Norwich bulletin., 1914-12-29

0IA OA ll1c bOIOQSus ana W AAlhIu h. Gechell. Prank A. Johnson. Elisha Burt, William H. Coffin. Charles P Fitch and George R. Hempstead. the burgesses of the borough, which is rel turnable before the court of common pleas for, New London county on the first Tuesday of February, 1915, Judge Charles B. Waller of the court of common pleas on December 23. 1914. granted the application of the plaintiff made through Brown and Perkins of this city. his attorneys, to grant a temporary injunction against the de. fendants, enjoining each of them, under penalty of five hundred dollars from appointing any person to fill the va- cancy created in the board of water commissioners of the borough by the adoption of the resolution passed an September 7th. 1914, and approved No. vember 23, 1914, until the return day of the writ, and until further order is made by the court.
 Deputy Sheriff George Stanton has served the writ and notice of in1unc- ton on all the defendants, and the matter will be heard when the court conyenes in February. In his com plaint the plaintiff alleges that he is an inhabitant and tax payer of the oorough owns a water supply, reservoir etc. and also an electric light plant. together with machinery, wires and equipment, and is supplying water and electric light and power from these plants to the residents of the borough. The water and electric systems are under the control and supervision of a board known as the board Of water commissioners, which board regulates the charges for the water, light and power supplied, and collects the same having exclusive power to run and operate the plants. This board created under special act of the General As sembly, approved June 22, 19e39, and amended May g, 1911, which provid- ed that the warden and burgesses of the borough should elect three persons who, together with the warden of the borough. the said warden having no vote except to dissolve a tie should be the board of water commissioners Prior to November 23, 1914, the warden of the borough, Hiram M. Horgon Henry B. Marquardt and Wales F Needham composed this board. On November 23, 1914, the voters of the borough approved resolution previ- ously passed by the warden and bur- ! gesses, abolishing this board of water commissioners and creating in it's place l a new board. consisting of four per sons, together with the warden, to b | elected. and further providing thr 1 at all meetings of the new board th warden should preside and have vote, and that the three commissions | in office should serve out their tern
 
 l tfon Of the resolution be filled by wardenn and burgesses This resol | ton was passed and approved und | the provisions of Chapter 154 of u Public Acts of Connecticut passed | the January session, 1913, and u i plaintiff claims that this act is UT | constitutional, in that it is a deleg2 | ton or legislative powers of the gene, al assembly to cities and boroughs
 Claims Vote of Electors Illegal. The complaint further alleges tn: the vote of the electors of u borough approving the amendment 1 the charter was illegal and unlaWfl in that for a large part of the time dui Ing the voting was held NO" ballo were concealed and withheld, and t. | xeS" ballots were forced upon u electors; that persons other than il election officials were allowed to ents and remain in the enclosure where [ 1 ballot boxes and stub boxes we | placed, for the purpose of interferil with the legal vote, and they did inte | Iere with the vote by offering "Ye. votes to the electors, and that the b, I tenders opened many of the ballots D fore depositing the same; that ther | were persons in and about the the vot ing place who attempted to ascertai, and did ascertain how the elector were voting, and also who offered t assist the electors in preparing thei I ballots, and furthermore on the fina I count Of the vote 1t was learned tha two more votes were cast than ther were names on the check list.
 The warden and burgesses are abou | to appoint some person to fill the va cancy on the new board of water com rnissioners, and to allow such an ap lpointment will cause irreparaDle los and damage to the plaintiff, unless tn warden and burgesSeS are restrained frs 7rr1IN1 1rSlfr SzE- and irreparable loss and damage to tn properties and to the plaintiff.
 The complaint is verified by tn plaintiff, and upon the obove aIlega lions the temporary injunction was al lowed The complaint is signed by Ed mund W. Perkins, commissioner Q the superior court for New Londoi county.
 Motion to Dissolve Injunction.
 Attorney John c. Geary in the cour of common pleas in New London ol l Monday afternoon made a motion fo 1 the dissolution of the temporary in junction.
 Attorney Gsary stated to the cour that he had a motion for the dissolu ton Of the temporary injunction. tn papers in which were not returnabl
 until the first Tuesday in February In the meantime he said that the in junction would become permanent and he asked for it's dissolution, an requested a hearing upon the matte as seon as possible.
 Judge Waller informed Attorne Geary that he would hear argument on the motion any time within tn next few days. He instructed Attor ney Geary to consult with attorney for c. BI. Shay and decide upon a dat, If no decision could be reached h
 would fix a date for the hearing. |
 Su1erp,1-I0AI pAnT1-