AN INJUNCTION SERVED

Cortland depot, S. & B. and D. L. & W. R. R.

The Cortland Democrat, Friday, August 17, 1894.

AN INJUNCTION SERVED.

THE S. B. & N. Y. ROAD OBJECTS.

The Steam Road Does Not Propose to Allow the Electric Road to Cross Its Tracks, if Possible to Prevent it.

   Last Saturday morning Detective Sevenoaks of Syracuse served an injunction on constructing engineer M. M. Jacobs of the New York Electrical Engineering Co., restraining him from laying the tracks of the electric road across any of the tracks of the S. B. & N. Y. railroad company in this village or at the crossing between Homer and Cortland.

   The order was granted by Judge Vann of Syracuse on the complaint of the S. B. & N. Y. Railroad company and the affidavits of station agent Wood, Supt. Swartz and attorney W. S. Jenney and is made returnable before the court in Syracuse to-morrow. The plaintiff claims that the crossings sought to be made are over land owned by them, and that their consent has never been obtained and that the consent of the owners of land along the proposed line of the electric railway to construct the same or operate it by electricity or change the motive power from horse power to electricity has not been secured, nor has permission been granted by the State board of railway commissioners to make any of said crossings.

   It will be remembered that there was considerable litigation over the right of the Horse Railway company to cross the steam road's tracks between this place and Homer, when the road was built several years ago. The matter was tried before three referees who found that the Horse railway should be permitted to cross the steam tracks at a certain point and in September 1883 Judge Follett granted an order confirming the report of the referees. The referee's report permitted horse cars to cross the tracks, but nothing was said about electric cars.

   The S. B. & N. Y. company carried the case to the court of appeals twice on legal questions and the matter was only settled after three years of stubborn litigation. The latter company will undoubtedly give the Electric company as strong a legal battle now as the circumstances will permit. In the end the Electric company will probably win, but the company are likely to be subjected to considerable annoyance and more or less delay. In the meantime contractor Jacobs will go on and complete all the other work while waiting for the law's delays and will be ready by the time a decision is reached to make the crossings.

   The branch through Groton and Homer avenues will be used as a loop when large crowds are at the fair grounds and a large number of cars are in use. The line to McGrawville will start at the corner of Main-st. and Clinton-ave. passing down the latter to Church, to Railroad, to Pendleton, to Elm and down the latter street to the corner of Pomeroy. From this point east the route has not yet been fully determined. The probability is that the road will continue east along Elm-st. to the river, where a new bridge will be built expressly for the use of the road, and thence to the park and from thence down the east bank of the river to Port Watson-st. and thence to McGrawville. The company have also considered another proposition which is to turn down Pomeroy-st. from Elm to Port Watson crossing the iron bridge at the river, turning up the east bank of the same to the park, thence back to Port Watson-st. and then on to McGrawville.

   The first described route will undoubtedly be the one adopted. Mr. Jacobs is a hustler and is pushing the work very rapidly. He listens patiently to all complaints of residents on the line and endeavors to discommode them as little as possible.

AFTER THE RAILROAD CO.

Margaret Cain of Cortland Claims a Substantial Sum as Damages.

(From the Syracuse Herald, August 11.)

   Papers have been sent to this city to be served on the officers of the Syracuse, Binghamton & New York railroad in a suit for $10,000 damages brought by Margaret Cain of Cortland, who was the victim of an accident that occurred near that place on May 4th last.

   It was at the crossing known as the Blodgett Mills road in the town of Cortlandville. The papers assert that Mrs. Cain was driving across the track on the day stated when a locomotive struck the wagon and hurled her fifteen feet, resulting in injuries which, it is claimed, are incurable. The plaintiff claims that by reason of an obstruction on the railroad property, it was impossible for her to see the approach of the train. She further avers that no flagman was at the crossing and no bell or whistle was used to warn her at the approach of the train. The wagon in which she rode was completely ruined, and since the accident took place, the plaintiff has been troubled with nervous prostration, a spinal complaint, internal injuries and permanent bruises of a serious nature, the complaint says. James Dougherty of Cortland is her attorney.

