The weekly times-record. (Valley City, N.D.) 1912-1922, 1913-02-27

Line case here several weeks ago
was received by Herman Winterer,
senior counsel for the city, and Lee
Combs, who worked in conjunction
with him, together with L. S. B. and
D. S. Richie. '
The decision is a sweeping victory
for Valley City, and makes certain
the fact that all trains with the ex-
ception Of Nos. one and two will run
through the city after April Is. A
new and adequate depot will be erect
ed before December 18th of this year,
Local business men who have been
active in pushing the action against
the road are of the opinion that the
Northern Pacific will accept the de-
cision of the railroad commissioners
with the possible exception of that
part referring to the depot, which
point they may contest.
Following is the text of the decis-
ion, in part:
We shall not undertake to go into a
recital of the circumstances which
has led up to this petition further
than to say that, after the construc-
ton of the so-called high line at VAL
ley City, these same petitioners, fear
ing that the railway company intend
ed to remove all of it's freight and
passenger service to the high line, Pc
titioned the state district court for an
Injunction to prevent the removal Of
the train service to the high line,
which proceeding was transferred to
the United States district court and
was tried upon it's merits by Judge
Amidon, and he dismissed the pro-
ceeding for want of jurisdiction,
stating that it was a matter peculiarly
within the jurisdiction Of the State
Board of Railroad Commissioners;
whereupon his petition was filed with
this commission. During the pend
ency of that action a temporary re-
straining order seems to have been in
force preventing the removal Of the
train service. In 1909 during the
Seattle exposition, the Northern Pa
cific Railway Company put into SER
vice an extra through passenger train
known as the Exposition Special and
in order that there might be no doubt
as to whether the running of this train
over the high line was in violation Of
the temporary injunction, an applica-
ton was made to Judge Amidon for
permission to run this train over the
high line, and it became incumbent
at that time upon the court to deter
mine the question whether the City Of
Valley City was receiving an ade.
quate train service without the Expo
sition Special making stop at that
point, and in passing upon the ques-
ton Judge Amidon, after goin into
the matter quite carefully, held that
the three trains each way then in SER
vice furnished an adequate train SER
vice for Valley City, and permitted
the Exposition Special to be trans.
ferred to the high line.
It is true that Judge Amidon did not
say that less number of trains than
three might not have furnished ade'
quate service, yet it is apparent from
a reading Of the opinion that it was
only because of the amount Of service
then given that he agreed to the re.
moval of the Exposition Special as
stated, and at that time two Of the
three through trains in service carried
ssleepers and ran from St. Paul
through to the coast or to points in
Montana and Idaho, and the third,
known as the Minnesota and Dakota
local, was operated between James.
town and st. Paul. 1t is also true that
Judge Amidon's own decision, after
wards made, stateing that he had no
jurisdiction of the subject matter rem.
dered this interlocutory decree of no
value as precedent, yet this commits
sion is not disposed to ignor the i'm.
portance of Judge Amidon's view of
the situation.
The hearing at Valley City on Jan.
uary 9th, 1913. was given a wide lati.
tude when all was said and done the
situation dissolved itself practically
into aquestion as to what comprised
adequate passenger and freight SER
vice at it's down town station for a
city of the size and importance Of
Valley City. The size of the atten.
dance at this meeting convinced the
commission that the meeting had
been properly advertised and that the
entire city was adequately represent