Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-04-28
IJUUHJIL WIN0 IHL 0UII
Judge Faulkner Dissolyes The
Temporary Injunction.
HAS A RIGHT 10 SELL
Court Believes Water From Big
Spring valueless For Drinking Pur-

SOurL believes water from hlk
Spring valueless For Drinking Pur-
poses and No Use For Sewerage.
In the Circuit court this mornins
Judge Faulkner handed down his de
cision in the injunction suit instituted
against the city council a few weeks
ago restraining the council from
%disposing of the city's riparian rights
in the water from the Snodgrasl
spring, and in n clear and forcibls
opinion the court dissolved the in.
junction and laid down the PROPOSE
ton that the council clearly has the
Ipower to dispose Of it's rights in the
water, on the broad legal ground thai
a corporation may sell any abandoned
property it holds.
Incidentally the court also brought
the merits of the case within the scope
of its opinion, stating that the watel
in dispute is of no practical value fol-
sewerage purposes, and declaring thai
it cannot again be used as an auxii'
larry source of water supply for tn,
reason that the city disposed Of GER
tain rights to Mr.. Parks, and that
his agreement would prevent the
water again being used by the city.
Judge Faulkner, in his decision,
cleared away a great many of the col
lateral issues injected into the case,
and which have caused some confusion
and misunderstanding, aud put tn,
matter entirely upon its merits anl
legal footing.
In summing up the judge declared
that the city council would be acting
clearly within it's legal rights IN sell
ing any abandoned property belonging
to the city, even though a trust hat
once been imposed upon such proper
ty that il was admitted in the bill
OF complaint that the water in ques
tion had been abandoned as a sourc'
of supply, and had been turned int,
the Tuscarora for the benefit of Mr.
Parks that there was grave doubt ii
the mind of the court shat the cit,
could sell property in use, but tina
the abandonment of such property 10
public PURPOSES created a condition
under which the city could dispose O
it. This disposed OF the legal aspec
of the matter.
As to the merits of the case. tn
court held that the water in question
was OF practically no value for sew
erage purposes. for the reason that /
did not aid in bringing the sewerag
down the drain rnat runs past Jb
Crawford mills and under the SoutI
Queen street bridge, ant does no
come into contact with the waite
from that drain until the latter /
aDont $50 feet from the Tuscarora
The court thought there were severe
other small creams which airs not al
}recsed by this present matter. but o
far greater value for sewerage pur
poses than the water in dispute. Il
this phase of the question the cour
upheld the contention that the turning
off of this water could not possibl.
effect the John street draiu. anu a
the judge is personally acquainte,
with the ground at the ola waite
wo.ks, his opinion should set at res
aEy doubt On this phase OF the dis
pnte.
In touching up II the rights OF Mi
Parks, the court stated that that gen
tlemen would not e made a party t
the injunction PROCEEDINGS, and thi
Icleared away everything in questio
and the court there upon dismisse
the suit.
Il The attorneys for the plaintiff
Stated that they could not now sa
what action they would take, an
would decide that matter after a cor
sultation wild their c~lieLts TIL
memneTs of Tie council are natural
g greatly pleased that the court shoul
de4ide IN support of their vleWi
while those opposed 10 the sale of til
lwater right to the Bakers nave lit
lin SAY