The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-03
SHIRT WAIST AS
A COURT DRESS
BIG CORPORATION CASE FOUGHT
IN SHIRT SLEEVES.
Hearing in the Rocky Glen Equity
Suit Conducted with the Attorneys
Parties and witnesses Costless
and Vestless-Decis in Luzerne
County Which Has a Direct Bear
ing on the Local Issue Arthur
rockingham and Annette Rey-
nolds Testify.

parties to the Rocky Glen injunction
case got together yesterday. before
Judge John +. Kelly. in the torrid
main court room to settle their dis
pute.
1t was a very warm proceeding in
more ways than one. IL. A. Fuller, of
Wilkes Barre, who with Joseph O'Bri-
en- and J. r.. Burr represents the de-
fense, is "a rather sarcastic sort of man
at times and yesterday was one of his
times to be sarcastic. The attorneys
for the plaintiff were r.. G. Newcomb
and Major Everett Warren.
With the consent of Judge Kelly n
majority of those i'm attendance at
the trial appeared in -hirt waists.
Among those who were thus attired
were Attorneys Fuller, Burr and War
rem, George A. Lee, ex-senator NJ. T..
Mcdonald, officers of the defendant
companies and Miss Annette Reynolds,
treasurer of the plaintiff company.
The hearing was in substance an
Ella alteration by testimony of the aver
ments in the bill Of injunction and
the defendants answers.
PARTIES TO SUIT
The plaintiff is the Rocky Glen Wat
er company, of which Arthur FToth-
ingham is president Annette Rey-
nolds, treasurer. and William Froth-
ingham. secretary. The defendants
are the Scranton and Northeastern
Railroad company, the Connell Park
and Speedway Street Railway COM
pany, the Lackawanna and Wyoming
Valley Traction company, the Central
Valley Rapid Transit company, the
Wilkes Barre Street Railway company.
the Transit Contract company and
Contractors John Il. Lee and Joseph
Page. The defendants are virtually
the new rapid transit trolley company
now engaged in building an air line
between Scranton and Wilkes-Barre.
The contest Is over tract of land
In MoosiC on which the railroad com
pany has located a right of way and
the water company a reservoir. The
railroad company claims ii was on
the land first and that it holds it by
right of eminent domain. The water
company denies the railroad company's 3
right of eminent domain. and alleges
that at all events the railroad COM
pany did not proceed regularly to eX-
ercise such right.
The railroad company was chartered
| May 2S, 1900. and at a meeting of the
| board of directors. Nov. 90 1900 locat-
| ed a route from Scranton to Pittston.
which included a right of way through
| the land in question.
WATER COMPANYS CHARTER.
The water company was chartered
| in February, 1901, and dedicated a por-
| tion of it's tract for reservoir pur-
poses. This portion was across the
| right of way of the railroad company.
| The land in that vicinity owned by
| the company was about one hundred
| acres in extent. Forty acres of il
was laid out for the reservoir. 1t was
| owned by Miss Reynolds and decided
| by her TO the water company. of
| which she was treasurer.
| The water company proceeded forth
| with to make surveys and ClearinSs for
| its reservoir. In the early part of
| May, the contractors for the railroad
| company came along with theif men
and began clearing ana grading fOr
| the railroad track. The water com
pany came into court and secured a
| preliminary injunction on May %, re
| straining the railroad company from
continuing the alleged trespass. The
| company made answer to the effect
that it had seized the land under right
| of eminent domain and located II,
| route thereon four months prior to the
| organization of the water company
and that it had rendered the water
| company "A bond to indemnify ii fol
| the damages 1t would sustain by rea
| son of the seizure. The railroad com
| pany also petitioned court for rule
| TO show cause why the court should
not accept the bond for the company
the company having refused it.
THE TESTIMONY.
The taking of testimony was begun
at o'clock yesterday m, rning on th'
rule TO continue the preliminary in
junction, restraining the railroad com
pany from persisting in its ALLEGED
trespass. Nearly the whole day wa
spent in hearing the plaintiffs side.
| \. T.. Stevenson, civil engineer, tes
titled to making the surveys for tn
water company and identified the MAJ
| showing tract, the reservoir and tn
proposed line Of the railroad, extend
ing about twelve feet inside the breas
! of the dam.
William Frothingham. secretary q
the water company, identified the min
uteS Of the meeting of May 20, 1901, a
which the reservoir was located an
dedicated.
Arthur rockingham. president q
the company, testified to the formatlo
Of the company. the acquisition of tn
land, the location and dedication O
the reservoir site, and that the pres
ent site of the reservoir is the onl
one available on their tract. He ais
swore that no indemnifying bond ha
: been rendered him for the water com
pany by any representative of the dc
PENDANTS. and that as far as he kne'
no one had rendered any bond to any
body connected with his company G
made any attempt To agree on pric
for the property.
MISS REYNOLDS, TREASURER,
Miss REYNOLDS, treasurer of the con
many, gave similar testimony. She aC
mitted, however. on cross-eXaminatiol
that a short time before the injunctio 10
was issued some one followed h'
e around town with a bond of $1,000
p indemnify Annette Reynolds for dan
: ages accruing from the seizure OF II
. lland In question. She refused To accel
, the bond, because she did not own Il
! land
I The defense opened at o'clock wit
I the presentation OF the articles OF n
An Earnest Effort.