The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-17
But the Decision Suggested a
Compromise to All
Parties.
SHOCKS GET THE WATER
From a. m. to 4 p. m. and the City
Gets 1t the Rest of the Time.
JUDGE TAYLOR'S FINDING
Covered the Ground Completely and Indi-
Gated Clearly That the Recourse the
City Bas Had Was Appropria-
tion-Gist of the
Opinions.


City Bas Had Was Appropria-
tion-Gist of the
Opinions.
Judge Taylor came up Friday morning
and the Shock Bros. injunction cas-
is decided. BY the decision the Shocl
Bros. own the water right and with l
all the necessary water to run thei
mill and the city has no right to take {
drop from the creek If 1t interferes will
the Shocks. After the judge had statet
his position and granted an injunction
which would have compelled the city t.
have stopped using water from the creel
when it was objected to by the Shock.
the attorneys got to figuring on tht
case and an agreement was reached
Judge Taylor gave his decision about
10 o'clock and then he granted till Il
for the Shock boys to be sent for to see
if some modification could be secured
of his finding. When the Shocks came
up they agreed to compromise with the
city for the present and so the decree
was modified. AS it stands now the in
.
Commencing at o'clock in the morning,
sun time, the city is to shut off it's gates
at the head of the race and allow all
the water to flow down the creek basin
into the Shock race and to the mill and
this is to go till 8 o'clock sun time, in
the afternoon. At 3 o'clock in the af-
ternoon the city may open it's gates at
the head of the race and allow all of the
flow of the creek to go in to the water
works race from that time until o'clock
in the morning.
The city will have to fill up the race
at night and use the water out during
the day and allow the Shocks to use
the water in the creek by day. After
the judge had rendered his first decision
this was the agreement proposed by the
Shocks and the judge said that If the
city did not accept 1t he would enter
the decree as he had first made it, to-
wit, that the city shall not take any
water from their creek when it inter-
Ieres with the power of the Shocks.
The modified injunction, however, will
not apply in case Of fire in the city.
The attorneys for the city hesitated to
agreed to do so and from this time on
the water of the west branch of the
Nimishillen creek will be allowed to go
gurgling down the creek to the mill all
day long without being interrupted in
it's course.
lie ci tNlN ffn1 ta,,a
porary injunction and the court said it
would have nothing to do with the find
ing when the case came up for the hear
ing on the granting of the perpetual
injunction. From the tenor of the
courts remarks, however, it can easily
be seen that the city will be cut off en-
tirely from interfering with the rights
of the Shocks when the case comes to
final hearing. The injunction as Il
stands now and the agreement under
it is only to apply during the tendency
of the final hearing.
Judge Taylor took up the Shock case
at o'clock. The court reviewed the
case thoroughly, taking up each separ-
ate claim of the plaintiffs and of the
defendants. He said the water right
of the Shock mill is a part of the
property and the city has no more right
to take their water right without a con-
tract or by process Of appropriation
than 1t would have to take the mill or
any other property.
The city claims the taking of the
water does not injure the plaintiffs
but the testimony shows that 1t does
inJure the plaintiffs
The city claims the granting Of
preliminary injunction Is discretionary
with the court and the plaintiffs have
remedy by sueing for damages. But
the damage suit already tried has not
been settled, II the present condition
continued, there would be a multiplicity
OF lawsuits and the plaintiffs would
be compelled to go through the tortuous
process of law every year or whenever
they were damaged. Again the city
claims is 1t is compelled to appropriate
the water right that 1t cannot recover
back what 1t must pay on the former
verdict. The court said this was un-
fortunate but he could not help 1t.
Further the court said that the city
had agreed to turn over into the mill
race the appolinaris water flowing from
the sewage farm. The plaintiffs re-
fused to accept this. The court said
that he believed the sewage disposal
works was as well conducted as any
such works but there might be some
fastidious persons who would not want
1t for table use, and to battle In and
mix their buckwheat cakes and johnny
cakes with and there are others who
might not want It in their mill race for
aAt he Co thatr
-four.
1t 10 also claimed by the city that
there Is enough water for both but
the court said the testimony showed
there was not enough.
The city also claimed that as the
plaintiffs had stood by and seen the
water works plant erected they were