The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30
airy, A D. 1902, presented to the

inform alton in the above entitled
action, reciting, among other
things, that the main line OF the
Washburn, Bayfield, & Iron River
Railway company is a public
highway of said states that said
rail way company is railway
company organized and existing
! under and by virtue Of the laws
of said state, for the construction
and operation Of railroad for
public use; that the defendant
has threatened to destroy said
railroad and highway by taking
no the rails and material thereof,
gathering the same together and
selling the same. and is about to
do so, and that by means OF such
] act the franchise granted by said
state unto said railway company
and under which said main line
was con structed, will become
valueless, and the rights and
conveniences of all the people of
said state will be injured, and
| prayed that leave be granted by
said court that said information
| be filed therein, and that a sum
mons issued thereon, and that
pending the determination of
said action said defendant, his
successors in Office, their assigns
and the agents, servants, work
men, employees, attorneys and
solicitors Of the and of each of
them, be enjoined and restrained
from destroying said railroad:
And said motion having come
i to be heard before this court,
and having been heard therein,
the state appearing by it's attor-
ney general, and said defendant
| by Horace S. Oakley, its attor
ney, and said respective counsel
| having argued said motion in
open court. and filed therein
their briefs in support of their
respective contentious, and the
court having duly considered all
of the same and being fully adj
vised in the premises.
| Now, on motiono of E. r. Hicks,
attorney general, it is ordered by
the court now here;
i First. That leave be and the
same is hereby granted for the
filing of said information in this
court, and s
| Second. That a summons
issue out of this court in said ac-
ton signed by thehonorablechief
justice and attested by tbs clerk
of this court and under it's seal.
Third. That said summons
and Information be served on
said defendent in the usual man.
ner of service of summons and
complaint in the circuit courts of
the state, and that this order be
served on said defendant within
three days from the date thereof
by delivery Of a copy thereof duly
Ncertifed by the clerk of this
court, and that such service may
be made within or without the
state of Wisconsin, and that it
said defendant cannot be found
within this state, or at his resi-
aence or Office in the city Of
Chicago in the state of Illinois,
then such services may be made
, by delivery to and leaving like
copy thereof with Horace Oakley
his attorney therein, or if he
cannot be found, then at the Office
of said Oakley in the cityof Chica-
go, and that service so made shall
be sufficient.
And it is further ordered, that
in the meantime and pending said
action, and until the further
order of this court permitting
him SO to do, the said Albert G.
Frost, as receiver of the Wash
burn, Bayfield, & Iron River Rail
way company, and as special
master in chancery therein, his
successor or Successors. in Sucl