Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1919-11-20
REFUSES
TO TALK ABOUT
WASHBURN CASE
viii Await Arrival Of Person
al Attorney Attorney
General and Governor Are
Both Absent From Capital
Plenty Of Coal at Head
Of Lakes.

Bismarck, N. D., Nov. 1s.-(spe-
cial.) General G. Angus
Fraser, served Monday afternoon
with an order to appear in district
court here to show cause why he
should not relinquish 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 E. Richard
son of Fargo, expected to reach the
city early this morning.
General Fraser and Capt. l.. R.
Baird of the home guard, who forcs-
bly, took over the Washburn mines
under Governor Frazier's proclama-
ton Of martial law, are held per-
sonally responsible for their alleged
unlawful acts and for any civil dam
ages which may result thru injury to
the mine property or loss Of busi'
ness as result of their seizure and
operation Of the mines.
In granting the mining company's
petition for an order to show CAUSE.
Judge Nuessle, in district court says:
''It appearing to the court by the
verified complaint of the plaintiff
that the plaintiff is entitled to the re-
lief. demanded, and that such relief
consists mainly in restraining the
commission of the unlawful acts set
forth in the complaint, the commits
sion and continuance Of which would
produce irreparable injury to the
plaintiff; and the court deeming sucn
application well taken and that plain
tiff is entitled to such order, there
fore it is now ordered that the de-
fendants show cause before this court
on the 10th day Of November why
this court should not grant its or
der and injunction to the defendants
commanding them and each of them
and their agents, servants, employees
and successors in Office to refrain
from taking, holding and retaining
possession Of plaintiffs real estate
and personal property, and command
ing them to refrain from excavattng,
removing or disposing OF plaintsh's
coal, from interfering with plaintin's
possession and operation Of said
mine. and from doing or performing
any Of the unlawful acts described
in the complaint: and that said de-
PENDANTS show cause why all and sim
gular Of said property, real and per-
sonal, should not be forthwith re-
turned and restored to the possess
sion Of the plaintiff herein"
The Washburn Ignite Coal Co. as
serts in its complaint that It's prop
erty has not been taken or damaged
for any public use; that the de-
fendants have ousted plaintiffs from
possession Of said property, taken
possession Of and damaged the same
without just compensation having
been first made to or paid into court
for this plaintiff, and that the de-
PENDANTS are not able to respond In
such damages as will Of necessity re-
suit frmo the continuance Of the acts
.hereinbefore complained Of.
Governor Frazier was in Chicago
on Monday, preparing to address the
national public ownership conference
there that evening. His secretary
advised that the governor had not
been advise dof the court action and
that no word had bee nreceived from
him. Mr.. Frazier win not return
to Bismarck until early Wednesday
morning. Attorney General LANCER
was also absent from the city to-
day, General Fraser could not state
until after he had interviewed his
personal attorney whether Mr.. Lam
ger would intervene in behalf Of the
state.
Coal Enough to Last All Winter.
An, interesting sidelight on the
North Dakota situation is found in
the statement Of Capt. /. T. Baker.
former federal fuel administrator for
North Dakota, 70 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 winter. Capt. Baker made this
announcement upon his return from
washington, wliither he went e the z e
bshest of Governor Frazier tos ' / secure ' y
release: and distribution of eastern: i
coal held at tho head of5 the lakes i
ana assig med % North i sDako ] q ota.