The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-05-27
ACTION TO CLEAR
BRIDGE STREET

Yesterday H. Warren began a suit
in the District Court against Chris
Diehl and Catherine Diehl, his wife,
asking for an order restraining de-
PENDANTS from building retaining
wall in front of their Bridge street
property, using four feet of the street.
The complaint sets forth that q
rock wall four feet in front Of the
Diehl building will be an obstruction
to the street. The plaintiff says that
he is informed and believes that one
c. Z. Haviland, county Commissioner,
purporting to act for the board of
commissioners, but without authority
or jurisdiction to do SO, granted to the
defendants the right or pretended
right to construct and maintain said
obstruction; that the plaintiff request.
ed Mr.. Haviland to use his authority
and the powers Of said board Of com
missioners to prevent the obstruction
from being built, but that Mr.. Havi-
land neglected and refused to do 30
and on the contrary is pretending to
authorize and allow the same; that
therefore it is useless to invoke the
legal interference of the board to pro-
tect the rights of the public in said
street.
Plaintiff asks for a temporary re-
straining order and that defendants
show cause whv same shall not be
made permanent.
Owing to the absence of Judge
Ducker in Fallon, the petition will not
be heard for several days. In the
meantime work has been abandond ON
the wall, which was commenced yes
terday morning.
Commissioner Haviland Explains.
When asked this morning by q rep
resentative of the Silver State If he
or the board had donated four feet Of
the street to Mr.. Diehl, Commissioner
Haviland replied in the negative, sub
stantially in the following language:
'Since the county undertook the
work of grading Bridge street, it has
been the aim of the board to get along
in an amicable and neighborly man
ner, placing property owners affected
to as little inconvenience as possible.
The statement that we have cut to
the property line in every instance is
not correct. Had we done SO, all trees
along the line of Bridge street would
have been rooted out.
At the last meeting of the board
was informally instructed to Offer NO
objection to Diehl using four feet of
the street in building his retaining
wall. The board had no authority to
give away any portion of the street,
and in fact it was not done, as an ex-
animation of the minutes will show.
Diehl was told that if he went ahead
and used four feet of the street ON his
own responsibility, the board would
take no official action to have the OBJ
struction removed"
Charleston Hill Case Monday.
The case Of J. w. Lorge VS.. H. War
rem, ct al, has been set for Monday,
and it is expected Judge French will
arrive some time tomorrow for the pur-
pose of hearing the action. This 10 the
second of the cases growing out Of the
Charleston Hill mining litigation, the
first having been tried and submitted
to Judge French some months ago.
Unusual interest is centered in the
outcome of the action, as the control
of the valuable mining property hangs
in the balance. Platt & Gibbons will
appear for plaintiff, while defendants
will be represented by Bonnifeld q
Brandon, H. Warren and L. G. Wilson.
Court Notes.
Thursday ID. j. Hadley fled his final
account as administrator Of tho eatate