Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1901-10-18
Judge Frank Henry Of ofLivingston Has TAX
en- the Injunction Matter Und
er Amusement.
TOMORROW TELLS TALE
In the Meantime No Poles Will Be Erected
In the City Contempt Citation
Is to Be Issued.

Despite the temporary restraining order
| issued last week. City Marshal Fleming,
acting under instructions from Mayor
Larkin and the city council, last Satur
day arrested the entire gang Of Rocky
Mountain Bell Telephone laborers EN-
ployed in setting telephone poles in Bill 4
lings avenue The prisoners, ten ia
number, were marched in 4 body TO the
county Jail, but were soon released on
bonds to appear for trial on charge Of
violating the city ordinances. They ap-
peared before Police Magistrate Grand
strom last Monday and we're all found
guilty. each being fined 500 and costs.
The company put up the cash, some
thing over $1,000. and appealed to the
districtcourt.
Sitting IN chambers At Livingston last
Wednesday, Judge Frank Henry had in
His presence iii array Of legal talent IN
the matter Of the attempted invasion of
this city BY the Rocky Mountain Bell
! Telephone company. IL was the day
set by the court for the legal represen-
tatiyes of The municipality to appear and
show cause why pcrpetuality should
not attach to tho courts order tempo
rarily restraining tic city from interfer-
! ing with the work III the company in
furtherancc Of its plan to erect poles and
string wires through the city. Attor-
! neys George III. Bailey and George WI
Ioierson, Oh behalf of the municipal cor
porution presented 4 motion praying for
! training order and asking that the writ
! fol L permanent Injunction return To
Oblivion. In support. of this motion
j they raised The point of insufficiency ct
the companys complaint and argued
that under the provisions Ut TIE session
Ilaws of 1888 and of 1897, as we'll as those
OF section 1900 of the political code, spec
tally enacted III 1S95, the city council
has the right not only TO regulate, but
rs we'll to prevent and suppress, the
erection Of poles and the stringing OF
wires iii either the streets or alleys
I'll opposition to the motion the
companys legal representatives, Attor-
neys Mcintyre of Helena, John u
Smith Of Livingston and Sidney Fox Of
this city, contendcd that section 1000 Of
the civil code gives them the right tc
enter the city ii the manner attempted
After the question lit issue had been
argued pro and con at considerable
length, the court decided to take the
city, motion under Hdvisement until to-
morrow. ln the meantime it was agreed
that the company should refrain from
restraining order. Should the court
! ovcrrule the motion and make perpetual
i the Injunction the city will appeal to
i the supreme court, and il the motion i
1 sustained the company will appeal.
1 The court has not yet taken actor
I with reference to the matter OF the dis
I obedience OF the restraining order, butt
l is expected that Il citation will be is
/ sued summoning Mayor LarSin, City
! Marshal Fleming and the two attorneys
/ for the city to appear the first day OF the
| December term Of the district court to
I show cause why they should not be pun
I lshed for contempt. Judge Henry spoke
| Of this matter as soon as the attorneys
appeared before him to argue the motion
g and the company. s representatives were
! extremely anxious at first for the court
. to issue a contempt citation, but late
/ decided not to press the matter unit
/ after the motion to dissolve is passed OF
| tomorrow. The city's counsel conteno
/ that in arresting the men engaged II
] digging in the street no violation Of thu
/ courts order was perpetrated OF con
tempt committed.
/ ----p-o-
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