Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-04-14
Mr. PARKS TAKES A HAND.
Secures an Injunction Against the
Limestone People,
he WILL PROTECT HIS RIGHTS
But is willing to Deal With the
Baker Bros. Speculation About
the Other Injunction.

Another phase of the effort of the
Standard line & Stone Co. to buy
the privilege of diverting the water
from the Big spring came up this af-
ternoon, when an injunction against
the Baker Bros. was filed by Attorney
A. @. Nadenbousch on behalf of Mr..
Alex. Parks with Clerk Gerhardt in
the circuit court.
The injunction was issued at Keyser
BY Judge T. W. Reynolds, of the Six
teenth circuit, and brought to Mar
tinsburg for execution by Sheriff
Gardner, and the papers were placed
in the hands of that official this after
noon.
In his petition to the court Mr..
Parks recites the fact that he is the
owner of certain riparian rights in the
stream flowing from the Big spring !;
that there ia evidence that the Stand
ard Lime and Stone Co. is endeavor-
ing to divert said water, to the injury
OF his mill property at FlagR's cross
ing, two miles from Martinsbnrg. The
bond is $500.
10 conversation with The World
man after the papers had been fled,
Mr. Parks stated that his action had
no connection with that of the plain
tiffs in the former injunction. and
that be was acting independently of
anv one else He also stated that he
secured the injunction simply rs a
precautionary measure to protect his
rights as riparian owner, aud that
he would be willing to deal with the
Standard Lime and Stone Co. when
ever that company desired to do SO.
He stated that he had no definite I'M
derstandinR with the Baker Bros but
A
| that he was informed by their local
| attorneys that he would receive
proposition from the Standard people.
The new injunction will not in any
manner oomplicate the affair, as it Is
stated by the attorneys for the Stand.
ard people that the latter ali along
had expected to deal with Mr.. Parks
as soon as the negotiations had reached
that point.
! THE OTHER INJUNCTION.
A rumor has been in circulation for
several days that the plaintiffs in the
injunction suit before Judge Faulkner
will decline to file the bond of 81, 200
required by the court before the deci-
SIGN in the question is handed down
and while rumor is a rather unstable
quantity, it has been so persistent
that there are many who openly state
their belief that the bond will not be
filed. The World man interviewed
Attorney ID. w. Snyder, one of the
counsel for the plaintiffs, and asked
him concerning the report, and he re-
piled that nothing had been said to-
him by the plaintiffs either way. and
that he would probably be informed
II any action, or rather lack Of action.
was intended II was pointed out
that the court stated that the bond
was to be filed ION or before Satur-
day.. and this leaves two days in
which the plaintiffs can make up their
minds what to do
Several well-known attorneys have
advanced the opinion that unless the
plaintiffs file the required bend, the
attorneys fees and court costs. which
probably amount to more than 800
by this time. will fall upon the plain
tiffs. On this question Mr.. Snyder re-
fused to speak, leaving the newspaper
man to infer that this might be "A
matter OF argument before the court. |
and Strengthening somewhat the opin-
ion held by many that the bond would |
not be filed 1t is known that at
least some OF the plaintiffs are dissat-
isned with the action of the court in |
increasing the bond from $500. to 81,
200, while there is equal dissatisfac- |
ton on the part OF those who favor
the sale a the water right, miny of |
whom believe that the bond ought to,
at least. be equal to the probable loss
to the city in the event the deal falls |
through by reason of the ithdrawal
OF the offer from the stone company.
which would be 1000 in cash and
riRht-of-way to the Big spring
There saems to be misunderstand-