The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-09-07

OF said prohtS nave been so MADE by
said Comuany solely from the carry
ing of passengers and freight to and
from the said City of Ely; that said
unlawful and wrongful acts and con-
duet of the said Company constitute
continuous and public wrong, are
directly discriminatory against the
said City of Ely and its inhabitants
and in direct violation of its duties
and obligations as a common carrier.
Your Realtors further aver, upon
information and belief, that all of
the said wrongful and unlawful acts
and violations of law have been
frauduently conducted in order To
seriously and permanently cripple
and injure the said City of Ely, and
the citizens thereof, in this, to-wit:
that the said Company, confederat-
ing and conspiring with certain in
dividuals and certain Townsitc
Company, known and designated as
the Ely Townsite Company" have
been attempting, and are still at
tempting by such unlawful and dis
criminatory conduct to build up and
establish rival town or city to the
irreparable damage of the said City
of Ely and the inhabitants thereof;
that as your Realtors are informed
and verify believe many of the same
individuals who own large shares OF
stock in the said Nevada Northern
Railway Company, own also shares
of stock in said corporation known
as the Ely Townsite Company, which
prior to the construction of said
road had come into possession of a
large tract of vacant land about two
miles from the said City of Ely, and
in order to speculate in town lots.
and to derive large profits from the
promotion of new town, the said
Nevada Northern Railway Company,
through its agents, officers and
stockholders, so conspiring and con-
federating with the Ely Townsite
Company, its agents, officers and
stockholders, fraudulently, deliber-
ately, and for the purpose of car
rying out such unlawful and dis
criminatory purposes, refused, and
ever since have refused, to construct
and to maintain a freight depot at
the said City of Ely in order that
people might be induced to purchase
tut lOtS anu W tSluDllSH DuSl-
ness houses in said so-called ELY
City which is an unincorporated
collection of houses and business
places chiefly occupied by the pro-
moters of said Townsite Company
and their employees, and to prevent
the investment of money in business
enterprises in the said City of Ely;
that by misrepresentation, false
statements and in all other possible
ways, the said Townsite Company, so
conspiring with the said Railway
Company, have sought and do still
seek to destroy the commercial val
ues and the real estate values of the
said City of Ely for their own per-
sonal gain, and that said respondent
Company has so failed and refused
to construct and maintain a freight
depot at the said City of Ely for the
sole purpose of aiding and assisting
the said Townsite Company, and its
promotres, in such unlawful pur-
poses.
That Respondent Company owns
and maintains, as aforesaid, a pas
sennger depot at and within the said
City of Ely, and owns and controls
sufficient land upon which to con-
struct and maintain a suitable depot
for the accommodation of the public
therein, and the said City of Ely,
and the citizens there of, are entitled
to have the said Nevada Northern
Railway Company, as a common car
rier, construct and maintain proper
freight depot at some suitable and
convenient place within the limits
thereof; that the said City of Ely,
and the public, have no speedy, ade-
quate or other remedy at law, and
unless the said respondent, by the
proper writ of mandamus, be COM
PEELED to construct and maintain
freight depot as aforesaid, the finan-
cial loss and damage to your Relat-
ors, and to all of the citizens of the
said City, and to the public general
ly, will be irreparable; that they will
be compelled to continue in the pay
ment of unlawful tribute in hauling
freight from the point where the said
Company so unlawfully discharges
the same; will suffer innumerable
losses and delays in the transaction
of business; their property values
will be diminished and constantly
decreased, all of which losses and
injuries are such as cannot be COM
pensateed for in any action at law,
but on the contrary any attempt to
enforce by such proceedings the PEN
alties and liabilities to which the de-
PENDANT Company may be subject,
would result in multiplicity of
suits wherein the measure of dam
age would be too uncertain for COM
putaton; that the respondent Com
pany has been repeatedly requested
to furnish proper freight depot IA
cilities for said City of Ely, but has
ever refused and still does refuse
to comply with such requests.
WHEREFORE, Your Realtors