The Great Falls leader. [volume] (Great Falls, Mont.) 1888-1900, 1889-10-26
The City Of Great Falls
Complains Against Ira Myers and E.
&. Maclay,
Charging Them With Unlawfully
Tearing up the Streets,
Obstructing the Travel and Proper
use Of Central Avenue.

AhJuhctloh GRANTED ana work Stopped.
The last act of the street-railway drama
which has been in progress in our city
during the week was played yesterday
afternoon, when the final scene closed
upon the last beam of the setting sun of
the pretended county franchise for a i
street railway in the city of Great Falls.
On Tuesday morning last no little stir
was created in the city by the appearance
of men with pick and shovels tearing up
Central avenue in front of the Park ho-
tel. Such was the complete surprise of
the citizens that it was at first thought
ledge of gold had been struck. Upon
close inquiry, however, it was ascertained
that the intruders were employees of
Messrs. Ira Myers and Z. G. Maclay, who
were going to put down a street railway
track along Central avenue and else
where.
The average citizen went about his way
rejoicing in the prospect that he would
soon have the privilege Of riding down
town, to see the falls, the Giant spring,
the smelter and to make a general de-
bouch over the city and vicinity in an
electric motor car for nickel.
Alas! for the feeting nature of all
earthly things-made to flourish but a
few short hours. Careful investigation
into the matter disclosed the fact that
these gentlemen were operating a little
prematurely-that they had no permis-
sion or grant from the municipal author
tiles for their very plausible proceeding;
that they were moving under the misap-
prehension that they had franchise au-
thorizing them to tear up our streets and
avenues and construct thereon q street.
car track.
Upon the real status Of affairs becom-
ing known, responsible residents and
property owners expostulated against the
prosecution of the work; but still it went
on. Stakes were driven along the Genre
of the street; breadth of street suffi-
cient for the bedding of ties was excavat-
ed and ties laid and covered up. This
somewhat singular mode of trackbuilding
continued day after day until yesterday
afternoon, when, 10! and behold! about
noon the herculean graders, track-layers
taking their implements of warfare with
them, disappeared and thereafter failed
to materalize.
Something had evidently happened
Was it possible that a great labor strike
was on? eyes," said one Of the bystand'
ers who had been earnestly watching the
sequel of the comedy, "they're struck with
an idea that su'thin's goin' to drop and
have 'cluded to stand from under"
"Guess that's bout so,' said another.
swell, they jest got wink that i
mightn't be healthy experiment to push
any longer"
The whole business was divu.ged whe1
LEADER representative went to CITY
Attorney Leslie's office and, upon inqui
nv, ascertained that a perpetual lnJunc
ton had been issued by Judge Bach Sit
ting in chambers yesterday morning ant
the fellows Immediately concluded tina
| they had better cave.
Through the politeness OF clerk w. M
Cockrill of the district court, we are en-
abled to lay the complaint in extenso be
fore our readers, as follows, towit:
In the District Court of the Fourth Judicial lh
trict of the Territory of Montana, In and LOT C't
cade county.
l CITY OF GREAT FALLS, Plaintiff,
VS..
IRA MYERS and E. G. MACLAY, Defendants
The plaintiff complains of the defendants oil
for cause of complaint alleges:
That it is municipal corporation, situated
the county of Cascade, territory of Montana al
,s the comfy seat of said county That It's lncorp
ration was effected In 1888 by the presentation
. . written petition to the county commissioners
: said county, signed by at least one hnlidleo w
q zens of said county, resident within the iiiii.a
,aid city. describing the limits OF said city ana u
yards thereof. and the doing of all other acts al
things by the various ones, required ny enap'
yxII of the Fifth Division of the Complied ots
IS utes of Montana, and amendatofy ac's 'neie'
g. necessary to incorporate as city Oh secoiu eia
70 n,,d hos haan nv the proper authorities, duly
rs c,ared an incorporated city OF the seeoi'a wa
and is snch. having elected its officers as re9ui
- .,oid lowe who have entered upon the dlSchal
80 - +,oir dnties and are now so engaged, ana d
ouolified as such, That Ilalntln us SUCH iii'ol
ration has power to sue and De sueu' W .on'i
90 and be contracted with and 90 all o'hoA v'l'.
a. aonforrad upon municipal corporations unaer
laws of Montana. of nj, tho a
90 That plaintiff is the owner III ice VI "i 'no
~ 40, s+ratts alleys. drives and parks sltudl
and being in said CITY, That among saiu .n a'e
rit,,,tad and being in said city. is one uesisn'
W ,,non the map of said city and kno"li' oes'sno
q and called Central avenue, duls oeulo'
70 the Use OF the public as pupilc '.lees .
W t,orughfare, and is now, ana "tts' a'u Has -
~ continuously since said city WAS hp'tp
,,sod as such public street or avenue ana % :
40 49, hos hoon continuously since SAID ihcolp'
w .;o,, nnhic avenue of said city,ald lhe lee st
, .,saro,p for all of said time has been anu 10
in said city. ,,,ondonts Ira NJ,
- n Noclay on or about the zlst uo'
natoher A r. 1889, without right, grant VI au'
oW tr and wrongfully, while plaintlH was ~ VIZ
VIA w. ,;o,, of said Central avenue, and the o"no,
.foros.id entered upon said avenue anu ~
oasoss;on of n portion thereof "roiisAun. NY.
lar 1,,,,,o n,aintif thereof and now "l'hoiuil
RS. snar nlaintiff. beginning at the lhterse.v,y
NJ, dr,ya another of the puDllc thoio ",-s
All ,a,d c;tv, with said avenue, and.eA'enuins
u ea y, and upon said Central avenue, nav
ons gun the laying do"h anu a,,,,s and have air
in q street railway upon saiu ~ no,nt several y
8 of advanced with SAID "oiA ~ pooinnne point