The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-18

day, alleging unlawful seizure a
tion Of private property rights.
FRAZIER CONSULTS ATTORNEY
Adjutant General G. Angus Fraser,
served Monday afternoon with an ord
er to appear in district court here to
show cause why he should not relin-
quish the Washburn Ignite Co.'S
mines at Wilton, seized last Thursday
under orders from Governor Frazier
would make no statement pending the
arrival of his personal attorney, Seth
Z. Richardson Of Fargo, expected to
reach the city early this morning.
George X. Foster will represent the
state. Miller, Zuger and Tillotson are
prosecuting the action for the Wash.
burn Ignite company.
General Fraser and Capt. l.. r. Baird
Of the home guard, who forcibly took
over the Washburn mines under Gov.
ernor Frazier's proclamation Of marti-
al law, are held personally responsible
for their alleged unlawful acts and
for any civil damages which may re-
suit through injury to the mine pro-
perty or loss of business as result
Of their seizure and operation Of the
mines.
THE COURT, ORDER
In granting the mining company's
petition for an order to chow cause.
Judge Nuessle, in district court says
1T appears to the court ythe yerifi
ed complaint of the plaintiff that the
Ioin :e, nrfit1n1 RS rn1inf II
manded, and that such relief consists
mainly in restraining the commission
Of the unlawful acts set forth in the
complaint, the commission and contin-
uance Of which would produce irrepar-
able injury to the plaintiff; and the
court .deeming such application well
taken and that plaintiff is entitled to
such order, therefore it is now ordered
that the defendants show cause before
this court on the 10Th day of Novem-
ber why this court should not grant
it's order and Injunction to the de-
PENDANTS commanding them and each
of them and their agents, servants, EN-
ployes and successors in office to re-
frain from taking, holding and retain
ing possession of plaintiffs real es-
tate and personal property, and com
manding them to refrain from exca
waiting, removing or disposing Of plain
tiff's coal, from interfering with plain
tiff's possession and operation Of said
mine, and from doing or performing
any of the unlawful acts described in
the complaint; and that said defend
ants show cause why all and singular
Of said property, real and personal.
should not be forthwith returned and
restored to the possession of the plain
tiff herein"
NOT FOR PUBLIC USE
The Washburn Ignite Coal Co. as
,serts in it's complaint that its pro-
perty has not been taken or damaged
for any public use that the defend
ants have ousted plaintiffs from pos
session Of said property, taken possess
ion OF and amaged the same without
just compensation having been first
made to or paid into court for this
plaintiff, and that the defendants are
not able to respond in such damages
as will Of necessity result from the
continuance Of the acts hereinbefore
complained Of.
FRAZIER IN CHICAGO
Governor Frazier was in Chicago on
Monday preparing to addresses the Ma
tional public ownership conference
there that evening. The secretary ad-
, vised that the governor had not been
advised Of the court action and that no
word had been received from him. Mr.,
Frazier will not return to Bismarck
until early wednesday morning. At
torney General LANCER was also alb
sent from the city today, and General
Fraser could not state until after he
had interviewed his personal attorney
whether Mr.. LANCER would intervene
in behalf of the state.
An interesting sidelight on the North
Dakota situation is found in the
statement Of Capt. I. p. Baker, form
er federal fuel administrator for North
Dakota, to the effect that there IS
ample coal at the head of the lakes.
secured to North Dakota, to meet the
needs Of this state for the whole win
ter. Capt. Baker made this announce
ment upon his return from Washing.
ton, whittier he went at the behest Of
Governor Frazier to secure release ana
distribution of eastern coal held at
the head of the lakes and assigned to
North Dakota.
The Washburn Ignite Coal Co. is a
Minnesota corporation whose mining
properties are valued at $1,550,0O0,