Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1913-10-09
Suit Before Judge Sanford viii Not
Delay Completion Of Dam or
Turning on Of Current-pre'
caution of Attorneys. to
Insure Clients Against
Damage by Over
flow of Lands.

~
cuit court of the United States tnat
the Chattanooga and Tennessee River
Power company be restrained from
completing the lock and dam at Hale,s
bar until such time as it files with
the court an acknowledgement OF its
liability to compliments for all dam
agrs that NAV be suffered on account
of water overfowing from the dam.
Within thirty days, according to
,Judge Sanford's order, the power COM
pany must file bond to the amount
of $3.50, 600 with the clerk of the fed
eral court of this district, the forfeit
ure Of which is conditioned upon the
payment to complainants or such dam
ages as may be determined by negotia-
tion or arbitration.
The closing Of the water gates at the
lock and dam at Hale's bar, will cause
the inundation of approximately two
thousand acres of land along the Ten
nessee river below Chattanooga, loss of
which to the owners has not yet been
satisfied by the power company Thru
the firm of Brown. Spurlock & Brown,
attorneys, property owners interested
in at least fifteen hundred acres OF the
land, to become the bottom of the lake
above the dam, fled an application IN
federal court last week, with the re-
suit that the following preliminary
injunction was granted:
''Faunie Kate Pryor, ct al, VS., Chat-
tanooga and Tennessee River Power
Company% The application of COM
claimants for an injunction was heard
this day and the court being OF the on
inion that complainants are entitled
TO the Injunction prayed for in the or
iginal bill, unless the conditions here
matter stated are complied with;
II is therefore ordered and decreed
nv the court at preliminary injuact-
tion issue restraining the defendant
from completing the lock and dam de-
scribed IN the pleadings beyond
noint which will permanently ovefow
tho usual injunction boad with ap-
nroyed security in the penalty OF
So, 900.
II is further ordered by the court
that said injunction shall not issue
,,rov;ded the defendant will file in this
court a written stipulation signed by
4 Ana acknow lodging in the first in
stance tbut without prejudice to its
riohts to insist as between it and the
united states that the United States Is
the proper party liable for such dam
apes) its liability to the complainants
for all damages that may be suffered
by them on account of the overflow
esnsed by the building, maintaining
and operation of the lock and dam de-
scribed in the pleadings in this cause;
81 provided, further, that said defend
ant shall within thirty days from the
entry of this order execute and ME
With the clerk of this court a bono
w;tb good security. to be approved by
.he sa;d clerk, in the penalty OF $25o'
mo conditioned to pay complainants
aid damages as the same shall be hx-
"a and determined by negotiation, ar
hitration or judgement of any court OF
competent jurisdiction, If suit snaii oe
hronoht by defendant or the onitto
states government IN eon2fmna''"u
nroreedings, or by compiaihants to r.
i.a,av sncb damage. as they .Gay DC en-
+itle1 10 under tee law