The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-28
A MANDAMUS IS WANTED.
To Compsl the Great Northern Rail-
way to Resume Operations
in Montana
The Application Was Made 10 the
Supreme Court Judges
Yesterday.
It WIN lie Followed by QUO wsrranto
Proceedings 60 Declare the Com
pany's Charter Forfeited.

Application vas made 90 the supreme
court yesterday In the name OF Attorney
General II. ]. Haskell on bshalf OF the
state OF Montana. for a writ Of mandamus
60 compel ths q eat Northern Railway
company 20 operate its lines within the
state. The petition sets forth the organi-
ration OF abe Montana Central railway un-
der the laws OF the state in 1856. under
which charter the line was buiis and oper-
atep between Butte ani Gfeat Falls as q
common carrier Of freight aud passengers.
I 10 also sets forth the extension OF the Goat
Northern. under she laws OF Montana, into
and through the state, and is operation,
through connection with the Montana
Central at Great Falls as a continuous line
from 81 Paul 20 Butte; also ths extension
to the coast; she acquisition of connecting
| lines etc. and then goes on 10 say:
That on the 13th day OF April. 1894 the
Great Northern Railway company, in vio-
lation OF It's duties 30 the people OF the
state OF Montana. Rad In disregard TO Its
obligations assumed in the acceptance of
the rights ana franchises conveyed upon IL
BY virtue OF the laws Of Montana under
which 10 acquired. leased. operated and
maintained the other lines OF railway,
wholly ceased TO operate any OF lite lines OF
railway or any railway leased or controlled
by IL within the state OF Montana, and
since that date has neglected and refused.
and still neglscts and refuses 10 operate its
line OF railway or 20 iun any trains thereon,
or 60 carry any freight OF passengers and
since that dats hes refused 20 accept either
freight OF passengers Tor transportation
over iss lines OF railway. and now refuses
so to DO. or 20 carry the same az any price.
reasonable or otherwise, and has wholly
abandoned the operation of it's said lines
OF railway.
That she Great Northern Railway com
pany 10 fully able and competent 20 operate
its lines of railway aud 10 run its trains
thereon IN the same manner ~ 10 did prior
20 the 18Th day of April. 1894. and that the
wants ana demands OF the people of the
state OF Montana are no less with respect 70
tue use of the lines of railway than they
we're prior 20 that date.
That the Great Northern Railway COM
pany has abundant means with which 20
operate its lines; that IL is fully equipped |
with the necessary rolling stock and all !
necessary appliances. and the same means. |
rolling stock and appliances WITH which It
was supplied prior 90 April Is. 1894, and /
that there .. a. all points travsfsed 1
By the said lines OF railway within |
aud without the state Of Aontana,
sufficient number Of competent ana /
skilled men 10 operate said lines Of railway,
aud who can be engaged and hired by the
Great Northern Railway TO 50 operate its
lines of railway az reasonable wages, and
40 less wages than are paid TO similar oper-
Rtives and ployes upon any other line of
railway IN the state OF Montana.
That the counties Of Valley. Teton and
FlatheAd, through which such lines Of rail-
h. of ]
line Of railway except the narrow gauge
line Of the Great Falls d Canada Railway
company. which extends in a single line
about due north from the city OF Great
FAlls, and that the inhabitants OF the
counties named, being many thousands In
number, are entirely de- endsnt, except as
above stated. upon suon iine Of railway for
transportation facilities.
That the failure aud neglect of the
Great Northern railway so to operate its
lines Of railway and the lines OF railway
controlled by H. or TO run the trains there
on, have already resulted IN great damage
to ths people OF tbs state of Montana,
Amounting IN the aggregate to many thou
sands OF dollars ami that tho continued
failure CT the road TO operate its lines Of
railway or 10 run tTslns thereon, will result
in irrspaisbie damage 90 the people OF the
state.
'Whsrefore, the said Henri J. Haskell.
attorney general of the state OF Montana,
as aforesaid, for and on behalf Of she state
Of Montana and the people thereof. praYs
this honorable court for an order upon the
said q. eat Northern Railway company,
commanding 10 90 a. pear before this hon.
cradle court at zach time as the court shall
TX, at the court room of said court. then
anu there TO show cause why this honorable
court should not issue lie wit of man
dsmus, commanding the said Great North
efn Railway company to operate its said /
lines OF railway aud all lines OF railway /
by 10 owned or leased or controlled within /
the said state OF Montana. in the sane
manner as such lines Of railway we're opet-
Rtei prior 10 said 18th day Of April. 1884"
The supreme court took the application
under consideration and will pass on 10
later. IL Is said that the next step will be
In the form Of quo warfanto proceedings 90
declare the charter aud franchises OF the
Great Northern forfeited within ths limits
OF the state of Montana.
Special 70 The Independent.
TT. Paul. April lin Minneapolis to- 1
night Samuel Hill, president Of the Mon
tanA Centfsl road. was shown she telegram
from Helena telling Of the legal proceed
Tags against the Great Northern 20 compel
It 10 o .erate the road. he said there was
nothing in H. II do not see" he said, |
how Il can nGeot the company adversely, !
and regard IL me ely as an attempt 30 Injure |
the company in the minds OF the investing
public. IL will fail entirely in its Object"
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