treat
with them before entering upon the
property. Sweeney Il Walker and j.
l.. Haas, attorneys for the Terminal
road, prayed and were granted an ap-
peal.
1t now appears as though termi-
nation of the second trial of the Star
key damage case would be reached
the latter part of the week, probably
SATURDAY.. The defense has begun in
Producing expert testimony. Five
witnesses from Roodhouse were on
the stand yesterday. They said they
Knew Mrs. Starkey several years ago
when she frequently suffered hyster-
zeal attacks. Ex-City Attorney c. b..
Marshall is the leading counsel for
the city, and is conducting the case in
the same brilliant manner in which
he handled it in the original trial.
His familiarity with the technical
points from a medical as well as a
legal stand point has challenged the
admiration of all who have attended
court during the progress of the case.
Arguments were heard yesterday on
the petition of Henry and S. S. doff-
man, of Moline, for an Injunction to
restrain p. Mullane from selling gents
furnishings in his store in the build
ing on Fifteenth street, Moline, owned
by DIR. p. l.. McKinnie and also occu-
pied by the Hoffmans. The latter
claim they have an agreement with
DIR. McKinnie that he shall not rent
any part of his building to any par
ties dealing in gents furnishings
other than the Hoffmans. Judge Gest
did not render a decision, but init
mated that he could not under the
law restrain MIR. Mullane from selling
clothing and gents furnishing goods
unless it is shown that Mr.. Mullane
had some notice of the provisions con-
tanned in the Hoffman lease. The
Judge expressed himself that DR.. Me
Kinnie should live up to his agree
ment with Hoffman Bros, but his
failure to do so must be settled in an
other way if Mr.. Mullane was not
notified of the provisions of the Messrs.
Hoffman lease. Damages, he thought,
might be secured from DR.. McKinnie.
The appeal from the county court
of the Lycoming Rubber company
against Wright & Barber was dis
missed at Ottawa yesterday by the
company, which is controlled by the
United States Rubber trust. The de-
cision on the appeal was to have been
announced today. Wright IL Barber
refused to pay for bill of goods pur-
chased from the Wyoming Rubber
company, first, because it had broken
it's agreement with the firm by selling
goods in Davenport ID per cent cheap
er than it sold them here, and, sec
ondly, because the company belonged
to n trust. The case was twice tried
in the county court, Wright & Barber
being successful in both instances.