The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1916-05-12
Injunction Stops The Purchase of
kennesaW WaferWorks system


party of citizens have secured a tenn
Jorary INDUCTION against the Board of
Lights and Waterworks of the city,
temporarily holding up the purchase
of the kennesaw Paper Company's
water system. 1.-THE order was grant
ed by Judge H. L. Patterson of the
Superior Court on May 10 and the
hearing on the petition has been set
for May 80.
The petition is very lengthy and
reviews the operations of the Board
from its creation several years ago
down to the present time. The al
legations set forth in the petition are
SO numerous and the petition was
filed so late that we are unable %
reproduce it. The effect of the or-
der, however, can be understood
clearly from the prayer of the plain
tiffs, as follows:
CD That temporary restrain
ing order be granted by the Court,
upon the presentation of this petit
ton, enjoining the defendants as fol-
lows:
(a) The Board from making a
physical connection between the
Board system and the Miller Com
pany system, or mixing the water
in the mains of the two systems;-
OBJ The Board from disseminating
its present system, or the operations
thereof, that is, that they be enjoin-
ed from furnishing consumers water
from its present mains mixed with
water from the Miller Company sys-
tenn;
Co The Board be enjoined from
eXpenf lg any money in the way of
prepa .tion to make a physical con-
necti, between the two said sys-
TENS
~ The Board be enjoined from
paying the notes above referred to-
or any part thereof;
(e) That the defendant the Nil
Ter Company be enjoined from trans
ferring in any manner the notes
herein referred to;
t2) That the Court pass an or
der fixing date for the temporary
hearing of this complaint, and on
the hearing of the same that the
Board be permanently enjoined
from carrying out any part of said
contract referred to in Exhibit A,
and the same be declared and decreed
On the final hearing. to be null and
void; and that the Miller company
be permanently enjoined from trans
ferring said notes or collecting the
same; and that said notes be declar-
ed and decreed by this Court to be
null and void and not legal charge
against the Board or the Tax Pay
ers of the City OF Marietta, and that
said notes he delivered up and can
called.
Ga That on the hearing of the
nisi, herein prayed for that all the
prayers of the petition for temper
airy injunction be made permanent:
t4) That en- the final hearing of
said complaint that said contract, re-
ferred to IS Exhibit i, be declared
null and void and that the same be
delivered up and cancelled:
60 That the Board, by order and
decree Of this Court, be required to
permit the Clerk Of the City Council
to perform the duties required of
him under the Acts creating said
Board.
go That on the hearing OF the
nisi herein prayed for, that the Court
appoint a permanent receiver or re
ceivers to take charge of, operate
and manage the waterworks, cleo
trio light and sewer systems of said
City Of Marietta; said receivers en-
penses in the operation of the same
to be limited TO an amount not 20
exceed the present operating eXpens-
es thereof;
81 That process do issue requir-
ing the defendants herein TO be and
appear at the next term Of the Su-
perior Court of this County TO an
swer this complaint.