The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1903-06-12
Occur d'Alene Injunction
Case Decided.


case of Coeur d'Alene, favorable to
the Cable Milling company. Last
winter the trustees Of the towns Of
Coeur d'Alene and Rathdrum granted
electric franchises to the Cable Mill
| ling company Of Post Falls. Coeur-
d'Alene went a little further and
granted the Cable Milling company
the right to establish q new water
system at that place. The Cable
Milling company was to commence
ope erations immediately, but a barrier
appeared, which has caused months
of DELAY. The old water company of
Occur d'Alene questioned the right of
the evillage trustees to grant another
| franchise, and commenced Injunction
proceedings in the district court.
Willis Sweet was counsel for the old
water company, G. l.. Heitmau ap-
peared for the village trustees of
Occur d'Alene, and B. o. Graham
represented the Gable Milling com.
i
pany, the latter two being the de-
| PENDANTS in the action. The case
came up for trial in the latter part Of
the last session of the district court
of Kootenai county and decision was
| taken under advisement by Judge
Morgan.
| Last week Judge Morgan's deliber-
ations ended in decision which is
undoubtedly most satisfactory TO the
Cable Milling company. The court
holds that the city council has right
to grant as many franchises as it may
see flt. ~ -
| But while holding that the fran
chise granted the Gable Milling COM
pany is valid in its essential features,
it does not vacate or repeal the fran
chise held by the present company.
In this respect, perhaps, the decision
may be regarded by the old company
is victory. But it does not prevent
the Gable Milling company from go
ing ahead with the building of its
contemplated water system. Accord
:ngly the management announces
that they will commence active oper
alton thereon at once, and expects tt
: have the water running in its mains
within 60 days.
t In short, by virtue of Judge Nor
gan's deci:ion, the present compan,
, | retains its franchise and stands on ar
equal footing with its competitors
The people here are delighted owe
the prospect of having, in the nea
future, water system that viii
,fford them adequate fire protection
!. and pure water for domestic purposes
The Woodinen of the World hav
selected Sunday, June 25, as the dat
y for their annual picnic. The excul
y sion will be to Occur d'Alene lake
n and it is expected about 1000 may at
C tend. A boat ride will be one of tn
"a features of the day, while ball gam
other athletic sports will help
d make the day joyful.
r. Unknown parties partially wrecke
10 the saloon OF Tom Cleland at Wes
= standpoint, Thursday morning OF las
i week, by exploding stick of dyn;
mite under one corner Of the plac
The windows were broken and tf
y stove overturned but no great damas
De was done. Mr.. Cleland who slept
the place was awakened but has +
clue to the dynamiters.
u A game of ball was played at Pc
" Falls Sunday of last week betwet
~ well matched teams. The contestan
al were the Post Falls nine and the Sp
Is, kane Athletic Club boys. The SEQ
VI at the close of ten innings was 10
go favor Of Spokane.
- A sensational damage suit has be
filed in the district court in viii
:, Frank Buckle is plaintiff and WI
- McConagby is defendant Both pa
!. ties are well known farmers livi
north OF here and McConagby is
single man. Buckle and his W
:. separated and he now charges McC(
inp aghy with being the cause of his d
in nestle troubles. His complaint as
by the court to award HIM damages
the amount of $40, 900 on the grour
ST that McConaghy alienated his viii
affections Mr.. McConaghy refu
to talk Of the case. He has employ
ma! Edwin McBee to look after his
to terests. G. L. HeitE.an represents
u Bnckle.-Coeur d Alene Press.