The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-12-08
JUDGE WRIGHT CONSIDERED
\ THE JENS~J j. 0PSAHL WRIT
Motion Made to Quash the Writ for Reason that Stateme
of Facts Are Inecient-..Looks Like Unloyal Attempt
ii: to Block the Construction of the 500. @%*

|.certiorari, the respondent appearing
especially TO-: move to quash the
writ on tic ground that the petit
TONER { Representive J.. J. OpshaD
did not ..t.te>.uaicient facts to en-
title The petitioner to the relief asked
tor or to any relief whatsoever.
!: Judge Spooner submitted some
Ten reasons in support of his motion
10 :set asideF;the writ and gave a
strong=argunent in support thereof.
Judge Spooner. in beginning his
argument, said that he would
state that the people Of Bemidji
desired the construction of the 500
railway through Bemidjl in the
building of the proposed main line
Of the 500 from Chicago to Winni-
peg: Will that end in view all
citizen. Of Benidjii with the creep
ton of ! very. very few. had put
their shouh1eEs TO the wheel and
|pdt forth zstnpendous efforts to
secure the linz. That the construc-
ton Of tie main line of the 500
through BemidtijGi would be of great
and lasting benefit to the City Of
BemidU - one, for a;c.moment,
doubted, sid the judge.
This wi. which was issued at the
instie.tisa Of Representative Jens J.
opsahl, =ras the only instance
where there had been a protest made
against the construction of the 500
=, L *
~ ,eity council, to facilitate the
conttrnctioA Of thesToad through the
[the*citT by resolution has given a
portion Of the highway known as
the Mill road" in order to furnish
an entrance to the city.
This writ,", said Judge Spooner,
is / nondescript attempt to have
tic resolution. adopted by the coun-
eli: reviewed aad:~ have the court set
aside the resolution because of the
fact' that the: mayor did not allow
four days to lapse before signing the
resolution. but signed it the next day
after its passage" E
Continuing, Judge Spoonere stated.
that the writ on: its face show s. that
Jens J. Opsahl. was a citizen of
'Bemidji and a heavy taxpayer
presumably the. townsite of Lavinia
on the NJ. 4 l.. railway, at the head
Of Lake Bemidji; and probably some
property in the City of Bemidji;
that the writ shows that Jens J.
Opsahl has fear that his horses will
become scared and cause him great
Inconvenience.
Judge Spooner stated that: :atthe
Crookston Lumber company had
given out that it. would seare for
road alongside of its PROPERTY and
Mr.. Gemmell, general manager for
the NJ. & I. Railway company, had
been talking with the members of
Commercial club and other citizens
of Benidji relative to ;,he donation
by that railway, company of ad-
Editional land, sufficient III; "a good
road through the :''M \! ; thorough
fare. - =: =
Nh. op.h.l did eet rse.te |iq< his
petition that he is affected other
than the community e ~51arge las
far as the use ::ots tpe street com
planned of is concefneR
Judge Spooner then went into
the history of writs of certiorari and
quoted numerous authorities. He
claimed that the petition demanded
the bringing up of the prodceediogs
of the council for inspection only.
The command in the writ was
directed to the city ceepeii and city
clerk, not the 500 railway Or the
mayor. Nothing further was asked
than to- review the records, not TO
set aside and make void the pr, :
ceedings; no other relief was asked.
Judge Spooner commended that the
function of the writ in this instance
did not pertain to the mayo,
because the act was legislative III
character and not judicial or quasi
judicial. -~s. -, :,
In performing its duty to- the
public, said the judge, the city