The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-26
MOVES TO KILL
ORDER FOR FREIGHT DEPOT
Action Will Assist Ely Council in Negotiating For
Northern's Acceptance Of Franchise Over Streets
Of Town. Council Agreed on Franchise Form

For many weeks Ely citizens have
daily arisen and looked over toward
ire railroad track with expectation
of seeing work under way on the
freight depot which the state railway
commission early in the year ordered
built. Signs OF the desired activity be-
ing principally noticeable through
their utter absence. Elyites have VEN
|tured numerous queries of late as to
when the work would commence.
A partial answer came about last
evening, when David Graham, U. S.
deputy marshal, arrived in the city
from Carson for the purpose of sub
poenaing witness to testify in injunc-
tion proceedings started by the Ne
vada Northern against the commits
sion These proceedings are for the
purpose of putting aside the decision
of the commission In the depot mat
ter II the result is not abrOgation
OF the depot order. the steps taken by
the railroad will at least delay in-
definitely the building of the depot.
Marshal Graham came into Ely
quietly last evening, registering at an
Ely hotel Shortly afterward with
Constable Tom Wilson he started in
search of his two witnesses. H. V.
MeIoy and District Attorney c. A.
Eddy, both of whom he served within
a short time.
In speaking of the matter, Mr.. Gra-
| ham stated that he had been inform
ed that the chief witnesses of the
railroad company in the case were
to be the members of the commits
sion. Just what line their testimony
will follow Is not known.
The news that the railroad is pre-
pairing to fight the order of the
board will doubtless come as sur
prise to the people generally at this
time. as 1t had been supposed that
they were prepared to build II the
citizens did not volunteer the permits
sion not to do so. That they did no
hunger to build, however. was taker
as evident when the ordinance for ;
franchise on Clark street was pre-
sented a few weeks ago. At tina
time a resolution which the loca
representatives of the road wished
the council to pass was presented de
claring that in return for the railwa,
company giving Ely the privilege o
lsuburban train service into the hear
of the town. Ely would waive al
right to a freight depot under thu
decision of the commission. Thi:
was turned down, the councilmen de
claring that they could take no sucf
action.
The decision of the railway com
mission was reached after a hearing
of much length and great verbosity IL
Ely in November last 1t was no
until early In the year that decision
was finally handed down. 1t was not
mandatory as to site. merely order
ing that depot be erected in the
city limits of Ely within 90 days
The hearing of the injunction pro
ceedings will be had during the early
part of August. Mr.. Graham states
The exact date is not fixed. Mr.. Gra-
ham will leave this morning for Reno
and Carson.
Regarding the injunction proceed
ings, they would seem to be in line
with the wishes of the Ely council
If they have the effect of abrogating
the freight depot order, the council
having appeared In favor of reliev-
ing the railroad of this order but
lacking the power to do so. II is
therefore presumed that the action OF
the railroad In bringing the suit Is
in harmony with the wishes of Ely
under circumstances as they exist
now.