The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1901-12-19

CONFLICT BETWEENTHE COURTS
Tie Federal Court Says the Road Must Be
Torn Up While the State Court says
That 1t Must Not, and Orders
that 1t He Operated


fact in it's last issue that the County
Board had taken action that might
prevent the plan to tear up the Wash
burn, Bayfield, and Iron River rail-
road and destroy the property. I'M
mediately upon the passage Of that
resolution District Attorney A. w.
Mcleod began work upon the matter,
and on Thursday Ell. Fl. HAYDEN was
here from EauClaire and became in
terested in the case. Tie best
means were discussed, and petition
to Circuit Judge John K Parish was
prepared. 1t was carefully worded
document, and very yoluminons, con
tanning very nearly 1000 words. The
petition cited the fact that Bayfield,
county, through it's attorneys, and
numerous heavy taxpayers and resi-
dents. desired that the Court issue a
pre- emptery writ of mandamus to
prevent the abandonment of the road
or the tearing up of the tracks and
the discontin uance of the line. The
facts in connection with the building
OF the road, the proposition voted
upon by the people, the many evolu
tionS and somersaults which the en-
terprise has goae through since the
time it was first proposed by some
of the ingenious minds of Bayfield,
county, ARE allotted, it is set forth that
Bayfield, county gave aid bonds to
the enterprise to the extent of $185,
900, and that the annual average
amount collected in taxes to create
sinking fund, to pay the interest,
etc., on the bonds that were given,
is $l8, 900 annually. The advantages
to the development of the resources
of the county are touched upon, AID
it is main tanned that the road is more
than a "mere logging railroad =
1t is claimed that after the order
for foreclosure and sale was made in
the United States Court at Madison,
that the Receiver, Mr.. Frost. gave
due notice, and in the notice stated
that the. amount that would have to
be paid for the road was 1915, 900,
that Frost made no effort to make
sale at less sum. The fact that
District Attorney A. W. Mcleod APP
peared in the United States Court
on October 18th and asked that the
county be made party defendant to
the suit pending, and that his re-
quest was ignored is touched upon.
and recited to the Circuit Court as
one of the grounds upoE which the
petition is based.
The writ ofpre- EN- ptory mandamus
issued out of the Circuit Court re
cites the facts that are set forth in
the petition, and orders that the re-
ceiver and officers of the road main
tain and operate the line for the car
rage OF freight and passengers, and
refrain from destroying the property
of the company, and directs the
sheriff of Bayfield, county to see that
the oroer is carried into effect until
the further order of the Court.
The acton is brought in accordance
with law of the United States
passed in 1878, which permits the
commencement of suit against a
receiver of the United States Court
in the state courts. The order for
the prr-emptory writ of mandamus
is very nearly as formidable a docu-
ment. as the petition, and Judge
Parish has affixed his seal to this
instrument, which contains $500
words. The hearing is set to take
place at Medford on December 23rd,