The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-04
Comprehensive Statement
Is Filed With the State
Railroad Commission.
|sINTEREST|NG READING.
Railroad Enters Fully Into Ali De.
tails Associated With Action.
The Complete Document.

After prelude in legal form ad-
mitting identity etc. the Nevada
plant, beginning with paragraph 8,
as follows:
Answering the matters and things
set forth and alleged in paragraph
3 of plaintiffs complaint, defendant
AYERS that pursuant 10 the powers
and privileges granted to it, said
defendant built and constructed a
commercial standard gauge steam
railroad from the town of Cobre in
the state of Nevada to the developed
copper mines of the Robinson mining
district, White Pine county, about
6.1S miles west of what is now known
as the city of Ely, total distance of
1883 miles
Denies that said town of Ely, or
what is now known as the City of Ely
was, or is, the southern terminus of
said railroad, or was ever intended to
be such terminus; AYERS that the
primary and controlling inducement
for the construction of said road was
to reach the developed mines of said
y
and mining supplies to such mines
and transport the ores from said
mines to such smelling and reduc-
tion works as might be constructed
on the line of said road, or adjacent
thereto; that what was then called
the Town of Ely was situated at the
mouth of Robinson canyon mar
row canyon between said mines and
said town of Ely-and to reach said
mines it was necessary to construct
said road through said Robinson
canyon and pass through said town
of Ely, or over lands in proximity
thereto. Said town or city of Ely is
therefore an intermediate station be-
tween the terminal of said road and
not a terminal station, as alleged and
set forth in said complaint.
Admits that it's railroad was COM
pleted and put in operation for the
carriage of passengers and freight be-
tween Cobre and said town of Ely on
September 80, 1906; that subsequent
ly thereto said road was extended
beyond said town to a point in the
vicinity of said mines and that ever
since said date said company has been
engaged in the business of common
carrier of passengers between said
town, or city, of Ely and its northern
terminus at Cobre, and has been,
and now is, engaged in transporting
freight between said mines and
the town of Cobre, and inter-
mediate stations, including it's station
for said town or city of Ely, as here
matter more particularly specified.
w.
Answering the matter and things
set. forth and alleged in paragraph
of said complaint, plaintiff AYERS
that said town of Ely was an unincor-
porated village for many years prior
to and at the time of the completion
of said railroad to said town; that
said town was at all times during
said period, and said city of Ely now
is, the county. seat of White Pine
county.
Until it was determined to build
said railroad to said town it was
small village containing about three
hundred inhabitants. 1t was col
lection of houses built principally
along a main street known as Ault-
man street, with occasional dwellings
on other streets. Since the COM
pletion of said railroad, whereby ex-
tensiye mining operations in said
'N>s''''~
assured, said town has grown in size
and population. Many new and sub
stantial buildings for business, and
dwellings,, have been erected. Its
present population is approximately
$500.
That long prior to the incorpora-
tion of the city of Ely, as hereinafter
alleged, certain corporation, known
as and called the Ely Townsite Com
pany, acquired large area OF land
partly within the corporate limits OF
the present city of Ely, but for the
most part outside of and adjoining
said corporate limits, and sub
divided a portion thereof into lots
and blocks, laid out and improved
streets and commenced the erection
of many substantial buildings and
other improvements.
On April 20, 1907, :under and pur-
suant to an act of the legislature
entitled "An act providing for the in
corporation of cities, their classifca-
tion, the ablishment and altera-
tion of their boundaries, the
government and disincOrporation
thereof, and repeating all acts and
parts of acts in conflict herewith
approved March 27, 1907, a majority
of the qualified electors of the former
town of Ely applied in writing to the
District Court of White Pine County
to be organized into town or city
of the third class. The boundaries
of said town were fixed by said
petitioners and were so defined as to
exclude the freight depot and yards
heretofore projected and estab-
lished by defendant as hereinafter
set forth.
On July 20. 1907, the Honorable
Secretary of State issued his certi-
ficate of incorporation of said city of
Ely. AS to the allegation in plaint-