The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-04

lHe nearing III the injunction case OF
the Rocky Glen Water company
against the Scranton and Northeast
ern Railroad company, was inter-
rupted yesterday by a motion for a
rule on the defendants to show cause
why they should not be attached for
contempt of court.
Arthur rockingham and Annette
Reynolds, president and treasurer,
respectively. of the Rocky Glen COM
pany, at whose instance the motion
was made, alleged in their affidavit
that Notwithstanding the injunction of
May %, 1901, forbidling the defend
ants from entering upon their land.
they have continued to work there ana
even at the present time have a der
rick erected on the property
The rule was granted by Judge
Kelly and made returnable forthwith.
Mr.. rockingham testified that on
three different occasions, since the
granting of the injunction, he has
seen men at work there and found,
upon inquiry, that they were working
for the defendants. Some of them
were cutting trees from the land ana
hewing them into ties. Others were
engaged in digging a ditch to divert
the water of Green Run, which the
plaintiff company proposes to use to
supply its contemplated reservoir.
Last Sunday, on the occasion of his
last visit to the place, Mr. FrOthing-
ham, so he says. found that the course
of the creek had been completely
changed.
WHAT FOREMAN SAID.
On one visit to the ground he met
foreman in charge of the work and
ordered him to cease opera ations, noti-
flying him, at the same time, of the
injunction. The foreman refused to
stop and said: ITO hell with the in
junction.
Miss Reynolds, who accompanied
Mr.. Frothingham on these visits, cor
| roborated his story.
Deputy Sheriff j. u. Ferber testi-
| fled to having served the writ of in
| junction on all the parties to whom
| it was addressed.
William Burnside. an employe of the
| Rock Glen company, told Of having
| seen men at work ON the plaintiff
! company's property at various times
| since the granting of the Injunction.
For the defense. Mr.. BoughtOn tes-
| titled that as soon as the Injunction
was issued. he notified all the engi-
| neerS and contractors working in and
about the Rocky Glen tract 70 cease
| opera tiOns and not enter upon the
property again until further notice
| from him. The work was stopped, he
| said and If any men entered upon
| the tract they were not employees of
| the defendant company, as far as he
| knew.
| w. +. Booth. a Sub-ContractOr, who
| had been working on the Rocky Glen
| tract. testified that Mr.. BOughton noti-
fed him of the injunction and that
since that notification no work was
| done on the premises by anyone in the
employ of the defendants. or by any
one else, as far as he knew.
| INJUNCTION RESPECTED.
| J. H. Rittenhouse. chief engineer OF
| the division on which the tract in
| question is located, testified that no
| work was done there after May 2J,
| the date of the injunction except the
unloading of some apparatus and sup
| plies by a firm or sub-contractors
| from Philadelphia, who did not know
of the injunction. AS soon as news OF
this was brought to the cOmpany's Of
flee, word was sent the Philadelphia
parties that they must remove their
stuff at once. They promised TO do
so. and did, but allowed a derrick to
stand with one of its poles reaching
onto the Rocky Glen tract.
George A. Lee, of Philadelphia, one
! of the directors of the company, cor
| rob, ~ated Mr.. Rittenhouse.
| Major Warren argued strenuouSly
| that the testimony of the defendants
| themselves showed that they We're
| guilty of contempt. The fact that the
| derrick was still standing on the
| plaintiffs property was sufticient, he
| contended to prove the defendants
| cOntumaciOus.
Judge Kelly ordered the evidence
transcribed and will pass upon the
matter later.
The hearing on the rule to make
the preliminary injunction permanent
| will be resumed Friday morning.