The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1912-04-25
JUDGE WEBSTER REFUSES TO
GRANT PERMANENT RE.
sTRAiNlNo ORDER.
DECISION IS POPULAR
junction and Contractors Give Notice
That They Will Commence Oper-
ations Today--severai Carloads OF
Brick Already Here for Use.

Judge Webster yesterday refused to
issue an injunction restraining the
mayor and city council from going
ahead with the paving of Higgins
avenue and Front street. lie also dis
solved the temporary restraining order
issued ut the time the request for the
injunction was filed. The news was
good news and 1t travelled fast 1t
even eclipsed baseball during the
morning hours and the judges verdict
was altogether popular.
The petition praying for an injunc-
tion was filed a week ago last Mon
day and was argued before Judge Web
ster Saturday. 1t took all of the
afternoon for the attorneys 10 get their
arguments before the court. The de-
cision was 10 have been handed down
by Judge Webster Tuesday morning,
but was postponed on account Of the
fact that neither side was represented
In court. Yesterday morning City At
torney Woody was present and the
Judge rendered his decision which
reads as Follows:
''The court having considered the
arguments and admissions of counsel,
counsel having furnished briefs. and
the court being advised in the premises
and defendants having shown suffi-
cient cause why the injunction as
asked for by plaintiff should not be
granted:
1T is ordered that plaintiffs appli-
cation for an injunction be and Is here
by denied and the temporary RESI-
training order heretofore issued be and
is hereby dissolved and defendants re-
cover their costs herein expended.
"To which ruling plaintiff duly ex-
cepts"
May Appeal Case.
II. III. Parsons. who assisted Judge
Clayberg of Helena as attorney for the
plaintiff, stated last evening that the
matter was entirely legal one and
that he had nothing TO say In regard
to the decision made by Judge Web
ster. "The case will probably be ap-
pealcd and taken to the supreme
court" said Mr. Parsons, but I have
no definite advice in regard to this :
Verdict as Expected.
Both George c. Dietrich. the con-
tractor who has charge Of the work on
Higgins avenue and Front street, and
his superintendent. p. 4 Wiltse. were
ue1tkHteu WIFI IHe NtTHltl IdHueu
down by Judge webster yesterday
while we are very glad that the
judges decision was what 1t was,' said
Mr.. Wiltse, I'VE were not surprised
and. In fact. II was what we had ex-
pected all the time We had great
confidence in the integrity of the court
and felt that we could depend with
safety on Its good Judgment. 1t would
have meant great setback to Mis-
sofia. II the work of paving had beer
stopped here this year and for the
towns sake, as well as for the in
convenience which the judges decision
has saved us, we are delighted with
his verdict
Work on he avenue will be started
tomorrow" continued Mr.. Wiltse. "The
first thing to be done Is the grading
and we expect to get started tomor'
row on that work. Three cars o
brick have been delivered in Missoulf
and the fourth Is on its way here now
We will not ask for any more deliv'
cries OF brick until we get some con-
crete work down. AZ Mr.. Dietrich hal
stated, we expect 20 commence thu
grading at the Higgins avenue bridge
on the west side OF the street and i
will be our aim to dlscommode traffic
ms little as possible. We are confiden
Of our ability to give the city first
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