The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1915-10-02
'lNJUNCTIOM AGAINST I
LAKELAND PHOSPHATE
CO. IS DENIED BY
JUDGE WHITNEY

SVV6 uuS91 bv6A
Judge Whitney of the circuit court
in Arcadia has refused to grant an
injunction against the Lakeland
Phosphate Company to prevent that
company dumping alleged refuse
into the headwater of the Hillsbor-
ough river, according to word re-
ceived by Attorney John B. Sutton
who represents prominent citizens OF
Polk county. The title of the case
is Keene, ct al. vs.. the Lakeland
Phosphate Company, Mr.. Keene be-
ing the principal complainant for
the reason that he claims that his
cattle pasture north of Plant City
has been ruined.
The Lakeland Phosphate Com
pany's plant is located three and u
half miles southwest of Lakeland
near the divide between the head
waters of the Hillsborough and the
headwaters of the Alfalfa. The plant
which began operations Aug. I, is
alleged by the cOwplainants to be
pumping refuse water into Itchapau-
kasassee creek, which crosses the At
lantic Coast Line at Winston and
finds its way into what is known as
the Bird Rookery, a famous fishing
ground north of Plant City, which
in turn opens into Blackwater, the
latter entering the Hillsborough.
Seek Permanent Injunction
The latter part of August ten com.
claimants employed ]. B. Sutton and
NJ. Caraballo of Tampa to file suit
asking for permanent injunction
against the company pumping refuse
into these streams. The case was
argued before Judge Whitney in Ar
cadia on Sept. IS and very recently
Judge Whitney rendered his de-
cision The compliments in the
case contend that the refuse water
is killing the fish in the streams and
making them unfit for cattle to
drink from. AS the water course
mentioned is the only one of i'm
portance between Tampa and Lake
land, a large cattle section is af-
fected
The matter is also of interest to
Tampans, in that sooner or later, II
is said, the waters of the Hillsbor-
ough, passing through the city, will
be contaminated. The attorneys
state that they will continue their
fight. Recently Mr.. Sutton explained
the situation to the Tampa Board of
Trade. That organization declined
to take any part in any legal pro-
ceedings, but voted instead to take
up negotiations with Tampans who
are interested in the phosphate COM
pany. 1t is claimed that by expend-
ing $4,000 the water can be pumped
into stream emptying into the
Alfalfa river, which is already polut-
ed by about fifteen plants. and that
by an expenditure of from $4,000
to SIS, 700 1t can be pumped directly
into the Alfalfa.
AS the company's investment at
it's plant is in the neighborhood of
100000, the compliments declare
that this expenditure would be mere
ly nominal sum. They do not ask
the company to close down. but
merely that it take precautions not
to damage fifty miles Of river pre-
viously uninjured by phosphate wa
ter and which probably will not be
used by any other phosphate com
pany. The company was represent
ed in the proceedings by Wilson g.
Swearingen of Barlow and Tread
well & Treadwell of Arcadia.
Judge Whitney's Order
The text of Judge Whitncy's order
follows:
"The law of this State has been
declared in Sections ] and z, thap-
ter 6202 of laws of 1911, with the
expediency OF which ! have nothinq
to do. Section | provides that place
for deposit of waste and debris OF
any mine shall be provided. Section
that due diligence shall be used tc
prevent the escape Of water and de-
hris and that the escape of water
only slightly discolored shall not he
construed as escape of waste or de-
bris, nor shall the washing into
streams OF waste and debris by reas-
on of excessive rains be so construed.
- find BY personal view that an
extraordinary food rain had washed
away part OF a dam used 10 hold
no that large force