The Corvallis times. (Corvallis, Or.) 1888-1909, 1906-04-20
Corvallis Times
CORVALLIS, OREGON,
FRIDAY EVENING APRIL 20, 1906.
THE INJUNCTION.

In Tuesdays TIMES the health
committee of the city council called
upon the people of Corvallis to
drink boiled water and to clean up
their premises in the effort to keep
off, if possible, TYPHOID fever
scourge, such as befell Eugene. In !
another column of the same paper,
appeared the information that DR..
Farra and J. E. Henkle have
brought legal proceedings to delay
construction and operation of the
mountain water system. That it
is delay, and not simplejustice that
is sought in the injunction suits. is
evidenced by the fact that both the
litigants have full remedy for any
injury they may sustain in ssit in
the courts for damages. If DR..
Farra's mill on Greasy suffers loss
of water power by reason of the
effort of the people of Corvallis
to bring to their homes, to their
children and to the college stud
ents gathered here from all over
!. Oregon, full compensation for that
loss is available to the owner in
such damages as court of justice
after hearing proofas to the amount
of that loss, would give him. Ex-
actly the same is true of Henkle's
sawmill. and there is no power on
earth to prevent Mr.. Henkle from
getting full redress in the courts
through a suit for damages, if, as
he claims the new water system
will take away part of the water
power used at his mill. DR.. Far
ra and Mr.. Henkle scould go into
court, take their witnesses to prove
the extent to which they are act.
ually damaged and jury of theil
neighbors and fellow citizens would
be very sure to give them the
damages to which they are entitled
That there is entire protection
and complete safety for the rights
of both of these mill owners il
such a course, their attorney
know. The fact that. instead o
seeking through the law compen
sation for such loss as they ma,
sustain. they resort to injunctions
makes it perfectly clear that it i
not justice, but delay that is de
sired. The inJunctions are no nee
essary step nor part Of a plan TO
getting remuneration for any los
sustained by either plaintiff. I
is an equity proceeding while
damage suit would be an action a
law. The Injunction is a technic
al means of preventing the city fo
an indefuite period from using tn
water of Rock Creek for domesti
and other purposes in Corvallis
Instead of helping both sides t.
find what loss either mill owne
will sustain, it is a means to della,
the ascertaining of that loss and c
what the mill owners should b.
paid as a result of it. It is a ste
taken solely and only to obstruc
completion and operation of th
new water system. system il
which, under the peculiar circum
stances of the present, in whic.
people are being called upon t
drink. only boiled water, Corval
lisites are deeply and most earnest
ly concerned.
These injunctions are the char
acter of proceeding that tends t
bring courts and lawyers into dis
repute. Three thousand peopl
are waiting for a pure water SUP
ply. They are spending an i'm
mense sum of money to procure il
Their present source Of supply
the sewer for Eugene where a ty
phoid epidemic has fourished, an
into which there must be cor
slant flow Of countless myriads c
typhoid germs. Eugene's ow
epidemic was consequent from
faulty water system filled wit
dead ends.' 'Dead ends' a,
declared to bethe spawning ground
of typhoid microbes, and those
the Corvallis system have pumpe
s.&o xi1x~, i 49, z~lz.