Devils Lake weekly world., 1912-02-23
FRED DTRAYN0R
OBJECTS To
. STORY : j

UIUIIl - u
The World is in receipt of commuu
ication from Attorney Fred Trayno
and in order to give him voice in con
tradiction to what Tho World believe!
vas a correct report in its Thursday
issue, we quote him in full. The fact
chat an outside judge was wanted ir
the case naturally delayed it and then
to suffer defeat after all the play for
time, was indeed hard blow. The fact
that it is to be taken to the supreme
court, and it has been said all along
that in the event it was lost it would
be taken there, is sufficient evidence
that it is play for time to give Mr..
Kerlin q longer lease on life. That is
what The World said in it's issue of
Thursday and it sticks to it, despite the
fact that it is hard blow to Mr.. Tray
nor to lose in the first round, as the fol-
Nowing would indicate:
70 the Devils Lake World:
Your reporter having evidently been
Rlisinformed as to some of the facts
with reference to the injunction suit
Of Kerlir VS.. City Of Devils Lake, I
ask you to kindly give this statement
as much prominence as your news item
with reference to it in your paper of
February 18th.
There has been at no time dispo-
sition on the part of the plaintiff to
delay this case. The papers in this ac-
ton were presented to Judge Cowaa
on Dec. 14th. 1911, and temporary
restraining order signed by him, also
An order to show cause requiring the
defendant City of Devils Lake to ap-
pear in court On the 21st day Of Decem-
Der, 1911, to show cause why a tenn
porary injunction should not be issued.
On December 18th, Mr.. Cuthbert, at
tosney for the City, requested that the>
time for hearing: on the order to show
cause be continued, and at his request
We prepared written stipulation
which was signed by him in behalf Of
the defendants and by Flynn & Traynor
in behalf Of the plaintiff, continuing
the time for hearing until January 10th,
and in that stipulation it was agreed
that the temporary restraining order be
allowed to continue in force until hear
ing thereon. Flynn & Traynor were
ready at all times to present their ar.
sument on that temporary injunction
matter and at no time requested any
delay. On January 10th. Mr.. Cuthbert
vas at Rolla, busily engaged in the
trial Of cases there and the hearing
could not be had then. So the matter
went overtfor the present on that &C:
count. It was understood that another
judge WIS to be called in for this case.
When Judge Fist was in Devils Lake
between January 22nd and January
e5th, I personally spoke to both Mr.. |
and Mr.. Cuthbert about bring
ing the matter on for hearing before
judge Fisk and told them that was
ready 1t any time. During that week
also. Alderman Ohnstad asked me what
the status Of the matter was and I told
him I was ready to argue the matter
at any time Mr.. Cuthbe.t and Mr.. Nc,
Glory were and that the time had been
extended for their accommodation.
Understand that tho foregoing has
reference only to the motion or order
70 show cause for temporary injunction
which should be in force until the ac- |
tion could be tried on its merits. A
summons and complaint was also filed,
in this action and under the law that
complaint must DO answered within
thirty days by the defendants. The thir-
ty days expired on January 18th. On,
that Last day, January 18th, Mr.. Cuth-
bert requested that his time for ans
wering be extended for a further per-
lod Of 80 days. We agreed to extend
the time to accommodate him and a
written stipulation was drawn up by
Mr.. cuthbert and signed by him as
attorney for the defendants and by
Flynn & Traynor as attorneys for the
plaintiff extending tho time within
which the City Of Devils Lake, P. J.
McClory, Mayor, and S. G. Jones. Audi
tor, might answer for thirty days
more, Or until February 18th. In other
words the City took sixty days to pre-.
pare it's answer in this case. The very
next day after the City served its ans
wer arrangements were made to bring
on the argument before Judge Winches-
ter on the temporary injunction mat
Ter as soon as he could reach it and this
was done. .-a
Your report Of the hearing states
that, or in effect gives the impression,
that the case was tried on its merits
and testimony introduced and that up
on such testimonv r. was fonnd that