The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-29


with Water-Tull Text of the
Opinion Written by Judge Halsey
with Reference to the Case
| Carbondales fight for municipa
| water received a discouraging blow
| yesterday when Judge G.. S. Halsey OF
Luzerne county filed an opinion max.
| ing permanent an injunction restrain.
ing the city from increasing its indebt-
| edness $145,O00 for the purpose of secur-
ing city water plant. The injunction
was asked for by Earl M. Peck, Frank
| Hollenback. Eli u. Hendricls. Andrew
| Mitchell. a. p. Trautwein. the Delaware
| and Hudson company. taxpayers of the
/ city of Carbondale for themselves and
others who may join in the action, the
Crystal Lake Water company, the Fal
| Brook and Newton Water company. the
| Lackawanna Valley Supply Water
! company and the Consolidated Water
company. The defendants were the
| city of Carbondale and j. w. kilpat-
rick, mayor ana n. l.. Moon, city clerk
of Carbondale.
The Injunction was asked for last
| summer and Judge Halsey was called
| here to hear the testimony and dispose
of the matter. There were q number of
hearings. Attorneys j. +. Burr, j. H.
Torrey and Patterson & Wilcox APP
pearing for the plaintiff The defend
ants were represented by City Solicitor
Stuart. Judge Newcomb. G. Comegys
and Fl. c. Butler. The opinion covers
~
and is as follows.
Tie OPINION.
The disposition OF this case is before the court
upon bill, answer and replication, for the con.
tinuance OF preliminary injunction heretofore Ie
granted by the court restraining the defendants
and their successors from creating Il proposed
indebtedness OF $l45, 900 and from issuing bonds
TO secure HE same any part thereof for the
construction of water works IN the city OF Car
bondalc aud restraining the defendants from
executing any contract for the construction
OF the proposed water works and passing any
ordinance o. doing any matter or thing in
trthelanCc OF their purpose to increase the
indebtedness Of said city to erect said water
works.
Tile individual plaintitfs are residents. cti-
zens aud taxpayers Of the city OF Carbondae
in The county OF Lackawanua. The Delaware
| and Hudson company is corporation of the
state OF New York and under its franchises
is allowed TO hold lands and transact business
in the state OF Pennsylvania and under sucl,
authority is the owner OF real estate upon which
it pays taxes in the city of Carbondale The
Crystal Lake Water company is corporation
created under a decree of the court OF com.
mon pleas OF Luzeinc county on the 10Th OF
August, 1867, for the purpose OF supplying
water to the city OF Carbondale. The organiza-
tion Of the Crystal Lake Water company had
its inception in 1867 and grew out Of the
fact thut from 1864 down to 1867 there had been
repeated and numerous fires within the munich
pal limits OF the city OF Carbondae. The fire
extinguishing apparatus prior to 1867 was crude,
inefficient and inadequate. The numerous fires
happening within the period stated resulted in
great loss to property holders and were so dis
astrous in results that it was difficult to obtain
insurance against fires out OF established in
suiance companies. In many cases policies were
cancelled and when not cancelled, the premium
for insurance against fires was at rate that
was almost prohibitive. Mr.. Jadwin was in
business during this time with his brother.
and in his testimony, he says: I'VE were
burned out three times in twenty-five months" "
That thereafter some of the insurance COM
panies refused to issue any more policies. Some
OF the reliable companies and others wanted
very high rate of insurance, from five 10
seven per cent. and some higher. That be-
cause Of the conditions that prevailed with
reference to fires it became necessary to cstab.
lish some method for protecting property in
tcrests from conhagration. That lie in company
with some other gentlemen interested as pIQp.
crty holders consulted Mr.. Manvie, OF the
Delaware and Hudson company, about the use
of the reservoir at No. ! Hill. As result Of
this interview. a meeting was called for the pur'
pose of organizing company 10 supply water
for fire purposes. subscription paper was
prepared and the business men upon Main street
asked 10 subscribe sum sufficient to
establish a water supply that would be ado
quatc TO protect the property interests against
fire. The money was subscribed and pipes were
laid through the city from the reservoir at
No. l hill and fire hydrants placed at the
corners of the blocks and sometimes at the
centre OF the blocks. The organization having
its origin in the subscription paper was sub
sequently incorporated by the Court OF Common
Pleas OF Lnzerne county on the 10Th OF August
1867, with a capital stock Of 5000. The com.
pany was originally organized for the purpose
of protection from fire, hut subsequent thereto
attachments were made TO the plant for the
supply OF householdoIs for domestic purposes,
under the grant of Incorporation which was TO
introduce into the city of Carbondie a
sufficient supply of pure water from any spring
or streams OF water in the city of Carbondac
or in the ncighborhood thereof to which they
shall acquire the right and for that purpose
provide, erect and maintain all proper buildings,
cisteriE reservoirs, pipes and conluitS for
the reception and conveyance Of water to hc
introduced into the city Of Carbondale and
from time to time to renew and repair the
same. The grant to the Crystal Lake Water
company was TO supply water to consumers in
the city OF CarbondalC This supply came from
sources on the northcastcry side OF the Lacka-
wanna river which passes through the centre
Of the valley in which the city Of Carbonate
is situated, The city is largely built on thc
Rorthcasterly side Of the river. The location
of the plHces Of business and largely Of the
householdcrs is upon the came side or was at
the time OF the Incorporation of the Crystal
Lake Water company. However, the Crystal
Lake company did To certain extent supply
consumers with water upon the southwcstery
side Of the river, The consumption Of water
by the customers Of the Crystal Lake company
largely increased between the date Of the in
corporation and the time Of the hling IT
the hill in this case. The sources OF supply
have been very largely increased and large sums
OF money have been expended in the enlarge
ment of the plant OF the company, in rcaying
pipe lines with larger conduts, the building
OF substantial and larger reservoirs so that the
quantity OF water of the Crystal Lake company
is amply sufficient to supply the demands made
upon them by the consumers,
WATER COMPANY FORMED.
In 1891 water company was organized by
virtue OF an application TO the Governor of
Pennsylvania under the act of Goth April, 1874
for the incorporation of water company to
be called the Fall Brook and Newton Water
company having ior its purpose the introduc-
ing supplying and furnishing Of water to the
public OF the city OF CarbOndale, county Gf
lackawanna, state Of Pennsylvania, and such
persons, partnerships and associations residing
therein and adjacent thereto as may desire ths
same. Upon this application there was dc,
cree OF incorporation by the approval OF the