The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-07-31
COMPLETE COURT RECORD
That Was Obtained While William A.
Lynch Was City Solicitor.
A CHANCE FOR A HEARING.
Toledo Judge Decides That the Case Shall
he Heard Before Judge Day, II
He Will Hear It-Both
sides Getting
Ready.


| Ready.
The city Of Canton and the Reyman
Brewing Co. are both getting ready for
a. first class law suit over the water In
the lake. The city is going ahead with
preparations for drawing the water out
to the pumping station and the Reyman
Brewing company Is on the alert to get
an injunction to stop any such pro-
ceeding. Friday Attorney ]. A. Rice, of
Canton, and Attorney John Howard,
of Wheeling, representing the Reyman
Brewing company, went to Toledo to
present an application for temporary
injunction against the city. When they
got there they found the city had en-
ployed Attorney Julian Tyler, of Toledo,
| to look after its interests. The case
was brought to the attention Of Judge
Thompson who was sitting on the
United States court bench at that pace.
He refused absolutely to have anything
to do with the matter. He said the case
should be brought before Judge Day,
who was right here and then the city
could have a better chance to defend
itself. Furthermore he said he had all
the work he could attend to and he did
not propose to have the business from
all over the country saddled upon his
court. He told the Reyman Brewing
company attorneys to take their case
to Judge Day and If the Judge thought
he was too much interested to hear it
ne could designate some one who would
hear it. The attorneys then came home.
Mr.. Rice said Saturday morning that
he would see Judge Day and as soon as
he could would find out whether he
would take up the case and SO when.
CITY NOT IDLE.
In the meantime the city has not been
idle. City Solicitor Smith has been
hunting up the records and on Saturday
morning he had County Clerk Casselman
certify to transcript Of the records in
Icommon pleas court by which the city
appropriated the water and the right
of way from Meyers lake. The proceed
ings, as the record shows, were begun
in October, 1868, when William A.
Lynch was city solicitor.
An ordinance was passed in the city
council on October 8 declaring for the
appropriation of the water and right OF
way and on October 20 a petition was
filed in common pleas court by Mr.
Lynch for the appropriation. William
III. Wyant was at that time presiden,
Of the council. At the November term
| Of court answers were filed and the case
came on for hearing. A jury was EN-.
paneled to
ASSESS THE DAMAGES
and a hearing held. The case was tried
to the jury and a verdict rendered il
which the jury assessed the following
| damages which the city was to pay:
Joseph Myer 81, John Setlet IS, Johl
Blum So, Andrew Piero IS, George De
2 waits heirs IS. Collins McGregor SOC
: Ignatius Piero 80. John Miller's heir
5 $3.50, Levi Smith $3.50. Samuel Smitl
: $25. Canton Cemetery association $4O(
: Adam Phillips and Lawrence Bachte
/ 50. Damages were also awarded alon
4 the section lines Of Canton and Plat
o townships where the pipe line runs t
n the extent of $92.
|
: lwere as follows:
% Samuel Krider, John Bolender, Abra
!. ham Gaskill, Simon Hurford, Joh
J. Brouse, Benjamin Cans, Jesse H. Er1
Jacob ]. Bahney, Thomas McCormi
r Henry Grlse. Samuel d. slusser. Jaco
n Bochius.
10 JUDGMENT ENTERED.
le Judgment was duly rendered upon Il
s. verdict and the city was ordered to pa
r the money into court for the satisfa
ton of the damages 1t did and Il
proper parties got 1t and gave receipt
In This appropriated the rights and Il
,e rights are as follows. as taken from Il
to record:
a First: The right to draw from 50
at lake such quantities Of water as mi
In be needed for the present and futu
he supply Of said city.
IT, Second: The right to construct al
al keep In repair ad control. dam at t
or outlet OF said lake in such manner
ne to be able when necessary for the su
in ply Of said city. or to increase the wat
he pressure. to raise the surface of t
to lake. with q sluice In the same, whi
u shal be under the sole control Of t
n proper authorities of said city.
lis Third: The right and privilege
It. raising the surface Of said lake VIII
srs necessary for such purpose two fe
be with right to flow adjacent lands
We an extent necessary for that purpose.
nd Fourth: The right to enter at n
d. time said lake at the point designat
at the end OF said line. 20 far and
such direction 40 may be proper for |