The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-04
NEVADA NORTHERN R. R.
ANSWERS COMPLIANT

of said complaint, defendant denies
that its acts and conduct in the mat
ter of discharge and delivery of
freight, or any other act or thing done
or suffered by it have been wrongful,
unlawful or fraudulent, or conducted
for the purpose of Gripping or in
juring said city of Ely; denies that
the said city of Ely has been crippled
or injured, or that either the plain
tiff, or any one else, has ever suffered
the loss of anything by reason of any
act or acts of defendant.
That all of said allegations in said
paragraph contained purporting to
charge. conspiracy or confederacy
between the defendant and said Ely
Townsite Company are, and each of
them is, false and untrue. This de-
PENDANT has not now, nor has it ever
had, any interest whatever in said
Ely Townsite Company. 1t does not
own, nor has it ever owned any stock
in said company, nor is 1t interested
therein to any extent whatever, eX-
cept that the residents and .inhabit-
ants of Ely City are patrons of defend
ant, as are those of the incorporated
town, and this defendant as COM
is naturally interested in the pros
perity and growth of business in all
settlements and localities tributary
to its road. Defendant admits that
two of its stockholders, each owning
one share of the par value of 500
dollars out of the total capitalization
of two million dollars, also own
shares of the stock in the Ely Town
holders also owns large property in
terests in the incorporated city of
Ely But these are private individ-
ual matters with which defendant has
70 possible concern and over which
lit has no control Defend
ant denies that it, it's officers, agents,
stockholders, or employees, have
fraudulently. or deliberately, or at
all, confederated or conspired with
tho Ely Townsite Company, its Off
GERS, agents, stockholders, or en-
ployes. with view to deriving profits
out of the sale of the town lots. or
the promotion of a new town. The
reasons why no freight depot has
been built within the incorporated
city of Ely are hereinbefore fully and
clearly set forth, and are not other
wise than as so stated, nor does ii
appear that the failure to construct
said depot has caused to said plain
tiff, or those similar situated any
loss or damage whatever, or that it
will do so in the future. The per-
manent growth of these two 1Ocali-
ties will depend largely upon their
respective environment, Topographic
cal position and the brOad-minded
public spirit which may actuatc their
respective constituents, and not up-
on the speculative phrases of town
lot enterprises.
XI
Defendant denies that it either
owns or controls any land within said
city of Ely and along the line of
Garden Street of sufficient area to
construct a side-track to say nothing
of depot. In paragraph VII of this
answer it has made disclosure of all
land owned by it along said Garden
Street route. 1t neither owns. or
controls in any manner, shape or
form any other land within the cor
porate limits of said city of Ely ex-
cept that purchased for its ore or
freight line along the side of tae hills
north of the improved portion of the
town, as hereinbefore alleged. There
is no level land on said line Except
such as has been made so by excava-
| ting for the roadbed from the hillside
Defendant AYERS that, CONSIDERING
| its duty to the public, to the citizens
and inhabitants of the city of Ely, as
well as the citizens and inhabitants
| of Ely City, and all others residine
in or near said localities. taken in
connection with the exigencies and
requirements of railroad operation
and all the circumstances and condi-
tions hereinbefore set forth, the said
d.not at Georgetown is the only
practicable or reasonable point at
which freight may be discharged for
the city of Ely. Ely City and the
+, immediate neighborhood; that the
| delivery of freight at said point re-
suits in no discrimination in favor OF
ore or the other of said points; that by
reason of the matters and things set
forth in this answer it is impossible
to equip, maintain, or operate a
freight depot, with it's necessary ac-
cessories, within said city of Ely. TIC
compel by order of this Commission
or force this defendant so to con-
StI uCI anu uldlHldlH SUCH uepOJ
and to condemn the area of land
necessary for such purpose, would
defendant respectfully submits, be
Idepriving the defendant of its prop
erty without due process of law in
direct contravention of the constitu-
ton of the United States and of Arti-
Gle of the amendments to said con-
stitution, which provides that no per-
son shall be deprived of life, liberty
or property without due process OF
law, nor shall private property be
taken without just compensation.
And of section 1 of Article IA OF
the amendments to the Constitution
of the United States, which provides
that no state shall make or enforce
any law which shall abridge the privi-
leges or immunities of citizens of the
United States, nor shall any State
deprive any person of life, liberty, OF
property without due process of law
! nor deny to any person within its
| jurisdiction the equal protection OF
the laws.
WHEREFORE, defendant prays
that plaintiff take nothing by this
proceeding, but that the same be dis