Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1901-02-07
Triple CONTROVERSY.
II Has Assumed a Complicated
Form

Last week we made some reference TO
the controversy that was going on over the
use of coal tpple at Pocahontas. the
Browning's and the Southwest Virginia
Improvement Company being parties to
the controversy.
Az We stated last week, several years ago
there was hot fight between the same
parties over the same tipple. The South
west Virginia Improvement Company un.
dertook to tear away the tipple, and part
ly succeeded in doing so, when an injunc-
ton was secured by the BrowniDgs. While
injunction proceedings were pending Col.
Browning was compelled to haul his coal
in wagons nearly half a mile and load 1t
on cars. Finally the litigation was termi.
mated by compromise, in which the
Brownings admitted that the tipple was
situated on the land of the Flat Top Coal
Land Association and agreed TO use the
same at the will of that Company. Thus
matters stood, until recently, when notice
was given the Brownings TO discontinue
the Use of the tipple.
The notice to quit using the tpple grew
out of another controversy which had
arisen between the Southwest Virginia
Improvement Company and the Brown.
ings. II seems that in operating their
mines the Brownings had mined close up
to the line of the Southwest Company, and
as claimed by that company had mined
over the line onto lts side at a certain
point. At that point large amount Of
water had collected in the mines, perhaps
three or four acres of water and in its
operations the Southwest Virginia I'm.
proyement Co. broke into the water and it
flowed into its mines, causing consider.
able damage. The Company demanded
compensation in the way Of heavy DAM
ages, which the Brownings refused to pay,
claiming that they had not mined beyond
the limits of their own ground and that
the Southwest Virginia Improvement Com
pany knew that the large amount of water
was in the mines and had carelessly broken
into it.
When the Brownings refused TO settle
for the damages done the Southwest Com
pany by the flooding of its mines, notice
was served upon them TO abandon the
hpple. This the Brownings concluded to
do,and on last Saturday, we are informed,
abandoned the tipple.
In the meantime another complication
has arisen in the controversy. Some
months ago j. S. Browning purchased
large and valuable boundary land from
Hon. A. st. Clair. The land is located in
Abs Valley and near Pocshontas. The
Pocahontas Light and Water Company
secure all the water supply for the town Of
Pocahontas and for the use of the coke
ovens of the S. w. Va. l. Co. from what
is known as the Witten Spring in Abbs
Valley. The water is pumped from the
spring over the ridge between Pocahontas
and Abs Valley. 1t is claimed by Col.
Browning that the pipes through which
the water is pumped to Pocahontas pass
for distance of from three 10 five hun.
dred feet through the land recently pur.
chased by him from Mr.. st. Clair. A few
days ago Col. Browning proceeded to take
out two sections of the pipe located on
what he claimed was his land, and in that
way cut off the water supply Of Pocahon.
tas. Thereupon the Pocahontas Light
and Water Company icaused Col. Brown.
ing's arrest, and he promptly gave bond.
The Light and Water Company also Sc
cured an injunction from Judge Sanders
in West Virginia and from Judge Cassel of
the Hastings Court of Radford, Virginia,
restraining Browning from interfering
with the pipes. We are informed that IN
its bill praying for an injunction the Light
and Water Company alleges that its pipes
are not upon the land Of Browning, and
that if they are, they were placed there by
the consent Of the former owner, st. Clair,
giving, as is claimed by the Company, an
irrevocable license. The Light and Water
Company has also built house over the
pipes at the point where title is in dispute
and has placed a guard there to protect
the pipes. Steps, We suppose, will be taken
to dissolve the injunction and settle the
question as to the rights Of the parties.
In the meantime another complication
has been injected into the controversy.
Col. Browning has applied to the Norfolk
and Western Railway to extend the track
on up to bis mines, distance Of some five
or six hundred yards. This the railroad
company has agreed to do, but we are in
formed that the Flat Top Coal Land Asso'
citation, over whose land the track will
have to be located part Of the distance,
objects, and that contest may be entered
into between it and the railroad company.
AS it is, the different parties to the con-
troversies are now keeping some OF our
lawyers quite busy. Major r. r. Henry
and Judge S. w. Williams now represent
the Brownings, and A. ]. and S. ID. May
and G. ]. Barns represent the other