The news=record. [volume] (Enterprise, Wallowa County, Oregon) 1907-1910, 1908-09-03
RAILROAD SECURES
RESTRAINING ORDER
HECTOR MCDONALD ENJOlNED
FROM INTERFERING WITH o.
r. G. N. RIGHT OF WAY.

Grande, enjoining Hector Mcdonald
from interfering with the laying OF
track on the o. R. & N. right
way across his land. This matter
was reported settled last week, but
evidently the company is going to
take no chances of being delayed
The papers reached Clerk Boat
mans office Tuesday for filing, and
the court order was served by Sher.
iff Marvin thesame day.
The application filed by the attor.
neys for the railroad, says the O. R
& N. company, the plaintiff in thi,
suit, did on Sept. IS, 1905, buy from
Hector Mcdonald and Margaret Nc
Donald, his wife, a strip of land
100 feet wide, so feet on each side
and parallel to the main track OF
plaintiffs railway, and extending
across the ne or. of Sc or. of sec 5
the sw or. sw or. and sw or. Sc or
of sec 4, the n half ne or. of sec 8
W half NV or. and Sc or. NV or. sec
TO- all in township north, of range
AZ e.
1t further cites that plaintiff en-
tered into possession and has con
tinued in possession of said STRIP
of land, that deed was executed by
the defendants on Sept. 1S, 1905
that "the plaintiff has thrown up an0
constructed upon said strip of lane
the grade of its railroad bed, anG
that the plaintiff is prosecuting the
construction of its said enterprise
with all possible diligence and is
building said railroad in good faith
and with all possible speed, and has
laid its track on said railroad from
Elgin to within about one mile of the
property hereinbefore described, an<
has employed in laying said track
and building said railroad and at the
present time several hundred mer
and equipment of the value of many
thousands of dollars, including a track
laying machine, and is laying from
one mile to two miles of track pei
day.
Would Prevent Completion.
That defendant, Hector Mcdonald
has warned and notified plaintiff ant
its agents and employees that he
will not permit it or them to lay OF
construct its track over or upor
said strip of land, and has threatened
to and will unless restrained by this
court from so doing, enter upon sale
strip of land and repeatedly trespas.
upon the same and prevent this
plaintiff or its agents or employe.
from building its said track over OF
upon the same, and will, unless 81
restrained, tear down and remov.
any contraction work done by sale
plaintiff and will prevent plaintiff
from completing the construction O.
the said railroad on through to 10
seph.
Would Work Great Damage.
That if the plaintiffs said enter
prise is thus blocked and held III
by the said defendant, the compile
tion of its said enterprise and the
completion of the said railroad will
be indefinitely delayed and that the
season within which said construc
tion work can be done for the pres
ent year will end late in October OF
early In November of the present
year, and If plaintiff is thus annoy
ed and harassed it will be unable tc
complete its railroad to Joseph. ant
1t will suffer great and irreparable
damage and loss, its employees en-
gagged in said work will disband and
its said enterprise in which it has
| already one million dollars invested
will lie dormant and useless for an
Indefinite period of time, and tina
the citizens and residents OF Wallowa
county, who need and are awaiting
with great anxiety the completion
the construction of said railroay
that they may move their crops the
present season, will be denied trans
portation facilities and great and
irreparable damage will be suffered
not only by this plaintiff, but by the
entire community into which sait
railroad is being constructed
The petition asks that pending 2
hearing, a temporary injunction and
restraining order be issued inhibitlnR
and enjoinlng the defendants or eth.
er Of them, from interfering with
plaintiffs said land and further
asks that after the hearing that the
Injunction be made permanent, and
that a decree be entered decreelne
that plaintiff is owner In fee simple
of the strip of land and quletlng the
title.
The petition Is signed by w. w