D. L. & W. Engine No. 6.

A Scuffle with Burglars.

   Officer Parker started for the D. L. & W. station soon after 1 o'clock Wednesday morning to take note of the arrivals on the freight and coal trains that come soon after that hour. When he reached Duane Howard's grocery store on the west side of the track he saw a man sitting on the store platform, and asked him what he was doing there. The man jumped to his feet and shoving a revolver into the officer's face commanded him to hold up his hands.

   Parker hit him over the head with his billy and the fellow tumbled to the ground but was up in a moment and a lively scuffle ensued. The rascal fired at the officer, the bullet passing through his coat and grazing the wrist. Parker finally succeeded in knocking the revolver out of the man's hand and then he pulled his own gun, but it wouldn't work. At about this time another man came running from the open door of the store and took a hand in the scuffle after first firing one shot. They finally loosened themselves from the officer's grasp and ran up the track.

   Parker telegraphed to headquarters for assistance and officer Monroe soon put in an appearance but as the burglars had got too big a start the chase was abandoned. Two or three chisels had been used to open the front door, and a bottle half-full of powder with other tools were near the safe. Where the scuffle took place was found a hat, a 32 caliber revolver, a jack knife and pieces of the man's trousers that were torn off by the officers. The officer made a plucky fight.

Accidently Shot.

   A sad shooting accident occurred near a camp on Otsego lake, Friday morning, which resulted in the death of Henry C. Hinds, a well known resident of Cooperstown. Hinds, who was fishing with a seine at the dugway, went on the bank to pick a few berries to eat. A ten-year-old son of ex-Mayor C. J. Rumsey, of Ithaca, whose parents were camping at Pleasant Beach, was out shooting birds. Immediately after the discharge of the boys small rifle Hinds was seen to run and fall. Michael Tuttle who was with him, hastened to his side, and found that the bullet had entered the right side of the head, passing through and out the left ear. He still breathed, and was placed aboard one of the steamers, but died before reaching the dock. Mr. Hinds was fifty years of age.—Chenango Union.

NEIGHBORING COUNTIES.

   MADISON.—DeRuyter young men are attempting to form an athletic association.

   Hamilton voted to put in a waterworks by a handsome  majority, Monday.

   The senate has at last confirmed the appointment of W. G. Weed as postmaster at DeRuyter.

   An E. C. & N. train ran into William [Franks'] herd of cows near Canastota Wednesday and killed seven of them.

   TOMPKINS.—Wool is selling for sixteen cents a pound at Ithaca.

   A banjo, guitar and mandolin class has been organized at Newfield.

   Tompkins County Veterans picnic at Glenwood, Thursday, Aug. 23.

   A Dryden man recently had a hundred pounds of pork stolen from his cellar.

   Tompkins county W. C. T. U. union will be held in the First M. E. church, Ithaca, Sept. 6th and 7th.

   The Dryden, Groton and Lansing union of Christian Endeavor societies will meet at Peruville, Tuesday, Aug. 2.

   Burglars broke into Chapman & Becker's store, Trumansburg, Sunday night and took several suits of clothes.

   A man walked into the Recorder's office at Ithaca one morning recently and desired to be sent to jail in order that he might get sober. The official accommodated him.

   At an early hour, one morning recently the campus people at Cornell University were amazed to see the cap of the library tower enveloped in what seemed to be smoke. An investigation showed that the cause of their alarm was a swarm of little fleas clustering and curling about the tower.

   Dryden people are rejoicing over the fact that Alfred Dolge of Dolgeville, N. Y., will soon start the woolen mill in that place with an addition of new machinery, and make things boom in that place. The enterprising business men in Dryden raised $2,500, individually, to induce Mr. Dolge to purchase the plant and he did so.

