Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-04-20
MUNICIPAL LIGHTING MIDDLE
Motion to Modify Injunction Ar
gued on Saturday.
Eighty Taxpayers sign Petition Ask
ing for Thorough Investigation of
the Plant, It's Management and
Present Condition.

There was no business transacted on the
law side of Chittenden county court
On Saturday, but presiding Judge Fred
NJ. Butler, sitting as chancellor, heard
arguments on a motion In the controversy
n the city over the light and power stu
alton. The title of the case Is the Bur
ungton Gas Light company and the
Burlington Light & Power company Ns.
'he city OF Burlington. In this cause the
Light e Power company purports to ap-
pear for Itself land all tax payers of the
city of Burlington" The bill OF com
plant" so called. sets UP a history Of
municipal lighting in Burlington, the
passing OF an enabling act by the Leg
stature of 1902 authorizing the city TO
construct and maintain an electric light
plant, the action by the city hereunder.
the bonding of the city and creation of a
municipal Indebtedness therefor. Fur
Their. the bill sets up that the city was
doing such business at n loss. which loss
has to be made up by taxation; further,
that IT was now sought to involve the
city In still further Indebtedness by the
purchase of apparatus to enable the city
plant to meet the demands upon It. The
bill asked for an injunction restraining
the city officials from expanding any fur
ther sums of money. or contracting any
further debts until the truth Of the stu
alton Is tahllshed. An injunction was
Issued by Chancellor Waterman restrain
Ing the city and it's officials from pur-
CHASING, leasing. or acquiring machinery.
apparatus or appliances for its electric
nghtlng system. except such as might
he necessary in making repairs to the
present plant or keeping It to It's pres
nnt capacity.
The present hearing was on motion by
the city asking the chancellor to modify
this injunction so as to enable the city
H. carry into effect a resolution passed
by the board Of aldermen and approved
by the mayor on the 18th day of January
last This resolution authorize the light
commissioners to advertise for sealed bids
for a steam turbine generator" not to
exceed In price the sum of $4,000.
The motion above referred to. asking
for modification of the injunction. pro-
ceeded upon the grounds, as alleged. that
repairs to the plant must ne made in the
immediate future to enable the city to
safely and properly operate its plant to
furnish light and power, and that the
most expedient, practicable and enconom-
ical way was to carry out the provisions
of the above resolution; further. because
such a modification of the injunction
would not interfere with the apparent
main object of the orators bin of COM
plant.
At the outset of the hearing, Judge
Charles II. Darling announced that w. B..
C. Stickney appeared with the other So
l.citors for the orator, Darling G. Mower.
and Mr. Stickney sat at the table with
the other gentlemen named. Then II. 3.
Shaw asked leave to appear for so
taxpayers Of the city, who desired to come
IN as parties orator, and presented the fol-
lowing document:
To the Honorable Court of Chancery
Within and for the County of Chittcn-
den.
Whereas. the Burlington Light & Power
company and the Burlington Gas Light
company have brought a bill in chan
Gerry against the city of Burlington for
the purpose OF determining the taxpay-
ers rights with respect to the city's
electric light plant. and
Whereas. said municipal light plant has
been a subject of agitation for year.
and all manner of claims and controver
sizes have arisen with respect thereto
now
Therefore, the undersigned citizens and