The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1915-09-24
DECISION IN
INJUNCTION
CASE MONDAY
Judge Fesler Takes Matter I'm
der Amusement at Conclu.
sion of Hearing.
AFFIDAVITS MADE
ARE REPUDIATED
Mayor Power Accepts Opportun-
ity to Indulge in Character
istic TRADE.

At the conclusion Of the hearing be-
fore Judge Bert Fesler in Duluth, last
night as to whether or not the village
officials of the village of Hibbing
should be enjoined from paving Third
avenue between Hibbing and it's su-
burb of Alice Judge Fesler announced
he would take the matter under ad-
visement and that his decision would
probably be forthcoming Monday.
A characteristic TRADE by Mayor
Power against the mining concerns
featured the hearing. It was pro-
voked when the Rev. Mr.. Adair, pas
tor of the Methodist church at Hib-
*bing asked to have Withdrawn an ma saffffi- Ell
davit he had made concerning the de-
STABILITY and necessity of paving the
Hibbing-Alice highway. Adair was
promptly accused of having submit
ted to mining company pressure. He
declared that he had not fully under
stood the affidavit he signed and
could not subscribe to some of his
statements. His signature to the
affidavit was solicited and secured by
Rupert Swinnerton, a member Of his
congregation and also a member of
the city council.
Pastor Would Qualify Statements:
Rev. J. B. 1dstrom, pastor Of the
Swedish Lutheran church at Hibbing,
it appeared from the evidence was
another who sought to qualify certain
statements he had made in an affidavit
he signed without thoroughly under
standing it. Mayor Power TRADED the
court as a result. He designated the
mining interests during the course
of his remarks as ~prowling pirates
who are doing their best to throttle
Hibbing."
Affidavits by Former Council.
Among the affidavits presented in
rebuttal of those Of the village were
those of DR.. H. r. Weirick, former
mayor of Hibbing. Peter McHardy,
J. ]. Cox and A. H. Kleffman. They
denied as had been asserted in the
affidavits of the plaintiff that they
had been controlled or directed in any
way by the mining interests.
The rebuttal affidavits presented
by the plaintiffs had to do mostly
with denying necessity for the con-
duit through Alice, carrying the wat
ers of Penobscot creek. It also was
denied that the village councils of
1911 and 1912, were elected or con-
trolled by the mining companies or
ever were known as the "Oliver Iron
Mining company councils"
Ditch Equal to Conduit?
The affidavit of J. C. Mccarthy, an
accountant, stated that the conduit,
which it was said would cost about
$32, 900, already had cost them more
than $4,000 and that it was not near
ly finished. He said an open ditch
would serve the purpose as we'll as the
more expensive conduit.
| Saturdays testimony to the effect
that Third avenue could be put in
splendid condition for not more than
$500, was reiterated by several en-
gineers and road men, who testified
it would be positively poor policy to
pave jackson street before another
year, as it was three or four feet be.
low the grades Of the connecting
streets. It would have to be filled
and filling never settles in less than
that time, it was shown. -. 4. =.
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