Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-04-07
ARGUED THE INJUNCTION
But Judge Faulkner Withheld
Decision Until Next Monday
LAWYERS TALKED FIVE HOURS
Statements to Court Completed
Shortly Before A p. m. nModay
Amended Complaint Filed.

began before Judge Faulkner at II
O'Clock Monday attracted good
sized crowd Of inte ested spectators to
the Circuit court room, were tie
court was in session, bat the argu
ments proved to be so long drawn-out
that the majority of the SPECTATORS
left before the case was concluded.
1t was intended to begin proceedings
before Judge Faulkner in his private
office at 10 O'Clock, but the attorneys
for the plaintiffs came before the
Judge at that time and asked that the
case be held over until they could add
something more TO the complaint in
the shape of an amended bill, and an
hour was consumed in completing this
Diet Ill. This amendment to the COM
plant cited the allegation that the
CITY had already disposed Of its right
40 the water in controversy to Alex.
ander Parks when the new water
works were constructed. A copy OF
che agreement under which the trans
fer was made was also made part Of
she amended bill. This agreement was
that the council had agreed to turn
into the Tuscarora the water formerly
.ased rs a source OF supply for the city
in compensation to Mr.. Parks for the
water taken away at the Kilmer
springs, and mentioned that this
water to be turned into the creek was
shout 750,000 gallons per gay, about
the amount then being used by the
CITY.
ATTORNEYS Snyder and Mart who
appeared for the compliments, con-
tended that the city had no right to
sell this water, first. for the reason
that it required an act of the leQisla-
ture to sell ANYTHING belonging to
municipality that was used for public
purposes. and second, that the city
had already sold the right 10 Mr..
Parks.
Another argument advanced was
that the stream was necessary TO carry
off the sewage from the southwestern
portion OF the city, aud that without
@uis stream this sewage would remain
at the mouth of tue drain that had al.
Aeaiy brought it to tbs Tuscarora,
and become a nuisance and source
at danger to the health Of the city.
Many law books were brought
into court, from which the ATTORNEYS
cited numerous cases to sustain each
point brought forth.
The attorneys for the council were
j. NJ Woods and John o. Lemen. and
they did not conclude their arguments
aunfii nearly O'Clock this afternoon,
Mr.. Lemen made brief statement of
the councils side OF the case, and the
matter was entered into at greater
length bv Mr. Woods The latter in
the first five minutes of his speech,
cleared away lot of the cobwebs and
tangles into which the case al be-
come enmeshed by the introduction
of great deal Of foreign matter, and
splaoed it fairly and squarely before
the court on its merits. He declared
that the proposition submitted 10 tho
council by the Standard people was
,one that insolved only the sale of the
hyperion rights ot the city to a stream
shat no one would ever think of using
&c 2 source of water supply, and cali.
I'D attention to the fact that if a fur
ther supply should ever be needed it
couid be secured from other springs
in the neighborhood Of the Kilmer
springs, with the additional right of
the city to cross the Bakers land to
the Big spring if that water was need
ed, right that the city did not now
snjoy.
He also directed attention to the
TACT that the majority of the council
men had visited the spot and decided
hat the water was of no u,e for sew-
srage purposes, and stated that he be-
ieved the council could be trusted to
aandle the proposition for the best
interests of the city. AS to the rights
If Mr.. Parks, he stated that the city
vas not selling Mr.. Parks rights, or
he rights of any one else, and that
~she Standard people expected to take
10 each case as it developed.
He concluded by stating that he be-
ieTed the court had no jurisdiction
6he matter, and could not control
iscretionsry action of the council
naess that body was trying to do
,methinR that transcribed its powers.
Judge Faulkner then called spec
Il term of court for next Monday
hay hiss Haais inn " III he
anded down.