The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-18
is Cl7ED TO SHOW CAUSE
Had Proceeded Against Receiver of
Durham Water Co.
WHO WAS Apo MED BY JUDGE PURNsLL
The Stale Court Injunction Returnable This
We k, But Th:re VIII Hardly b. Con-
Act of Courts. So Charged For
Water the Cause.

The legal troubles of the Durham Water
Company, which has been in the hands
Of a receiver for many months are fire.
quent and numerous these days.
Yesterday Judge T. R. Purnell issued
a temporary injunction against J. w.
Smith and Mrs. A. c. Smith, of Green's
boro, restraining them from interfering
with the receiver of the water Com
pany through the State courts.
A few days since Mr.. Smith obtained
a temporary injunction from Judge T. j.
Shaw, of the State Superior court, re-
straining the Durham aWter Company
from cutting of the water at two houses
owned by him. The receiver of the Wa
ter Company having been appointed by
the Federal court, the order granted by
Judge Purnell yesterday, restrains the
said Smith from interfering with the ac-
tion of the U. S. Court. The temporary
restraining order granted by Judge Pur-
nell is returnable January 4th in this city
when the defendant Smith is cited to
show cause why he should not be at
tached for contempt.
The hearing of the injunction against
the Durham Water Company is return
able before Judge Shaw this week at
Greensboro. The pehding conflict be-
tween the two courts will probably ad-
Just themselves, by Mr. Smith obeying
the mandate of the Federal court
This much complicated legal case in
wolves only three dollars directly. Only
three dollars are involved directly in the
injunction, but it may result in a long
legal battle in the courts. The wa
ter company has a minimum rate of SO
per quarter for each house furnished
with water and this allows 10000 gall
lens. All above this amount must be
paid for at price agreed upon. The
plaintiff claims the right to put a meter
at any place and furnish water to as
many houses as he may desire, so long
as all the water passes through the
meter and he pays for what he gets. The
company calims that he must put meter
at each house, in this way the company
being entitled to collect the minimum
rate of So per quarter for 10000 gallons
or less. If the courts sustain the plain
tiff it will be very often the case that
two or more houses can be furnished
with the $4,000 gallons and the cost will
be but So for the whole. Many people
in all parts Of town are interested in the
outcome of the suit, as a large number
will be affected by the decision 1t is
understood that the case was gotten up
for test and was backed by a number
of subscribers to the water company.
The temporary restraining order was
secured by ex-Judge r. w. Winston. who
was here yesterday and is as follows
This petition coming on TO be heard on
motion of John c. Hardy, receiver of Dur
ham Water Company, for preliminary
injunction and an order to show. AMI in
reading and considering the petition of
said Hardy. supported by the exhibits at
tached and the affidavit of j. G. Niche
and the same having been duly considered
by the court and it appearing that the
property OF the Durham Water Company
is In the hands of said receiver. and the
sad receiver having been interfered with
by one Jl w. Smith AMI Mrs. A. c.. Smith.
VINO have applied to a State court for n
injunction restraining said receiver from
operating said water plant. except in a
manner claimed by them as appears in
said petition and exhibits have caused
said injunction to be served on said re-
ceiver.
Now. thereforef it is hereby ordered
and adJudged that preliminary injunc-
tion be issued pursuant to the praver
herein, strictly commanding and enioin-
ing the said'J. w. Smith and Mrs A. c.
Smith, their clerks and agents. servants
and attorneys under the pains and penal
ties which may fall upon them and each
OF them in case of disobedienee, that
they forthwith and until further order,
judgment and decree Of the court desist
from any further interference with the
said receiver or the property of the Dur
ham Water Company in his bond or with
his hands OF with his management or
control of said property or from any other
or further prosecution of their said suit
against him as such receiver.
The said j. w. Smith and A. c. Smith
will show cause, if any they have ut 11.3O
January 4th 1902, at Raleigh. n. c.. in
said Eastern district before the under
signed judge of this court why this pre-
lininary injunction shall not be made
perpetual, and at the same time and
Place the said J. w Smith will show
cause why he shall not be attached for a
contempt of this court because of his
interference. with the saidSreceiver and
his said duties as an officer of this court