The Oakes times. [volume] (Oakes, N.D.) 1906-current, 1919-11-20
10. ~ \
STATE OPERATION Of
MINES IS ATTACKED
Operators at Wilton Ask Court te
Issue Order Prohibiting Control
by the Commonwealth
CLAIM SEIZURE IS UNLAWFUL
Case Will Be Followed With Interest
BY North Daikotans

Adjutant General g. Angus Fraser
and Capt. L. r. Baird Of the North
Dakota home guard were ordered by
Judge w. L. Nuessle in district court
Monday morning to appear yesterday
to show cause why the court should
not issue an Injunction commanding
them to refrain from taking, holding
and retaining possession" Of the
Washburn Ignite Coal company's
properties at Wilton.
The order was issued upon motion
Of Andrew Miller Of Bismarck, .attor.
ney for the petitioner, who asks for
an injunction commanding General
Fraser and Captain Baird, as individ-
uals and in their official capacities, to
refrain from Nexcavating, removing or
disposing of plaintiffs coal, from In
terfering with plaintiffs possession
and operation of said mine" and other
properties ana from interfering with
the operation ossshe plsintift's electric
tight plant, which furnishes light and
power for Wilton. v
The. Waehburn Ignite mines at
Wilton wsre seized by the state last
Thursday. The company surrendered
under protest to Capt. L. R. Baird Of
the home guard after his threat to
use. force II peaceful possession was
not given. Capt. Baird acted on in
sstructions from General Fraser, who
received his orders from Governor
Frazier, under the 'latters proclama-
ton declaring marital law.
In his petition ror an Injunction,
Attorney Miller places the value Of
the Washbufn Ignite properties at
81 $50; 900. ;'rhfs property. he declar-
ed; with force of arms, without au-
thority Of law. and against the will
and over the protest Of the plaintiff.
was forcibly taken Possession Of Nov.
is, by the Defendants, the adjutant
general and a captain of the home
guard. who did then and there fore
ibly oust the plaintiff from the pos
session Of said property" and FUN
lawfully and by force Of arms and
against the will and contrary to the
protest Of the plaintiffs did take over
the complete possession and opera
tion of Said mines, machinery" etc.,
under cloak Of and in accordance
with certain pretended proclamations
and orders issued by Lynn ]. Frazier,
governor of North Dakota" i
The petition recltes that the min
ing property is subject to great and
irreparable injury and damage If not
properly and skilfully. handled and
operated, and expresses the belief
that the defendants are not skilled
coal mine operators.
s..The plaintiff further alleges"
readss the petition. "that it now has
and for a long time prior to the com.
mencement of this action has had
numerous contracts, obligations and
agreements for the sale and delivery
Of coal with state institutions. public
schools. municipalities, municipal
light. heat and power plants and pri-
vate individuals, associations and cor
porations, which this plaintiff is in
law bound TO fulfill: and that the per-
formance by plaintiff Of such con-
tracts, agreements and obligations is.
hindered. delayed and interfered with
by these defendants, thus subjecting
plaintiff to suits, losses and damages.
Plaintiff further AYERS that It has In
this state and outside thereof hun.
dreds Of customers whose trade has
been obtained end kept through years
Of fidelity in fulfilling 2 its contract
with them: that such. trade and com.
merce both within this state and in
interstate commerce, is'.by the actiar
Of defendants rendered impossible cf
performance and fulhllment. and ''
the defendants be permitted to con-
t,n,e IN the; nsurpation Of plaintir's
propertys snd ssths ference w,ts
.ftsT operation theredI Sead tE1As wt.lt
.itSacustomers. both intldli y y IA m;
4 tesstats. win be deg8pylJs1 Tin.
sffiI' SirTsparable fo lapsailI IL llSs.
1hs petitioner clias 4 l the
defendants are allowed sto x II s,s3 H.
sposssssionI or It's pstp psrtjes * & 81 nj
suffer 4 serious ilib ir1nenti lpf u
destruction sof businss. 4 lhics s MI