The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-06-24
CHARGED WITH CONTEMPT.
The Main Street Railway Trouble
Will Be in the District
Court To-Day.
The Foreman OF the Helena Elec-
trio Line Will Have
Trial
The Status of A ffairs-Mr. Wallace's State
ment Regarding the Difficulty and
His Franchise.

The difficulties between the Helena Elec-
trio company and Messrs. Wallace d Thorn
burg are still unsettled. Both parties had
laborers at work all Saturday night and up
to about 10 o'clock Sunday morning.
Nothing was done the remainder of the day
nor yesterday. The fight was one for pos
session, as Messrs. Wallace d Thornburc
realize that the party having track laid will
be entitled to the right-of-way, as each side
has franchise to build street railway on
the same street. AS the situation stands,
it is probable that only an amicable agree
ment will settle this difficulty, as, according
to their franchises, each company has the
right to build, and unless the trouble is
amicably adjusted one company can pre-
vent the other from building. If Col.
Broadwater grows obstinate, it is claimed
that he can permit his track to remain on
the street for 25 years and no one can re-
move it. At the present time, however, the
street is in bad condition and teams
cannot very easily travel on the east side
Of the street. At the foot of Broadway this
is especially true. and one old man yester-
day while driving buggy came near losing
wheel on this account. 1t is claimed that
neither company is laying track upon the
route or lines designated by the city engi-
neer under whose supervision the track is
supr sed to be laid.
Mess $; Wallace d Thornburgh say they
have ordered all necessary material for
their road and have $1,O0O,OOO of capital
ready for it's construction.
This afternoon the foreman of the Helena
Electric company will appear befor the dis
trict Court to answer to the charge of con-
tempt OF court IT.. The contempt alleged is
water line proceeded, notwithstanding a
restraining order had been issued BY
the court, but upon what grounds the re-
straining order was issued is not known.
The court will also hear, probably to-mor-
row, the case of Wallace d Thornburgh,
who applied for the injunction. The act of
serving the injunction upon the foreman,
Mr.. Wallace believes, was a mistake. He
has this to say in connection with the affair:
II want to say that many of the absurd and
ridiculous statements made about the affair
are wrong and false in every particular.
For instance. what obstruction there was to
travel was not unnecessary. We had
valuable rights to contend for. and pos
session in these things is nearly everything.
Our franchise is the prior franchise and
gives US the prior right to lay that track.
From the day it was granted we have
been steadily working at it with a
view of building the road. Broadwaters
road runs through an old portion of the
city and he has nothing to do but to build it.
We strike new country and have not only to
build the road but to create the patronage
which will maintain it. But we mean to
build it. A short time ago we had sort of
conference with the Broadwater people and
told them that we had the prior franchise
and must own the road. If they were wait
ing to build they could go ahead. but il
must be with that understanding. We told
them that they could build at once but tina,
the road on its completion would belong tc
US. We would paw one half the cost and
give them a lease for all time, but we
wanted a contract to that effect. Wher
Mr.. lIangfold commenced work on Satur-
day went to him at once and asked
him for contract, but did not
get it. AS a matter of self-protection
we were then obliged to 60 to work
and hold the ground, and we did it. Pos
session is everything. and not a rail was
spiked by the Broadwater people until after
the injunction was out. Mr.. Langford was
notified of the injunction, but It was moi
served on him. do not know why this was
perhaps they bought off the sheriff know
however, that it was served on foreman
for stood there and heard the whole thine
read. This was before anything was spiked
and we hold the ground. The other com
pany will be sequestered Il think that is tn.
term) in the next three hours and theil
work undone. The statement about the us,
of Z rails being forbidden us is false as it il
in our franchise