The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-18
Otoc pDrs nv Aucr Pre- Y Y
RALPH TOMBSTONE GETTING READY FOR A Il iGHT

after which period 1t may shur of ~"
not made.
III. threat 10 shut ~ tn" sugar trus.' =
water n payment was not mad" IN fifteen
lay, was made on March u 1905 hv
Water Commits. Toner D'Bri-n IN" cry
wanted 1875 AN for unni-t.rrd water used
from July ~ is,7. 20 lulv ~ 1885 Ihr-
interval of time was specified h.cau~"
N" - a'u'- 81 limitations prevented ~"
CIV from recovering for wa'"r stolen
u.io-.. that
Referee Bri-n gives IL a. his opinion
tina, h. amount ~ water which the sugar
trust Is accused ri having stolen i greater
than the facts lad before. HIM show II
was charged that for ~iN year 'h,. rorl-
PAM s'ol" -,n u"D gallons dav Mr.
- Rr,-n sav- 'haf H. believes thai Iuo ,'n
gallons a iay ~ nearer the mark H.
SAYS that h. has no power 20 max" fhe
i!srlrssa ~ rh.4 sugar company com
plain' conditional upon N" reduc' ION Of
h. "rtvs demand. aud h. simply finds
'ha' The Cou1lia'nr should h- dismiss,'.!
with costs
Yesterday hat when tho twenty DAYS
graz" ~er" NJ h" would attempt to collect.
Before go'ng 80 'h- length ~ cutting on
tn. water. however he intended - GO
oyer The hgur"- showing the amount ~
WAGER II ol"n 20 cnnvinC" himself wh-'h her
or not Mr. - Bri.n's opinion thai IN.
amuIrt charged was excessive il rlgh'
The Investigation which ed to -he
Charg" asans- IN" sugar trust was begun
IN -h- Summer II 1909 when Robert Van
ld.r~tin-. then a Deputy Water Commits
-ion.r wa orri.rsd by Water Co:urli--
sion-r NonrO" 20 make survey - ~"
man ifaCr'irlng Districts { Frpoklvn .
find out where "a la-g. vnlIIn. II wafer
for which III" city WASN'T getting pad
was going TO. The On gne-rs who wurk"d
under Mr. Van ider-tin"'- dir"r'r ION ,l-s-i
a pi'om"t"r 70 nea-ur. tho low through
certain mains 10 certain districts coin
pairing the arno'inr Registered with -ha,
reported and pad for II WASH long
befor" Il seemed certain that th"r" wiL4 a
big Leak Of some kind ~ The. American
Sugar Refining Cpmpiny'- plant I'M.
- reefs about the plant wer. 'r"nch.i
the pipe lines leading from the mains to
the plant wer. examined and tn. result
was the uncovrrlng Of "A complicated
system Of by-pa-s"s leading into the re-
'tnery by which water could he pip..d INTO
the plant without passing through tn"
meters The referee. SAYS
! conclude that t." defendant LHs .rs-
iaineI IN" burden resting upon ~ 81 ,.>ttli-
fishing not merely an lnlGfhu-II"! -,
so unlawful -" %! water. hu' a Tragi.."a'
taking Of water I am uDf convinced
however. thar III" Defendant Ia -I'r--
faci"riIy established ~" amount "f water
80 taken Hut | have No power 10 make
ih" dismissal 81 ~" complaint ,urII'Ipul.
upon ~" reduction 81 M" defendants IL.
manb IN ~ r.ilv established that 'u.
plaintiff did tai" water both uuluwf.I.v
and irapduienily and that j. ~" determine.
ton of this cas-.
III" plaintiff asks tho court ~ prevent
III" "iiy from enforcing payment hy cutting
81 IN" water supply IL ~ we'll settled
That one who comes into a court 81 "unlIty
'o ask relief must do with clean han lis
or Otherwise hs uill b" denied relief 4.
II has been shown that the plaintifT does
not meet that condition ~ cannot be given
relief merely because the amount demanded
h IN excess of that property due