The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1912-08-30
GAINESVILLE MILL
NOT Be GLOOMY
Judge Bullock Granted the Injunction
Restraining the Electric Light
Plant from Shutting Down

In the Eighth Judicial Circuit Court Of
the State of Florida, Alachua Coun-
ty. in Chanc1ry; City of Gainesville,
Municipal Corporation, against
Gainesville Gas, Electric and Power
Company, Corporation Under the
Laws of Florida.
This cause came on to be heard be-
fore the Judge of the fifth judicial cir
cult OF Florida. because of the dis
qualification of the Judge of the eighth
judicial circuit of Florida. upon bill and
a paper styled exceptions to bill" and
on demurrer to the bill and they have
been argued by Mr.. Robert f.. Davis
for the complainant and Mr.. Thomas
w. Fielding for the defendant
Just how to deal with the exceptions,
i am at a loss to know.
AS 1 construe the bill 1t is not in
tended to file the same for and on be-
half Of the city OF Gainesville and for
and on behalf of the persons and cor
porations therein mentioned, but, that
the reference to such persons and
corporations. as users of electricity.
was to show the public service charac-
ter Of the defendants business.
The exceptions are overruled and
denied.
The bill Is rot as full. complete and
specific as it might be, but it is not
wholly without equity.
The demurrer admits all the facts
aptly pleaded and all reasonable de-
ductions therefrom, among others that
the defendant was incorporated Jan.
81, 1905, with the power to engage in
the manufacture, generating and sell
ing electric current for lighting and
power purposes and such business to
he conducted in the city of Gainesville,
Florida, for a period of 80 years. and
by and with the permission of the
city OF Gainesville, the defendants
thereafter erected and constructed
within the corporate limits Of the said
city its plant. erected its poles, strung
its wire in the streets and did engage
in the business Of furnishing electric
fluid for lighting the streets and var
ious commercial purposes and had pro-
duced and furnished it's current to it's
inhabitants, who paid therefor and
who complied with the rules and regu-
Iations Of the defendant, and that the
defendant holds valuable easements
from the city in the permission grant
ed to 1t and in the use Of it's streets
1t seems to me that some reason
should be given for arbitrarily discon-
tinuing this public service business, to
this municipality, and to it's inhabi-
tants, placing the city in practical
darkness, impairing the effective en-
forcement of police regulations in the
protection of the lives and property of
the citizens and impeding all business
operated by electric power The reply
to this is that the bill does not offer
to do equity. True. the bill is not as
full and explicit as it might be, but
certainly not wholly wanting in equity
1t is considered and ordered that the
demurrer be and the same is overrul-
ed.
1t is considered and ordered that the
motion for a temporary injunction be
sustained. Further ordered that on
the complainant entering into bond in
the sum of one thousand dollars. pay
able to the defendant, to be approved
by the clerk of the circuit court for
Alachua county, conditioned to pay
the defendant all cost, damages and eX-
penses that 1t may sustain if tempor-
ary injunction is dissolved the bill
is dismissed and let a temporary
injunction issue, restraining the de-
fendant, its agents, employees, SER
wants from closing down or discon-
tinuing its public service business,
until the further order of this court
Done in chambers in Ocala. Fla
Aug. 29, 1912. w. S. Bullock,
Judge of the 5th Circuit. Acting for
Judge of the Sth Circuit.