   There is a raspberry bush growing in the crotch of a maple tree on A. H. McKane's premises in Trumansburg, seven feet from the ground, which has borne and ripened berries this season and has thrown out canes for next year's crop, some of which are four or five feet long. Apparently the tree is sound and it is a mystery where the plant gets its nourishment. It is of the black cap variety.—Trumansburg

Free Press.

Miss Emily Ormsby. Photo copied from Grip's Historical Souvenir of Cortland.

HERE AND THERE.

   See advertisement of State Fair in another column.

   Ninety men are employed on the electric railway in Homer-ave.

   A gang of men broke ground for the sewers on Owego-st. yesterday morning.

   The new hook and ladder truck arrived in town last Friday. It is an elegant truck.

   The annual Fair of the Cortland County Agricultural society will be held September 18, 19 and 20th.

   W. G. Mead, the jeweler, has a fine stock of fishing tackle, guns and other sporting goods. Read his advertisement on this page.

   Rev. Jesse E. Hungate of Hornellsville has accepted a unanimous call to become pastor of the new Baptist church in Homer. He will commence his labors September 1.

   Miss Helen M. Place, who was offered Miss Mina W. Bishop's place in the Normal for the next year has accepted a $900 salary as teacher of vocal music in the Auburn schools and Miss Emily C. Ormsby has accepted Miss Bishop's place in the Normal.

  

The First Sympathetic Strike.

   The method of the "sympathetic strike" is that of the old woman in the nursery tale who was unable to persuade her pig to jump over the stile, said the Rev. William E. Barton in a recent sermon. She commanded the dog to leave his ordinary duties and bite the pig; upon the refusal of the dog, she commanded the stick to beat the dog. Then, as refusal followed refusal, she ordered the fire to burn the stick, and the water to quench the fire, and the ox to drink the water, and the butcher to kill the ox, and the rope to hang the butcher, and the rat to gnaw the rope, and the cat to catch the rat. Here by reason of the old-time animosity of the cat against the rat, she succeeded. The cat began to catch the rat, and the rat to save its life began to gnaw the rope, and the rope to escape destruction began to hang the butcher, and the butcher to save his neck began to kill the ox, and the ox began to drink the water, and the water to quench the fire, and the fire to burn the stick, and the stick to beat the dog.

   Thereupon the dog proceeded to bite the pig, and the pig jumped over the stile, and the old woman went on her way rejoicing. This was the first sympathetic strike on record. It succeeded, but the ethics of the system is totally bad. "No old woman," said Mr. Barton, "has a right to set the universe in array against itself for the sake of getting her pig over the stile."—Boston Transcript.

TOWN REPORTS.

MT. RODERICK.

   Mr. Irving W. Phelps and family joined a small party of friends in a picnic at Ellis Pond, last Friday.

   The little daughters of Mr. George Dodd of Solon are visiting their grand-parents, Mr. and Mrs. Alfred Smith.

   T. H. Wight has a new covered buggy. We expect to see him and Mrs. Wight on the road a good deal now.

   All good citizens will commend Secretary Lamont for the way he discharged his duty in the case of private Cedarquist of the Second Infantry, who was tried by court martial for having refused to attend rifle practice at the Bellevue range in Nebraska on Sunday, when ordered to do so by his superior officer, Second Lieutenant Bookmiller. The court found him guilty and sentenced him to confinement for six months and forfeiture of pay. Gen. Brooke, the department commander, approved the finding, but under the circumstances reduced the penalty to confinement at hard labor for two months, remarking, that similar clemency need not be expected toward any future offender. Now private Cedarquist has been released and Second Lieutenant Bookmiller, who gave the order, is to be tried by court martial for giving such an order. Secretary Lamont in releasing Cedarqmist, says, "This order is not in any manner to be regarded as a justification of the disobedience of orders on the part of the soldiers."
   We are glad to see the war department looking out for the rights of our private soldiers. Our soldiers of the army should have their Sunday rest, as far as practicable and we should look with interest for the result of this trial.