The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-23
HENRY HAUPT'S WIRE
lie Obtains Permission to Go Ahead
With His Work.
WAR OF THE MESSENGERS
The Old Company Essayed to Com
pei Him to Stop. But He Goes
Into Court and Temper
arily Gains His Point.
WAR OF THE MESSENGERS

War has again broken out in the
messenger business, and late last night
Judge Speer of the district court was
appealed to. and he issued a tempo
rary injunction to prevent the old COM
pany, through the city officials. from
interfering with the new company
which is about to start in business.
Henry L. Haupt who has had con-
siderable experience in messenger COM
pany fights, is at the head of the new
concern, having acquired an interest
in the franchise by recent purchase.
On Monday he started to put up poles
and wire the city with the intention
of running a messenger and electric
alarm system in connection with his
Worlds Package Express company,
but on Tuesday morning City Marshal
Tebo, at the request of John O'Rourke,
the principal owner of the Independent
Messenger company, and who also
claims a half ownership of the new
franchise, stopped Mr.. Haupt from
continuing the work. Yesterday he en-
ployed counsel and commenced in
junction proceedings against the city,
and 1T was about 10 o'clock last night
when Judge Speer signed a temporary
restraining order and the papers were
served on Mayor Thompson. Mr..
Haupt in his petition asked the court
to enjoin the defendant and its off,
GERS, until the final judgment of the
court, from restraining or attempting
to prevent the plaintiff from erecting
and maintaining within the city limits
wires and structures, pursuant to the
terms and provisions of certain
franchise adopted by the city council
on April II, 1895, and issued to w. c.
Morgan and w. P. Emise, and which
was by them accepted and was by
them, ON May rs, assigned to Seth b.
Smith for a valuable consideration,
and by him transferred to the Mon
tana Electric company on June 1, and
by the latter company assigned to the
plaintiff Jan. II, 1896.
The complaint alleges that all the
terms and conditions of the franchise
have been fully kept and complied
with by all the grantees and their sue
cessors and that on Jan. 81, City Mar
shall Tebo, acting in his official ca
pacity, and under semblance of au-
thority from the city. did, by threats
and force, wrongfully prevent the
plaintiff and his employees from erect
ing poles and wires within the city in
conformity with the terms of the
franchise, and he threatened to perma-
nently prevent 1t, wherefore the tenn
porary injunction was asked for.
About a year ago Mr.. Haupt. who
was then interested in the Independent
company, sued that corporation for an
accounting and had a receiver appoint
ed 1t was during that time that a
franchise for a new messenger COM
pany was obtained for the city and a
bond, with John O'Rourke and Thomas
Lavell as sureties, was put up, to
guarantee compliance with the terms
of the franchise. In the meantime
the trouble between Haupt and the old
company was settled and the new COM
pany was not wanted in the field of
competition, and Morgan and Emise
failed to receive certain backing which
had been promised them and they were
compelled to assign their franchise to
Seth B. Smith of the Montana Electric
company. In order to save the fran
chise the latter company put in a sys-
TEN and wired the city, but business
was discouraging and the new COM
pany retired from the field after a
struggle of a few weeks and the wires
and fixtures were taken down. A few
days ago the electric company assigned
the franchise to Haupt and he at once
started out in opposition to Mr..
O'Rourke with the result stated above.
1t is Gained that the franchise had
been forfeited, although no attempt
has ever been made to collect on the
bond. Mr.. Haupt will renew work this
morning and expects to have his mes
senger system in good working order
in a few days.
Fred C. Anderson, one of the defend
ants in the suit brought by the First
National bank, filed his answer in the
district court yesterday. accompanied
by an affidavit and motion to dissolve
the attachment in the case on the
ground that II had been improperly
issued, as the whole amount of the
S4450 sued for was not due at the time
the attachment was issued. He also
alleged that 200 of II was secured by
a mortgage and that the plaintiff held
37,499 shares of stock in the Salisbury
Mining company as security and a
mortgage on an interest in the And
erson lode mining claim. BY agree
ment. IL is alleged. the payment was
extended from Nov. IL to Feb. II.
The case of II. l.. Frank against
Adolph Pincus was called for trial be-
fore Judge Mediation yesterday after
noon and a jury obtained. after which
court adjourned for the day. Mr..
Frank had a claim against a man
named Lecoy which. he alleged, Pincus
assumed. and then refused to pay II.