The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-12-08
INJUNCTION
ASKED FOR
By Citizens Of Butler Against
Waight 8 LeVerlng
As A Result Of Contract For.
Furnishing Gas
A Temporary Restraining
Order Has Been Allowed
Commissioners Let Two Con-
tracts On Monday
Other Notes Of Interest From
The Court House
(MansfeId News)

d. Barr, solicitor, has begun an in
junction suit in common pleas court
against waight g. lowering.
The plaintiff Is municipal cor
poration organized Under the laws of
Ohio and l.. d. Barr is the duly ap-
pointed and employed solicitor of the
village of Bellville and brings the ac-
ton as such solicitor.
The defendant is a partnership do
ing business under the firm name OF
Waight and Levering. with an office
and place of business at Bellvilie.
1t is alleged that on June %, 1905.
the mayor, village council and corpor-
alton clerk of Bellviile legally passed
ian ordinance authorizing the Butler
Oil & Gas company 70 occupy and use
the streets and alleys ,of the village
for the purpose of1iaying therein their
gas pipes to convey gas TO- the pur-
chasers. That the terms upon which
the Butler Oil q Gas company were
authorized by the ordinance TO lay
pipe in the streets ana alleys were
that they, the Butter Oh g. Gas com
pany should furnish natural gas Ia
the consumers In the vaiage at q rate
not to exceed 20 cents per one thous
and cubic feet gross.
1t is alleged that on Jane 22. 1905
the Butler OH & Gas company accept
ed in writing the terms of the Ordin
ance and the same was filed with the
corporation clerk
The company proceeded to lay III
pipes in the streets and alleys of the
village and thereafter the exact dat,
OF which Is unknoyn to the pIaintin
but prior to Jan. 1. Sf9l0. the Butle
Oil & Gas company 5transferred to thu
defendants, Waight & Levering, all III
right, title and inlepeat In and TO thu
natural gas pipes. regulators. valves
and other appliances used TO coDve!
gas to It's consumers In the village o
.Bellyille and the defendants have con
tinued to occupy the street and alley
from that date to the present
On Oct. /, 1911. the defendants not
fed It's customers and consumers o
gas in the village OF Beliville tina
they were unwilling to furnish gas Il
the consumers after Nov. |. 1911, a
tho rate of 20 cents per thousand cil
bic feet az provided In the 0rdinanc
and that after the date mentiOne,
they would charge and collect from
consumers 25 cents per cubic foo
with discount OF 3 cents for cash
The defendants notified It's consum
ers that unless they pay this rate ol
or before the 10th of the rate on o
before the 10th Of the following monti
the gas will he shut or,
On Dec. 1, 1911. the defendan
charged all of It's consumers of ga
at the rate OF 70 cents per thousan'
subject to discolnt of cents.
large number OF consumers of gaI
In Bellyille on bee. 2. 1911, tendere'
10 the defendant at Its Office In He'll
Vile payment for the amount OF ga
consumed In the month Of November
1911, at the rate of 20 cents per thous
and feet as provided In the ordinance
The defendant refused to accept tn,
amount rendered and demanded q
cents per thousand cubic feet AM
threaten to and will unless restrained
turn of the gas and deprive all Gus
toners of the use OF the gas.
The plaintiff says that the acts o
The defendant In charging and col
aecting from its consumers at n rat
In excess Of 20 cents per thousan'
feet IL in violation of the terms o
the ordinance.
Wherefore the plaintin prays that
Temporary restraining order issue an
Joining the defendant from charging
sand collecting from It's consumers II
the village of Butler rate ia exces
OF 20ccents per thousand cubic fee
and also that the defendant be en-
Joined from turning OF the gas frou
consumers who are ready and willin
to lpayaas Il continues TO exercise II