The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-02-20
FAST SPECIAL TRAIN
RUNS INTO AN ENGINE
ORDER EN- RGED
By CIRCLJ COUR e
In the Water Case Of the
County Court against
the City.

" " W
In the circuit court Tuesday rs-
straining order in the case Of the
county court against the city was
enlarged until March % IN order to
give the litieants opportunity to pre-
pare and submit their evidence. The
court delivered an opinion as follows
In the case:
County Court Of Harrison County,
vs.
City Of clarksbufg and others.
ON the first day Of August, 1903.
an agreement was entered into be-
tween the county court of Harrison
county aad the city OF clarksburg,
the tertns Of which briefly stated are
that the city asFeed to furnish to
the county free Of cost water sur
lelent to supply the court house and
jail and residence. The county
court was to furnish the city free of
cost the basement of the jail as u
city prison or town lookup. The
piaintlff IA It's bill AYERS strict COM
plianee on Its part with all the pro-
visions OF the contract to the extent
required thereby 1t charges that
the defendants have recently violated
the contract By refusing to permit it
to use water for the purposes speci-
ned and that the defendants severed
the source OF supply from the public
buildings which we're to be served
With water under the terms of the
agreement. In their joint answer
the several defendants, while adj
mitting the agreement. deny compile
ance by the plafntih with the con-
tract. They say the city has not
had the use and enjoyment of the
basement Of the jail as a city prison
orltown loek-up from the date OF the
contract. hasenot. at4eny time had
such use and does not now have such
s use, and that therefore the city fas
never been and is not now under any
legal obligation TO observe the pro-
visions Of the contract by supplying
the plaintiff with water free Of
cost. They do not by their answer
refuse but expressly admit
their willingness TO furnish
water. TO the plaintiff for
its use upon such rates or charges
as may be deemed fair and reason-
able. This the defendants would
OF course be required to do upon the
application of the pIaintiff in the
absence of any express contract 1t
is also true that under the statate
the city has the legal right to the
use Of the county jail as place Of
confinement and detention of city
prisoners, subject to such reasonable
rules, regulations and charges as
may be lawfully imposed by the
proper authority. These reciprocal
duties and obligations existed and
therefore were known by the parties
when they entered into the contract
out of which this controversy arose,
and 1t must be presumed that they
did not contract solely in relation to
privileges to which each was legally
entitled. In fact, the terms of the
contract when reasonably construed
clearly indicate that the parties
meant moro than their rights
and privileges under the general
law. at it's date the city had a pris-
on under its separate control not in
any wise connected 9Th the county
mil. This it was required to vacate
and abandon upon notice by the
owner of the building in which the
nrlson was located The contract
between the city and county court
had for its object, as may readily be
inferred from it's terms, the secur-
ING OF a place of Imprisonment fol-
its prisoners to which the city should
have access without let OF
bindrance. at such time and on such
occasions as its convenience NIGH
demand and without additional ex
pense for admission and discharge
subject of course to that provision
recurring il under the direction o
the iailer to keep the basement in
sanitary condition. The contract it
self speaks these terms. 1t say
the party OF the first part tthe coun
~ COURT agrees to furnish thu
party Of the second part 1.-THE city
for a city prison and what is com
monty known as town lookup
the basement rooms of the jail be
longing to the county Of Harrison
in which said city of clarksburl
shall, during the continuance o
this agreement, have the right =
keep prisoners arrested or seatence'
Continued on page two.)