The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-11-04

ifs complaint that said town became
legally incorporated under the laws
of Nevada as city of the third class,
defendant has no knowledge thereof
and accordingly on Information and
belief denies that said town of Ely
was legally or otherwise incorporated
under the laws of Nevada either as a
city of the third class or any other
class or at all.
These facts and circumstances have
created rivalry between the two
localities among speculative real
estate investors or dealers in which
this defendant is in no sense con-
formed and believes has largely
present proceeding.
AS to the volume of business trans
acted at said city rof Ely during the
last six months, defendant has no
means of knowing. 1t has no reason
to underestimate it, nor does it de-
sire i'm any way to do any act or thing
which will retard the prosperity of
said city of Ely, or underratc it's inn
rortance as a seat of government of
White Pine county, or as a place of
residence or business.
"
AS to the matters and things set
forth in paragraph of the complaint,
this defendant AYERS and shows as
follows:
When it became necessary to fix
with definiteness the route which
said railroad was to follow in order
to reach Robinson canyon, and thence
to the mines. defendant applied to
the then board of county commission
ers for the right to lay and maintain
it's track upon Aultman street-a
broad street and the principal bust
ness street of said town-and there
upon such proceedings were had
before said county commissioners
that on the 1st day of May, 1906,
such a franchise and privilege was
granted. AS the construction of said
railroad approached said town a
strong protest and objection was
raised by the people of said town
against the use of the said Aultman
street for railway purposes. A suit
was thePeupOn commenced in the
District Court of White Pine county
to obtain an ini junction against the
laying of the tracks on said street
and to obtain n decree declaring said
franchise void, which suit is still
pending.
Thereupon meeting was held by
the property owners and the citizens
of said town in connection with an ad-
iourned regular meeting of the Board
of County Commissioners and repres-
entatives of defendant, which said
meeting resulted in common con-
sent being given for construc-
tion of the roadbed and lay
ing of track along Garden street
"a narrow street lying to the
South of Aultman Street. Thereupon
and on or about the 18th day of Sept
ember, 1906, said County Commits
sioners at said meeting duly passed an
!ordinance whereby said defendant was
given the right to construct and MAIN
tain it's track through and over said
Garden Street upon the conditions,
among other things, that said Nevada
Northern Railway should, within
ninety days from the time of laying
rails through Ely on Garden Street,
cause a depot suitable to accommodate
the passenger traffic to be established
and maintained with equipment prop
er and sufficient to handle said traffic
within the limits of the townsite of
Ely as map of said townsite was re-
corded in the office of the County Re-
corder of White Pine County. A
copy of said ordinance OF resolution.
granting said franchise, is hereto an
nexed, marked Exhibit A and made
part hereof. That, although not
so specified in said ordinance, it was
! expressly understood and agreed
with the Board Of County Commits
sioners and the citizens as represented
at said meeting at the time the said
ordinance was passed, that no freight
depot, or side track for other than
passenger depot purposes should be
established, or maintained, within
said tOwnsite limits.
! Within the time prescribed by said
ordinance, defendant erected and con-
structed a passenger depot within
J said town in all respects conforming e
to the requirements of said ordinance
and ever since has maintained the
same.
AS, in the INDUCTION suit herein
! before referred to. to prevent the
laying the track on Aultman Street
the right of the Board of County
Commissioners of White Pine County
to grant to corporation not organic
ed under the laws of the State of New