The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-09-07
START ACTION
AGA 'NST N. N. co.
Attor z Appointed By CONNER,
cia Iub Committee Petition
For Writ of Mandate
FREIGHT DEPOT. IS DEMANDED
Alleged That IsailrOad Company Has
Violated Its Legal Obligations
To The Public.

The committee consisting of d. S.
Dickerson. r. H. Richardson, and
II. V. MelGy, appointed by President
Witcher of the Commercial club to
instigate proceedings against the Ne
vada Northern Railroad company to
endeavor to enforce that corporation
to build freight depot in Ely, has
commenced action. Attorneys S. ID.
Crump and b. w. Coleman were en-
gagged by the committee to commence
proceedings and yesterday a petition
to Judge brown of the Fourth Judi
cial district court praying for a writ
of mandamus against the railroad
company, was filed with Deputy Clerk
Oldfield.
H. F. Bartine, j. f. Shaughnessy
and Henry Thurtell, the members of
the Nevada Railroad commission,
have been sent copy of the petition
for the writ of mandamus and have
been invited to come to this city and
investigate the situation.
The Petition.
The petition reads as follows:
To The Honorable Geo. S. Brown,
Judge of the Fourth Judicial Dis
trict, State of Nevada;
Comes now the State of Nevada,
by d. S. Dickerson, II. V. Meloy and
r. H. Richardson, Realtors, and on
oath make and file this Petition for
Writ of Mandamus, and for grounds
for the issuance of the said writ,
your Relators respectfully show:
That your Realtors are citizens,
residents, property holders and tax
payers of the City of Ely, County of
White Pine and State of Nevada,
which is more particularly herein
after described, and as such, are in
terested in like manner with all 9TH
ers similarly situated in the subject
MAJ Of this controversy and in the
reliet hereby sought.
That the respondent, Nevada
Northern Railway Company is, and
during all the times mentioned here
in, has been railroad corporation,
created and existing under the laws
vi tllc oldlc VI NdlUc, InuJ Sdlu COLL
pany was organized for the purpose,
among other things, of. constructing,
maintaining and operating railroad
or railroads in any part of the world,
and for the purpose of transporting
passengers, freight, mail, express and
other things, and to that end, to ac-
quire control and own all necessary
or convenient switches, side tracks,
tnrn nntc tnrD,i ,ina1c ana1ino
water and other stations, machine
shops, freight and other buildings,
and appurtenances, necessary or con-
venient in the successful operation of
railroads, subject always to all law
full conditions and regulations i'm
posed by law; that thereafter the
said Nevada Northern Railway Com
pan took such steps as to be entitled
under the laws of the State of Ne
vada to transact business under its
Charter and Articles of Incorpora-
ton within the boundaries of said
state.
That acting pursuant to it's said
Charter, and pursuant to the powers
and privileges therein granted and
reserved, the said Company built and
constructed commercial steam rail-
road between the town of Cobre and
the town of Ely, in said State of Ne
vada, covering a distance of about
one hundred and forty (140) miles,
and ever since the completion of the
said road and on or about the goth
day of September, A. ID. 1906, the
said Company has maintained and
operated the same between the said
points and has ever since continu
Ously, and now does, act as COM
mon carrier in the transportation of
freight and passengers for hire over
it's said railroad: that as to the busi-
ness of said Company in carrying
freight and passengers for hire, the
City of Ely, which was formerly
known as the town of Ely, is the
southern terminus of said road, and
the said town of Cobre is the north
ern terminus.
That for more than twenty years
prior to the construction of the said
railroad, the said town of Ely had
been, and until about the 9TH day of
June, A. d. 1907, continued to be an
unincorporated town, exercising
through the proper authorities and
pursuant to the provisions of the
laws of the State of Nevada the func-
tions of municipality; that upon
the day last aforesaid, the said town
became legally incorporated under
and pursuant to the laws of said
State as city of the third class, and
ever since has enjoyed and exercised
the privileges and powers of such in
corporated municipality; that dur
ing all of the years aforesaid, the
said town and city of Ely has been
the County Seat of the County of
White Pine, in said state, where all
public and official business of that
county has been performed, and is
the chief and most important COM
mercial center of said county and
over territory of over one hundred
(100) miles square: that said City
of Ely is the only town or city or
business center of any Importance on
the said line of railroad that there
are within the incorporated limits