The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1903-11-21

the street, and alleys Of said village,
II will result In the destruction Of
the works and property Of the
PLAINTIFF and In. violation Of the
statute laws OF the state. That the
aaid plaintiffs have no plain, speedy
and sffectnal remedy at Law.
Whereof, these plaintiffs pray that
the said village Of Occur d'Alens be
restrained from entering into said
contract with the said Consumers
Company and by means thereof
repudiating the contract with these
plaintiffs that the said Consumers
Company be restrained from digging
up said streets and laying mains
and pipes in said streets and alleys
and thus destroying the said works
Of these plaintiffs, and In violating
the laws Of the state Of Idaho. That
temporary injunction be issued
restraining said defendants as STORE
said until the said matter can be
heard by said court and the merits
Of said cause be heard and finally
determined and for such further
relief ~ may be deemed equitable
and for costs Of this action.
JOHN l. MORGAN.
A. A. CRANE,
Attorneys for plaintiffs.
State OF Idaho
County Of KootenAi
james Monaghan, one Of the
plaintiffs In the above entitled
action, being iSt duly sworn,
deposss and says That be 10 one Of
the plaintiffs in said cause, that he
has heard Rad the foregoing com
plaint and knows the contents there.
Of, that the same Il true In substance
aud In fact, except ~ 10 those matters
therein stated 10 be on information
and belief, and those matters be
believes TO BE- true.
JAMES MONAGHAN.
Subscribed aud sworn 10 before me
this l2th day Of November 1903.
EDWARD p. BRENNAN,
Notary Public.
Exhibit A"--OrdInanca No. 10.
Sec. /. The town 0f Occur d 'Alene
hereby granite 10 d. c. Corbin, c. b.
King and james Monaghan, and 70
their successors. the sole and ex.
elusive right for the period Of atty
1907 yeAn from the date Of this
ordinance, 20 lay water mains and
pipes In. through and along any and
all Of the streets and alIeys included
within the corporate limits Of sAId
town, for the purpose Of conducting,
distributing and selling water 70 ia
inhAbitants.
Sec. :. The town, however. a.
considerations annexed 10 the above
grant requircs:
First, that said Corbin, King and
Monaghan, aud their SUCCESSORS,
shall, on or before January LIST,
A. d. 1890. have constructed and
laid down and In working order q
main commencing At some convenient
point In Occur d'Alene lake and
running north 70 Front street and
east TO Fourth street; thence alons
Fourth street 10 block twenty Ave
branch main connecting with the
main on Lakeside avenue TO Fiftl
street; = branch main connecting
with the main on Sherman street and
running thence east along Sherman
street 60 Sixth street and west along
Sherman street TO Second street; max,
provision for connecting at least on'
hydrant pipe al each street crossin.
wherever pipes and mains are laid
Second. That said town may al
0 any time erect hydraDts AZ any placl
. or places IL may consider then
needed. and al It's own expense 70
hydrants, pipes, laying and connect
ing same; may require said Corbin
4 King aud Monaghan, or thei
q successors. TO connect said hdyrant
g TO any mains or pipes Of said Corbin
d King and Monaghan and thei
e Successors, at any point where Their
IL Is connection for hydrant pipes
and said town shall, at any time and
!. all timea. have use Of said hydrant
ID and water from all mains and pipe
II for extineuishing fires free Of charge
ID Third. That mains and pipes cor
Il Quoting the water shall be under II
" level Of the established grades Of II
~ streets not less than ten tlo) inche,
os aud that all mains shall be laid I
ut one side Of the street, that lie to "a!
M that no mains shall be laid in Il
In center Of any street.
Of Fourth. That said Corbin, XIII
he aud Monaghan shall, at all time
-. keep a sufficient supply of water
he said mains and pipes.
he Sec, g. Ordinance No. IL, pass'