The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-02-04
TEMPORARY
INJUNCTION
is GRANTED
Right to Use Of the Park for
WaterwOrks Denied.
JUDGE GILL'S OPINION
Ten Days Given Attorneys for
!. City, When Question of
InjunctiOn's Perma-
nency will be
Determined.
JUDGE GILL'S OPINION

In the United States Court this af
tenoon Judge Gin delivered the opin
ion below:
IL the United States Court for The
Northern District Of the Indian
u Territory, Sitting at Yinita, Janu
ary, 1904 Term
No. 209g
Oliver Bagby, ct al, Plantlfis,
VS..
City OF Vinita, ct al, Defendants.
STATEMENT,
The complaiAt IN this action alleges
Diat plaintiffs, suing for themselves
fid III behalf Of other citizens. tax
Buyers and residents 81 Vinita, com
Balm Of the Allan Black Company.d de-
leudant corporation, Of Minnesota,a and
DC City OF yinita, and say for cause
81 action that the Cherokee Nation,
~ legislative enactment, plated the
lpwn Of Niaita. dividing the same in
~ streets avenues alleys. blocks, lots,
public parkSand reservations. that the
Aorth Park, hi said CITY, IA bounded
II the north by Sequoyah avenue,
id Oh the east by Scraper street. on
y q north by Iahlequah avenue, and
hthe west b,eSmith street. as IL ap-
tars upon The map or plat Of the sur
.ey ia pursuance Of an Act Of Tie
4ler0kee Council. That the United
s8ates government has plated said
twn, and also BY It's survey and map
|ts recognized said North Park. and
pat by th' provisions of the treaty
bSsed by Congress June 80. 1902. and
4terwards adopted by the Cherokee
sation. said park 50 plated was duly
ppraised to the City of Ninita by the
Hpwnsite Commission asa public park
hd such appraisement duly approved
II the Secretary Of the Interior; and
fat said park has been. and now Is
8ld by the City as such.
Rfhat the ciiy OF Ninita has con.
lact for the building and construc-
Dn Of system ol waterworks and
s sWers IN said city 70 their co-dcfend-
rs tho Allan Black Company. That
s the conditions Of this contract,
nong other things It is specified
pt the said Allan Black Company
Nil construct upon a site, to be des-
Dated bY the city Of Ninila IN set .
plans and specifications 10 he fur
<hed the Allan Black Company by
= said city OF Ninita. a brick smoke
ack seyenty-nine feet high a brick I
fyer house thirty-six feet eight inch
~ tifty-six feet eleven inches a
AeFyoir one hundred and eight feet
bare and twelve feet deep, an ele-
|Ied tank one hundred feet high,
Bding ninety thousand gallons of
81 Ter, and other buildings necessary
be used In connection with said
81. That the city Of Ninita has
g gnated for the location Of such
#dings and plants aforesaid, the
Nthwest corner Of park twenty
slil, as shown in the Government I
a Of the city Of Ninita, namely
81 North park hereinafter referred
said buildings and plant to be lo- S
Ied on tie corner Of said park twen-
We fees from Smith street and
tnty-1iye feet from seqnoyah ave- {
and that said defendants are now
spaling 70 belin work on said cor d
y Of said public park preparatory {
frecting the said Buildings and es- {
9 ishing said plants aforesaid there a
md have openly announced their I
|fntions so TO do, and they safe
81 they intend to begin the hauling t
paterial upon said designated sire Z
pnce. c
Fiat plaintiff, Oliver Bagby. is a (
ident and Taxpayer Of city Of vi ?
4, and that his residence is located y
the opposite corner. diagonally.
Qss the street southwest from the a