The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-16

communities for receiving their necessary supplies
marketing their products
PARAGRAPH xxx
That D NJ Maxcy at all said times and still is
resident and taxpayer in and of said Bayfield, County.
That after the of said hue and while the
same being rated railroad, both passenger and
freight pubic use said Maxy purchased and still owns
large quantity of land bayfield, County, and rihu
lary and along tie said main line OF said railroad and
pd therefor the purchase price therefor and still owns
the same.
prov country with reasonable of communica ion
BET the settlements in said county and sad lands
cept the said main line and by means thereof and said
lands derive their principal value from such Railroad its
location in their vicinity. and it's OPP ration for public
and such facts give, and still said lands large and sub
stanta value. and without the said railr ad and the
alton Their of for pubic the said lands and would
br If little That he purchased the said lands
relying Upon the said railroad its existence and operation
relied upon those facts give said lands value
whatever and would not have purchased he said lands
for the said railroad its existence and operation and
his id reliance the and if the said nar line is
vii becom aud h practically inaccessible and OF snhstin
tally vau and unsuitable And said lands include over
two thousand and said main line is operated and
not destroyed of value not less Than fifteen thousand
dollars.
PARAGRAPH xxx a 5aa 1.-e
That said Bayfield, County, R. D. Pike, John A.
: Jacobs, M. A. Sprague w I'll. Lemke, Carl Hrsch
and D. M. Maxcy have never. nor have any either
of them been parties to in the said forecOs
ure action except r. ID. Pike intervening as q cred
tor before stated, and on the 18th day of Deem
".
emitting the in said foreclosure action in said
circuit court of the United States and reciting and
setting forth therein all the facts herenbefore in
this bill of complaint set FORTH and that they each
made such petition not only for themselves, but for
others like situate any of such petitioners, and al
setting forth therein that the receiver Albert O.
Frost intends to and has stated and threatened that
he will i'm medately tear up and destroy the said
railroad by removing from it all the iron and steel
rails, and other materials, gather the same t)g. ~:
and sell the same, and the locomotives, and roll
ing stock appurtenant to such railroad and abandon
the operation of said main line and that if this is
done, the said railroad would be entirely destroyed
as railroad and could and would no longer be oper-
= ated such.
That on said 18th day of December A. d., 1901,
at o'clock E. NJ. said petition presented by H
II Hayden, who then was the attorney for said petit
tioners to the Hon. r. Bum, Judge OF said Circuit
Court of the United States at his chambers at the
United States Court Room in the city of Madison,
Wisconsin, and it's nature and contents briefly ex--
planned to such Judge, and said Hayden such at
torney and in behalf of such petitioners the said
petition requested said Judge to grant order to
show cause in said action, why the prayer OF such
petition should not be granted, and that said Judge
fix time and place for the hearing of such motion,
and that the destruction of said main line should be
STAYED in and by such order until the said motion
should be heard. That said Judge at said time de-
cined to read hear said petition read, refused ab
sOutely to grant any order to show cause, said he
would not grant any, refused absolutely to stay for
any time whatever, the destruction of said main ine
said it the duty of the receiver to take up the
rails of the main line, that he had ordered him do
So and that if he did not do 50, he would be in
tempt, or would be removed, and said that these
petitioners wanted to try the all over that he
had tried it once, and would not try it again. Mr.
Hayden requested him to suspend the destruction of
such railroad for days to allow the petitioners to
be heard before the road destroyed. He refused
to do and said ne would not stay the receiver in
any manner, and said Judge then and there refused
absolutely to give any attention to- any relief upon
such petition and such petitioners thereupon ceased
their Efforts to be heard in that court.
PARAGRAPH XXXXI.
The Attorney General further allie that such
intends aud has st tied and threatened that he will
me5Atey and des roy Said line of raIlro I'd
wing all the aud rails and other
gather t together aud sell the Same, to-
the locomotives, and rolling stock,
purtena it the SAM AMI cessarV for the operation
thereof ab4noo the opr tOn of said ain line aud
preparations for aud prepared do SO, and
thai there IS mmnent Danger that the will be done
once aud delay And alleges if said rails
aud sad main line will be rely
destroyed railroad and and will longer be oper
ated as such.
PARAGRAPH XXGXI[
That said receiver Obtained any of the