The Idaho Springs siftings-news., 1907-09-21
Temporary Injunction Granted.

Masonic Temble association; the Clear
Creek County Printing and Publishing
company, l. d. Ellis. Frank Z. Noxon
and DR.. John Atchesou against the
the Seaton Mountain Electric Light,
Heat and Power company, to restrain
the latter company from shutting of its
steam heating service from the plain.
tiffs, was up before Judge Ashbaugh al
Central City yesterday morning
Messers Bulls & Collom appeared for
the plaintiffs and Attorney E. NJ. Satin
represented the Seaton Mountain com
pauy.
The court heard testimony and contin-
I'd ir night session until II o'clock
His honor stated that the rule which the
Seaton Mountain company seeks to in
woke and was incorporated in the notices
sent out was reasonable and just under
the circumstance, but owing to the fact
that the Seaton Mountain compan, is
quasi-public corporation, he was not en-
tirely satisfied as to whether the usual
rules respecting such corporations ap.
n
rary injunction would not be a serious
injury TO the defendant company, and
that as the December term of the dis.
trict court was not far away, and he
would insist upon speedy hearing of
the cause at that term, the temporary in.
junction would be granted.
The plaintiffs were required to fur.
nish bond in the sum of $1,000 to
idemnify the defentent from any dam.
ages. The court further stated that
the question of the United Hydro Elec.
trio company being back of the fight in
the support and maintenance of the
suit, was very serious matter effecting
the right of the plaintiffs.
Following is the substance of the answer
to the complaint:
The answer admits the first fifteen al.
legations set forth in the complaint; de
nying that the radiators or steam pipe
in the buildings will be a total, or any
loss to the plaintiffs, denies that the
plaintiffs were using the light of the
Anited Hydro Electric company at the
Vne the steam heat was installed
that TIE heat Is furnished from month
to month; denies that the defendant
has requested any of the plaintiffs to cease
taking light from the United Hydro
Electric company; denies that the rules
and regulations sought to be established
are unreasonable or unjust, but are in
accordance with equity and good con.
science and necessary to the proper and
economical management of affairs of sa id
defendant, and are such as imposed on
all consumers of heat, and denies that
the plaintiffs are without adequate
remedy at law.
For a further and separate answe
the defendant alleges that it has com
piled with all the rules and demands
imposed by the City Council or ordi-
nances of Idaho Springs that all con
tracts have terminated, with the ex
ception of the A. F.. & A. NJ. lodge.
which expires on November 1, and that
no contracts or agreements now exist,
but that defend ants are ready aud will
AuS " oAhiSA P'tlAliaS SlCdIil
heat under reasonable terms and con
ditions and the same rules and regula-
tions, without discrimination, or I'M
partially, that it is now furnishing its
customers and patrons; that to furnish
said heat separate and distinct from,
light would be uu profitable and work an
Mjust and unreasonable hardship from
{nt defendant.
The answer states that the principal
product of said defendant is electric
light, and in the manufacture of said
light and in generating power and
electric light, and in the manufac C.
ture of said light and in generating pow
er and electricity during certain por,
tions of the year, steam is employed, the
exhaust steam being used IN supplying
said heat and that the same is limited
ed. that the plaintiffs can be furnished
light at the same prices and of equal
quality and service, and that the plain.
tiffs BY taking said light of equal ex.
cellence will not in any way be damaged
or injured; that the defendant stands
ready and willing to furnish said plain
tiffs service from its said plant; that the
radiators now installed in the house and
places OF business in connection with
any other plant.
For further and separate answer it is
alleged that the suit is not prosecuted by
the plaintiffs in good faith; but that each
has entered into an agreement with the
United Hydro Electric company, a
competitor Of the defendant whereby said
company has agreed to pay all expenses
incurred by plaintiffs in prosecution Of