Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1909-12-27
A. D. DEVONSRIRE INSTITUTES
SUIT IN SUPERIOR COURT.
Will EnjOin County commissioners
from COnSumatinQ the lniquitOUS
Deal. Papers Filled Last Friday,
and Eminent Counsel Retained to
Prevent Loss of Highways.

The grant Of the Wheeler fran
chise by County Commissioners Ar
land and Davis has stirred Chehalis
county from center to circumference
as has no other action of this board
albeit, some of them were tolera-
bly, rank, too. The passage OF a
franchise granting the public roads
to a private corporation in perpetu-
ity. with the privilege of building
thereon trolley railroads, telegraph
or telephone lines, laying water or
other pipe lines, with absolutely no
restrictions or safeguards for the
public has heavily discounted any
thing so far of record in the crooked
franchise granting line. Had the at
tempted concealment of it's legal pub
lication succeeded, and its passage
confirmed before the public became
aware of the iniquity, the PROPOSE
tion would be worth cool million
dollars on the market today, and
$5O,000,00O in 25 years.
But, thanks to it's exposure by the
Herald the scheme is to be nipped
in the bud. Since that exposure, the
promoters of this iniquity have an
nounced a willingness to modify
the munifiicient gift handed them by
officials sworn to care for the peo-
ple's interests, and, with the propos-
ed notifications would still be worth
not less than $4,000, for which they
nay nothing. TO put stop to this
monumental piece of graft suit was
instituted in the superior court Fiji
day, by A. d. Devonshire, president
of the Montesano State bank, and
others to enjoin the county commits
sioners from consumating the lnqul-
tous deal.
Funds have been raised to fight
the scheme to finish, and the fol-
lowing counsel have been retained
to handle the case in the courts: e.
w. Hodgdon, Hoquiam. W. l. Agnew,
7. c. Hogan and w. w. Langhorne,
Aberdeen, and l.. Frank Brown, Seat
tie. secretary of the Good Roads AS
sociation, and Attorney General Bell
stands ready to take a hand on be-
half of the state when required.
The complaint filed Friday sets
forth that the commissioners nave
no right to delegate authority TO To-
cate the proposed interurban line to
the county engineer, that the grant
for the maintenance of pipe lines,
telegraph and telephone lines, eX-
ceeds the limitations imposed by
state law, the grant being for 90
wears. while the state allows but 20
wears: that the commissioners are
without authority to make the grant
since the roads over which the in
terurban is designed to run are state
I,t hn e,tn H.
way commission must be first con-
suited before grant OF this klnd
is made. The complaint says that
the franchise would be gift OF
public property worth at least SOU
900" The complaint alleges that 1t
is the purpose and intention or the
said C. w. Arland and George Davis
(acting as commissioners for Cheha-
lis county, to make and enter an
order granting the authority applied
for in sail franchise" at the next
meeting Of the board, January 3.
In conclusion the complaint says:
"That said contemplated action or
said commissioners, in attempting 10
grant said franchise, is against pub
lie policy; that it is an abuse or their
discretion so far as they have pow
er to act in the premises; that the
interests of the public have not been
safeguarded and protected as to mat
ters wherein, they, as county com
missioners, have authority to act;
that the greater part of their action
in regard to same is an excess OF
their jurisdiction and void; and that
YOUR petitioners have no plain.
speedy or adequate remedy by appeal
or at law"
The complaint asks that reason
able restrictions be thrown about
the franchise and that wheeler De
instructed to show that ne IS imam
cially able" to build the line, author
ity for which is allowed in the grant.
Deyonshire will probably be Joined
with several others in the petition,
though he appears as the only COM
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