Evening star., 1899-06-13
NOT ACCORDING TO RULES
Judge Coles Action Upon Notice of Alleged
Disregard of Injunction.
Question at Issue Between Citizens
and the Standard Oil Company
additional Time Given.

The alleged disobedience of the Standard
OH Company of the injunction issued
against it more than two years ago, in con-
nection with its plant in South Washington,
was brought TO the attention of Judge Cole.
In Equity Court No. 2, this morning by
Messrs. Charles Maurice Smith and Edwin
Forest, attorneys for John G. Oeser and
VIM. j. Downey. Judge Cole, however held
that the alleged violation of the injunc-
ton had not been presented to him in the
manner required by the rules of the court.
and he therefore ignored the matter Couu-
sci for complainants having asked for addi-
uonal time in which to complete their testt-
nony in rebuttal, Judge Cole gave them I'M
til the 18th instant to finish their evidence
and allowed the defendant company ten
Gays in which to take IT'S Testimony IN re
buttal.
1t will be recalled that Judge Hagner upon
bill Of complaint filed by Messrs. Oeser
ana Downey, granted an injunction against
me standard OIL Company February 10,
1885, restraining the company from COM
pietins new tank house in square 697 op-
pCslte which the complaiuants reside and
from otherwise operating its plant in the
square mentioned. The case was carried 10
the Court of Appeals. which tribunal re-
Nersed the judgment of the court below ex-
cept SO far as the injunction restrained the
company from using its new tank The
compialnants based their bill on the alleged
stored by the company and on the inf1a M
mabie nature of the oils which they also
contended endangered their lives and pron-
erty because of the explosive character of
the oils.
Progress of the Case.
Meantime, testimony was taken by both
sizes, and several weeks ago the court al
lowed each side sixty days in which to take
testimony in rebuttal. The complainants
today asked for an extension of that time
put Messrs A. S. Worthtngton and Clar-
ence A Brandenburg, attorneys for the
company, objected. Judge Cole cut the
matter short by allowing the complainauts
until the 18th instant in which to take their
testimony, and gave the company ten davs
Tor like purpose.
1t was contended by the complainants
that the company has violated the injunc-
ton which remains in force but counsel for
the company stated that its new tank has
not been used, but merely tested by water
and oil to discover any leaks or bad con-
struction which might exist. They also
stated that this matter is not of recent oc-
currence, but of more than two years ago.
1t was also stated by the attorneys for the
company that, despite the fact that the
compliments charged that their lives and
property are endangered by the existence
of the company's plant the complainants
recently made a proposition in writing to
settle and dismiss the suit for a money con-
sideration. The proposition, the company's
attorneys stated, was declined, and the
complainants were warned to go ahead with
the taking of their testimony.
Judge Cole said the proper manner In
which to invite the courts attention to the
alleged violation of the injunction would be
the filing of a petition, setting forth the
time and manner in which the alleged vio-
lation occurred. In the absence of such
petition, he said, he could do nothing in the
matter.