The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-10

The Messenger yesterday mentioned
that patrons of the Wilmington Sewer
age Company had instituted injunction
proceedings against the company, n
that the attorneys in the case were
Messrs. Bellamy & Bellamy and ROun-
tree & Carr for the plaintiffs, and ex-
Judge E. K. Bryan for the defendants.
The suit is the outcome of the meet
ing several weeks ago of the original
subscribers to the service of the Sew
erage company before it passed into the
hands of Philadelphia capitalists. There
has been no change in the charter of
the company blu the Wilmington stock
holders sold out their interests to the
Sanitary Sewer Company of Philadel-
phia. The company sent out notices
January list from Philadelphia notify
ing the patrons of al increase in the
rates of sewerage. for residences.
About fifty Of the patrons of the origi-
nal company objected to the increase.
and held q meeting at the rooms of the
Chamber of Commerce to resist the in
tentiOns of the company to increase the
rate. They claimed that they lac an
"oACCALACILI VIII lHc COMPANY III liz
nature of a contract to pay S25 and $50
for connection with the sewers and then
to pay annual fees of 81 and 81 reSDec-
lively for service. II vas decided at
the meeting to resist the increase in the
courts and it was agreed to assess each
Objecting patron SIS to employ counsel
and carry on any litigation that may h
entered into. The meeting then appoint
ed the following committee to employ
counsel n take the necessary legal
steps to protect what they considered
were their rights in the matter: Will
liam GilChriSt. chairman, Walker Tay-
Tor, r. G. Cantwell, George S. LeGrand
and 3. Solomon. The suit now institu-
ted is at the instance Of the committee
representing themselves and the other
DIRECTORS.
The restraining order issued against
the Sewerage Company, to which refer
ence was made, as having been applied
for before Judge r. B. PEBBLES at Bur-
gaw, was under an action entitled "B.
Solomon, Walker Taylor, William F1an-
agan, B. H. j. Ahrens, r. C. Cantwell,
William Gilchrist. Geo. S. LeGrand,
Timothy DOnlan and E. B. Peasants
against The Wilmington Sewerage
Company"
The complaint filed by the plaintiff
sets up that the plaintiffs sue on their
behalf as we'll as on behalf Of The
other parties who are similarly inter-
ested and who may hereafter become
parties plaintiff and may come
in and seek relief and contribute to the
expense of this action. The complaint
alleges that the Wilmington Sewerage
Company is a corporation doing bust
ness under q charter granted by the
general assembly of North Carolina.
private acts of 1893. chapter $50, end
cites sections of the charter to ShCW
" -. -
powers as to fixing reasonable rates"
of sewerage. 1t also sets out that the
plaintiffs and a great many other citi-
ZenS DESTROYS of obtaining the benefit
of an efficient sewerage system for
their respective premises and at rea-
sonable cost, approached the officers
of the Sewerage and made
application for sewer connection for
their premises: hat after negotiations
the company proposed to the plaintiffs
that if they would each pay $50 as a
connection fee, the would
charge each one so paying. for the use
and service of the sewers, annually the
sum of 50 and not more. and that if
patrons who desired connection pre-
ferred so TO do they could pay OF a
connection fee of S25 n a service fee
of 81 and no more. The complaint al
legeS that some of the plaintiffs ac-
Cepted the first proposition and others
the second. and hat they have faith
fully and fully kept and performed their
part of the contract up to about jan
uary 1st, 1908. The compartments then
go on TO say that control of the stock
of the Sewerage company recently
passed into the hands of others than
the original stockholders and although
the contracts referred to were still X
listing and binding upon each of the
parties thereto, the defendants IN or
about January LIST. 1903. in utter dis
regar and violation of the contract
rights of these plaintiffs undertook to
raise the rate of annual renta for the
service. greatly in excess of the cen
tract to an unreasonable and eXhob-
biant degree. and served notice that
unless payment was made in accord
anCe with the advanced changes. that
the defendant would discOnnect the
premises of the person so refusing to
pay, with the main sewer. 1t is furth-
er set forth that the plaintiffs have
rendered the various sums Tue by each
one of them. as an annual rental and
that upon its refusal at the original
rate, they believe that if the threat of
the defendant is carried out and their
premises are disconnected. the injury
will be TO them i~rreparable. and an aC-
ton for damages would lie. as they are
advised. totally inadequate, as plaintiffs
are informed, believe and allege, the
defedant is insOlvent. in that it has an
existing mortgage upon its entire sys-
tenn for $50, 900. which is greatly IN
excess of the sum for which the said
system would bring upon public sale.
Alter reciting the history of the Sew
erage Company and its contracts, the
complaint alleges that the plaintiffs
are Informed and believe that the rates
demanded by the defendant are Sot
only unjust and unreasonable, that
they are discriminating in that some of
the patrons of the defendant who are
situated with reference theerto as these
Plaintiffs nave been offered more ad-
vautageous terms and more reasonable