Supreme Court Decision In The Swift--cornwell Case

The ïollowing is the decisión of the supreme court in full in this case which has attracted eo much interest in this eommunity: This cause having been brought to this Court from the Circuit Court for the County of Washtenaw, in Chancery, and having been argued by counfiel and due deliberación had thereon, 4't is now ordered, iidjudged and decreed by the Court: First, That the complainnnt's bill of complaint be and the same is hereby dismissed with coets to the defendants to be taxed. Second, That the convplainant pay to John M. Swift, Mary E. Loomis and Lucy S. Bourns, three of the defendants herein, tlie sum of Fifteen Thousand Five Hundred Dollars, as damages, With interest from date of deCree below, on or before Maren 25, 1892, and in default thereof the complainant shall be deemed to have abandoned eaid dam to deiendante. Third, That the complainant pay t said John Finnegan as surviving assignee of the Ann Arbor Agricultural Company, the sum of Five Thouteiml Dollars, with interest from date ol decree below, on or before Maren 25, 1892, and dn default thereof the complainant shall be deemed to have ebandoned the said dam to the defendants as aforesaid. : Fonrth, In the event of the abandontaent of said dam to defendants , as aforesaid, the complainant shall pay to defendants the eum of Five HunOred Dollars for the cost and expense of the remo val of said dam, and the said defendants ehall have the fight to the immediate possession of baid dam. i Fifth, If the said complainant elect to pay said eums of money and maintaioi their said dam, ihe defendants Bhall at no time maintain flash-boards lipon their flushing structure higher than is necessary and adequate ior the proper and reasonable use of their eeveral and respective mili privileges as now eonstituted and established; that the Baid delendante, in low stages of water and whenever necessary ior the proper and reasonable use and teasonable running and carrying on their several milis and shops shall have the right to raise the flash-boards upon eaid flushdng structure upon the Uam of the Baid defendants to the height of four feet above the apron structure of their said dam; and they fehall at all times so manipúlate their inill pond as to cause the least postelble inconvenience to the wheels of the complainant'e milis, in the way oï back-water, consistent wlth their own necessities. Sixth, That the coraplainant shall have the right to juaintaiii its dam, if dt ko eleci ,tin aforesaid, as at present directed and used, and to enjoy and propel it machinery as established end used (since February, A. D. 1886, except as herein otherwise provided, and that the eaid icomplainant shall (manage and manipúlate its eaid mili pond in a ïair and reasonable manner consistent 'wlth the rules, needs and customs of mili owners, with a view of giving the defendants as uniform and steady eupply of water as possible conteistent with its own necessities and the rights of the defendants, and that the eaid complainant shall not unfeasonably or unnecessarily detain the water in its Baid mili pond or discharge the saine ín unnecessarily or um-easonably large quantities, but its interruption and discharge of the water shall bc iicli as is necessary and ■unavoidable, and requisite to the propter use and enjoyment oí its mili leges. It is the Intention of the Court, and this decree shall be eonstrued to mean, that complainant lias "the option of paying or not paying the said sum of Fifteen Thousand Five Hundred Dollars and the said sum of Five Huudred Dollars and the said sum of Five ïhou(saad Dollars. If not paid, however, iwithin the time above Jiamed, a menOatory dnjunction may issxie commanding tho complainant to deeist and refrain from maintaining the said dam or interfering with the defendants in thoir removaJ of the whole or any 5 part off Kaid dam. And it is furthcr ordered, adjuged ffl anti decreed that the defendants do S Cover of and from the eomplainant Jj their costs to be taxed. Cleveland is to be congratulated è on gettíng out of Ami Arbor without S losing liis -vatcli and pocketbook. This is aot tntended as a reflection on the committee who had him in charge. - Adrián l'ress.