The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-22
JUDGE SCOTT ISSUES
RESTRAINING ORDER.
Property Owners Instructed Not to Harass CITY
Pending Adjustment of Virginia Avenue
Sewer Queston-Try Chaffin Case on
Its Merits

ON application OF Mayor d. c. Rich
ardson aud City Attorney H. Il. Pol
lard. Judge II. Carter Scott, in tho
Henrico Circuit Court yesterday, grant
ed temporary injunction restraining
Mrs. Sarah II. Chaffin and the River
view Improvement Company from lur-
Their proceeding by numerous litigation
to harass and delay tho city of Rich
inond In constructing the Virginia Ave-
nue. sewer. Judge Scott also ordered
that tho suit of Chanin and others
against the city of Richmond should be
tried on Its merits on Tuesday next,
and ruled that it was time enough after
The determination OF that case for the
city to institute condemnation pro-
ceedinys should 1t then be held that
Virginia Avenue is not a public street.
Instituted Four Proceedings.
Mr.. Pollard represented to the court
that no less than four separate pro
ccedings had been Introduced in an Of
fort to hamper the city In making n
great public Improvement: the orig
innl being that OF Chafiin and the
liivcrview Improvement Company
against the city, n chanccry proceeding
TO enioin the city. in which an appi-
cation for an injunction was refused.
both by the Henrico Circuit Court and
the supreme Court of Virginia, and the
case ordered to be tried on Its merits
Later the parties petitioned the board
of supervisors of tho county asking
| that 1t rescind It's action OF juno Z. al
| lowing the city to construct the sewer;
then appealed to the court from tho
action Of the supervisors In ret..nr 10
rescind; and lastly, the compliments
| have instituted an action Of unlawful
detafner against the city of Richmond
and It's contractors, Stamper, Ragland
CO. holding that they are occupying
private property.
MT. Pollard cites various authorities
10 SHOW that 1t Is an accepted principle
In law that wherever. after n bill is
fled In equity, the party institutes n
SUIT at law for the same matter. 81 is,
trested as in contempt of the court.
tor the jurisdiction has already at
tacned In equity, and il Is held TO be
gross oppression to vex another with
a double suit for the same cause ot
action.
deposition of Health officer.
City Attorney Pollard filed with his
OH m chanccry deposition sworn 10
by chief Health Officer Z. c. Levy, In
which he asserts that he has heen
chief health officer of Richmond since
July. 1906; that he has been exclusively
engaged In the solution of sanitary uues-
tons since 1897, having had employment
as sanitarian in the States of Maine
massachusetts and New York, and thai
since becoming chief health officer OF
Richmond he has made a special study
OF the typhoid situation and the means
by which Its spread can be curtailed
He states that he is familiar with the
drainage and topography of the section
Ut issue and has gone over the maps
and made personal inspection, and finds
that the whole territory so incloscd
Is without sewerage and largely do
pendent on wells and springs for water
supply. He speaks of one point near
the intersection OF Winder and Wash
ington Streets. where the residents arc
dependent for their water supply upon
spring. which Is located near n
branch. which receives the surface
drainage of large and closely built
section of the city. After heavy rains
this branch is practically an open
sewer overfiowing the spring.
Danger of Epidemic.
Or. Levy depoaes that In the fall OF
typhoid fever in the entire city were
located within few blocks around
this spring and in houses IN which it
was the sole source of water supply.
lie quotes reports OF medical inspec-
lions made by DIR. Allen W. Freeman.
as proving conclusivoly that the cond4-
lions were directly responsible for
these cases of typhoid fever. DIR. Levy
states that he is further un0unliiicdly
OF the opinion that thorc is no other
means of relieving the situation and
of guarding against rccurrent cpidcm-
les OF typhoid except by the install;-
ton OF necessary sewers and water
mains. which will permit tho permanent
closing of this spring. He states en-
phatically that as chief health officer
he regards the relief OF tho section to
be drained $ imperative, and that as u
result of present conditions he IS III.
conetint dread Of extensive outbreaks