The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-22

mind if the track had not been laid
on Garden street, the population
would have been greater"
You would like the Garden
street track torn up?"
Personally, yes"
Were you in the court house at
all of the meeting when the fran
chise was discussed and granted?"
Yes, sir
You were aware that the right of
the Nevada Northern Railway COM
been attacked, and is being attack
ed?"
mo, sir"
Vice President L. G. Cannon was
then recalled to the stand and ques-
toned by Judge Crump.
Have you yet secured the figures
showing the aggregate amount of
money paid to the Nevada Northern
Railway company for the business
terminating in Ely?"
mo, sir. I have not had time. 1t
may take a day or two"
81 believe you were vice president
and general manager of the road
when the ore line was built?"
"Yes, sir Pope Yeatman and 4,.r
Judell had charge of the construction
of that line"
"Over whose land does it rum"
81 believe the chief engineer of the
road should answer that question"
WAS it Ely Townsite company
land?"
"I do not know"
"Was it either condemned or pur-
chased?"
81 do not know
Mr. Cannon was then excused.
Chief Engineer A. Judell of the
Nevada Northern railroad was called.
He said he was chief engineer of the
road and had been since the begin
ming of construction of the ore line.
He said he surveyed the line.
"Over whose land does it rum"
asked Judge Crump.
There are several owners.
''Who owns the principal portion
of that land?"
1.-The Nevada Northern railroad
owns the right of way"
"Who owns the adjoining land?
From whom did the railway get the
81 believe from the Ely Townsite
Don't you know that?'
ITO say that l know, l would want
to see that the deeds were recorded"
I'VE will admit" interjected Judge
Lindley, that the greater part was
purchased from the Ely Townsite
What amount was paid? Was it
a sale or gift?"
81 do not know the amount paid
said Judge Lindley.
what was the consideration in
the deed?"
1.-THE consideration in the deed was
stated at $10," said Judge Lindley.
WAS it $10?"
''It was more. I would imagine it
was we'll up in the thousands of dol
lars.
Turning again to Mr.. Judell, Judge
Crump asked
WAS there ever proceeding in
condemnation against the Ely Town
site company for any property?'
mot so far as I know" Mr.. Judell
answered.
"You have built many miles of
road over the Ely Townsite COM
pany's land have you not?"
mo, sir"
Several miles?"
"A few miles"
"To be specific?'
1.-TWO or three miles"
"There has never been foot OF
road where the road had to fight its
way by condemnation proceedings
'Not to the best of my knowledge
Gas matter of fact the deeds
were forthcoming even before the
line was laid?"
mo, sir. We have met with no
with the construction of
the road at any point
"Do you anticipate any difficulty if
you were to try to put freight depot
and sidetracks here?"
"You never can tell till you get
down to figures"
$50 far it has been easy to get
the rights of way over the land of
the Ely Townsite company"
Then followed long discussion of
the definition of the words "easy,"
difficult and difficulty" the wit
ness contending that they were rela-
tive and comparative terms, and
counsel insisting upon categorical
answer. When the matter had been
threshed out, witness continued.
I'VE have met with no exceptional
difficulty"
''Have you had any difficulty that
was not exceptional"
''There has been no controversy in
court that I know of"
Have you had any difficulty at all,
either in or out of court?'
mo particular difficulty
"Any difficulty at all?"
Il am trying to tell you by COM
parison. We have built our lines
over the land Of the Ely Townsite
company. What do you mean by
difficulty?' I cannot understand the
question.
Cant you understand that? Can't
you understand what difficulty
means?"
mo one ever stepped out on the
grade and interferred with the work.
There were no proceedings in court,
if that is what you mean
At this point Judge Lindley ap-
pealed to the commission for protec-
teton for the witness from what he
termed the insults of the examining
counsel. The commission held that
the witness was answering to the best
of his ability, and that he had the
right to answer in his own way, and
according to his own understanding
Have you ever been in confer
ence with the officers of the Town
site company with regard to rights
of way over their propertieS?
eyes"
"How many times?"
GAS to the ACTUAL construction of