The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-27
WORK BEGAN THURSDAY.
Contended by Reymann Brewing Com.
pany That City Has No Right.
DECISION FAvORING THE CITY.
ATTORNEYS Have Filed Their Petition For
an Injunction In the United States
Court--Writ Served Upon
the Mayor at His


United States court at Cleveland by this
Reymann Brewing company, for the
purpose of securing an injunction pro-
hibting the water works trustees OF
Canton from in any manner interfering
with the possession of or entering upon
the plaintiffs grounds at Meyers lake
This proceeding was taken in view OF
the fact that the trustees at a recent
meeting ordered the Reymann Brewing
company to repair the old lake main
which, it is alleged, was destroyed by
men in their employ several years ago.
Since the decision against the trustees
in the Shock case, the water depart
ment has been contemplating the re-
pairing of the old lake main, so that in
an emergency the water supply for the
city could be obtained from the lake. A
notice was sent to the Reymann COM
pany by Secretary Barry, last week,
and there was no response. Thursday
morning Superintendent Ohliger secur-
once proceeded to the lake for the pur-
pose of repairing the main and after
ward collecting the expense of the work
from the brewing company. However,
as soon as he started working, repre-
sentatives of the company notified the
Wheeling officials of the company, and
an immediate application
FOR AN INJUNCTION
was made by the attorneys Of the COM
pany in the Cleveland court before
Judge Ricks. The Wheeling legal rep
resentative called upon Attorney James
A. Rice, Of this city, their local repre-
sentative, and instructed him to draw
up a legal notice respecting the proce-
dure in the courts at Cleveland and
serve the same upon the mayor. The
notice was drawn up and Attorney Rice
served the same upon Mayor Robertson
before noon, Thursday.
The writ was signed by the Reyman
Brewing company, per Howard and
Handlan. and James A. Rice, it's attor-
neys. The acknowledgment Of the SER
vice of the writ was signed by Mayor
James A. Robertson.
Attorney Rice will go to Cleveland
Friday morning for the purpose of ar
guing the case Friday afternoon in the
mayor has instructed the solicitor Of
the service made upon him, and the So
licitor probably also will go to Cleve-
land at the same time to represent the
water works trustees.
THREATENED BEFORE.
The proceedings which have begun,
have been threatened before. 1t appears
that in the files of the water works
Office there is a copy Of circuit court
decision which was handed down many
years since, in which the City of Canton
is granted the right of using the water
of Meyers lake for any purpose in con-
nection with the repairing or relaying
of the lake main. This lake main was
laid many years ago and was in use up
to some years ago. 1t was then aban-
doned and the water from the race
and some additional spring water OBJ
tained from wells was pumped into the
mains for supplying to the patrons Of
that department. Several years ago
the question of the rights Of the trus-
tees in the premises, arose and this de-
cision was brought forth. No proceed
ings were begun at that time. Since the
department has been limited in It's sup
ply Of race water, it was imperative,
in the minds of the trustees that some
emergency might arise where the water
supply would run short, and this
caused the trustees to discuss the relay
ing of the old lake main. The Reymann
Brewing company destroyed the por-
tion Of the main extending into the lake
when they first purchased the adjoin-
ing grounds, and since then they have
contended that the city has no right
TO use water from the lake.