The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-07-29

Judge T.. c. Newcomb yesterday be-
gan the hearing on the rule for an in
junction, secured by the Borough of
Archibald to restrain the Elk Hill Coal
and Iron company from running the
water from it's Archibald washery into
what the borough claims is city
gutter.
Borough Attorney Richard ]. Bourke,
John j. Murphy and ex-Judge j. w.
Carpenter appeared for the plaintiff ].
e. Burr and O'Brien & Martin repre-
sented the defense. w. A. May. gen.
eral manager of the company, and
William Murphy, superintendent of the
washery, sat at the defendants table.
Burgess p. j. Burke, John j. McHale,
president of the council, and number
of other borough officials were present
and gave testimony in support of the
injunction petition.
The company draws water from the
Lackawanna river through three six
inch pipes. and after using it at the
washery empties it into a sluiceway
which extends down Bohemian street
a distance of lis feet. Then the water
crosses Main street, through box cul-
vert and finds the river again.
The plaintiffs claim that the company
has no right to empty water into the
gutter and that by reason of it's doing
so causes a nuisance, as the flow is too
great for the gutter and washes away
the street.
NATURAL STREAM,
The company alleges that a natural
stream has it's source on the washery
nrOnnrtv hat ba i,,
tion is nothing more or less than an
extension Of this natural water-course.
The company claims the right to empty
water into the natural stream.
Just before the strike, an ordinance
was before council granting the COM
pany the right to allow its washery
water to course through the borough
cutters. The closing down of the wash
cry halted the passage of the ordinance.
When the company reopened the wash
cry last Tuesday the council passed a
resolution forbidding the company the
use of the gutter. The company paid
no heed to the mandate of the council,
hence the injunction proceedings.
The testimony yesterday was mainly
descriptive of the conditions as de-
scribed above. Today the company will
put IN its defense. Among other things
it will show that the borough officials
requested the company to build the
sluiceway which carries the water for
a part of the length of Bohemian street
and that it was informally, at least,
approved by the borough, when it was
The company, through Attorney Burr,
argued yesterday that it Is entitled to
use the water course under the decis-
ion in the celebrated case Of the Penn
sylvania Coal company against San
derson. Judge Newcomb gave it as his
opinion that the cases were in no way
similar, but invited the defendants
counsel to proceed with what argu-
ments they might have to support their
contention. Mr.. Burr will be heard on
the matter today.
In the Sanderson case the plaintiff
was upheld in pumping water from it's
mine and allowing it to take to nat
ural water course, despite the fact that
1t killed fish in the defendants pond,
erected on the stream some distance
below the colliery. In this case, the
judge pointed out, the company pol
lutes the water by washing culm with
1t before it deposits it where it where
1t finds it's way into the city's gutter.