The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-17

suits now. The court held the claim
was not good law in this case. Again,
the city wanted to wait until the other
case was decided in circuit court and
the judge said he could not wait the
pleasure of the circuit court.
The city claimed 1t was a riparian
owner along the creek and had right
to the water. The court said it was not
using the water simply for its own
domestic use and that the citizens who
were supplied were not riparian owners.
Further the court commended the
waterworks and said the city might be
proud of the plant. 1t was well man
aged and the water was excellent for
putting out fires and running elevators
and steam engines, flushing sewers and
watering lawns, but the creek above
the race was a surface drain for all
the country round about with Its barn
yards and all and the court said the
sooner the city discovered it would
have to appropriate the water right the
better it would be for the people.
The court said 1t was a serious ques-
ton. The plaintiffs were injured, their
property taken and yet the city was
apt to suffer If the injunction was al
lowed.
In closing Judge Taylor said the
Shocks were entitled only to as much
water as would enable them to run
their mill properly and no more. They
were not entitled to all the water that
flowed If they did not need it all. He
decreed that an injunction should be
allowed to stop the city from taking
any of the water the Shocks needed for
power. The court said he would not
restrain the city from taking any water
but only from taking what would be
necessary for the Shocks to run their
mill. The writ was to be issued when
the plaintiffs gave bond in the sum
of $500. The Injunction, however, is
not to restrain the city from using all
water in case of fire.
This left the question still open in
a measure. The question to be decided
was just what the Shocks needed and
just how much the city should be al
lowed to take.
Mr.. Lynch, for the city, Immediately
asked that the injunction be stayed in
execution for a time till the city could
put through appropriation proceedings
to appropriate the water right of the
Shocks and take it from them by due
process of law.
Mr.. Thayer, for Shocks, resisted any
more delay. He did, however, think
that an arrangement could be made
which would allow the city to get water
at night and store it in the race and
then give the Shocks the uninterrupt-
ed flow of water during the day so that
they could run their mill. He said that
'or the present If the city would let the
water come so the mill could be run for
.welve hours they would be satisfied.
Mr.. Smith, for the city, said it would
probably take 60 days to get appropri-
ltion proceedings through probate
,ourt. The first thing would be for
he council to pass a resolution for an
ordinance and then notify the defend
ints that an ordinance to appropriate
vas to be passed. After that it would |
,e passed and then the proceedings
tarted in probate court. He said he
elt sure the city would begin appro-
'riation proceedings at once.
Mr.. Thayer did not want any delay. |
shocks have lot of wheat they want |
o grind and he wanted the thing fixed |
t once so they could run their mill |
"tiNS a Sdlu tudt IL i
hey could have little time to see
Iessrs. Shock they could set an hour |
t which the city could begin to take |
vater and they might take it all till \
certain other hour when it should |
top. The city did not believe any
uch thing could be worked success |
ully. Mr.. Lynch stuck for stay till |
he appropriation proceedings could be |
worked through and he said if the |
hooks were damaged any in the mean
ime they could sue and recover but |
he city could not provide for its |
amages If it had no water.
Judge Taylor said that was the ques-
ion that had given him trouble and
o he had decided as he had. He, how
yer, gave both sides till II o'clock to
et together and agree upon some plan
o be carried out in harmony with the
ecision of the court.