Norwich bulletin., 1920-08-07

The City of Norwich, through Cor poration Counsel Edwin w. Higgins, on Friday secured a temporary injunc- tion granted by Judeg Charles B. Wall CT of the court of common pleas, re- straining the board of water commis- sioners from any further attempted execution of the contract made Febru- ary r, 1919 with Ignatius J. Murphy, relating to the cutting and removal of timber from the city's watersheds. The injunction further restraints Walter w. Lang and Ignatius J. Murphy from cutting, hauling or saving timber or wood on lands owned by the city and from removing from lands owned by the city any timber either sawed or cut, until the matter has been thresh- ed out in the superior court.
 City Claims $2o,0oo Damages.
 Damages of s2o,OO0 are claimed by the city from Walter W. Leng and 1g- natius J. Murphy, the complaint charg- ing that Mir. Lang did sell for, and on his own account, or that of said Mur- phy certain cord wood, poles, ties, saw ed timber and posts, cut and taken from the watersheds owned by the city, without fully accounting to the board of water commissioners of the said city therefore"
 Papers Served Friday Evening.
 Deputy Sheriff Oscar Main, who served the papers on the defendants Friday evening, attached to the value of $25,000 the goods or estate of both Mir. Murphy and MT. Lang.
 The defendants named in the writ are Ignatius J. Murphy, Walter w.. Lang, Albert S. Comstock, Hugh Black ledge, Edward Crooks and Patrick F. Bray, all but MT. Murphy being mem bers of the board of water commits sioners, against which board the action is directed. In bringing the action the city asks that the contract made with MT. Murphy be declared void, S2O,0OO damages against MT. Lang and MT. Murphy, and such other relief as may be necessary to the interests of the city.
 Result of Councils Investigation.
 The court proceedings are the result of an investigation started recently by the court of common council into the cutting and removal of timber from the city's water sheds. The council re- quested MT. Comstock, president of the board to explain the matter in writing to the adjourned meeting of the coun- cil held Thursday evening. MT. Com stocks reply to the council brought to light the contract made with MT. Mur- phy and the council then instructed the corpora tion counsel to take such legal action in the name of the city as may be required to protect the interests of the city in the cutting and sale of any of the timber on the city's water sheds.
 The city's Complaint.
 The city's complaint is as follows:
 The plaintiff is a municipal coTpor l. tion duly chartered and organized under the laws of this state and as such owns operates and maintains under the pro visions of it's charter storage reservoir. and water sheds in the town of Mont vile Connecticut and known as Ston! Brook and in the town of Norwich ant known as Fafrview and Meadow Brook
 Albert S. Comstock. Hugh Blackledge Edward Crooks, Walter W. Lang ant Patrick F. Bray all of said Norwich con stitute the board of water commission CTS of the City of Norwich and ar' charged with certain duties and respon abilities in the maintenance of sys tenn of water works for said city undel the direction of the court of common council of said city.
 On February IT, 1919 the board O water commissioners of said city execut ed with the said Ignatius Murphy z 
 sheds, the property of said city. Said contract has never been approved by the court of common council of saiC l. city nor entered into under the direc ton and with the advice and consen of said court of common council. The said Walter W. Lang now z member of said board of water com missioners and from some period before the date of said contract up to July ,I,- 7ay. tl1k charter of the plaintiff city with the duty of supervising, caring for ant managing said water works under the direction of said board and the court O common council of said city did sell fol and on his own account or that of thf said Murphy certain cord wood, poles ties, sawed timber and posts cut ane taken from the watersheds owned by said city without fully accounting to the board of water commissioners of the said city therefore.
 The board Of water commissioners ot said city in signing the contract alleged herein acted in excess of their powers and unlawfully undertook to sell anc dispose of property of great value own ed by the said city.
 The said Murphy his servants and agents have since the signing of saic contract maintained a large saw mill or the property of said city, have cut an( sawed large quantity of chestnut yellow birch, oak and ash and othel trees on the property of said city ant do threat to continue so to do.
 Said watersheds the property of sait city have by reason of the operation ot sawmilIs thereon and will by then threatened continued operation and theil occupation by a large force of men anc horses incident to such operation threat en to becone unsarGtary, unwhole-