The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-17
SEIZED LAST THURSDAY

In his petition for an injunc-
tion, Attorney Miller places the
value of the Washburn Ignite
properties at $1,55O,0OO. This
property, he declared, with force
OF arms, without authority of
law, and against the will and
over the protest of the plaintiff,
was forcibly taken possession of
November l3, by the defendants,
the adjutant general and a cap
tain of the home guard, who did
then and there forcibly GUST
the plaintiff from the possession
of said property; and "unlaw-
fully and by force of arms and
against the will and contrary to
the protest of the plaintiffs did
take over the complete possess
sion and operation of said mines,
machinery" etc., under cloak of
and in accordance with certain
pretended proclamations and
orders issued by Lynn J. Frazier,
governor of North Dakota"
MAY BE BADLY DAMAGED
The petition recties that the
mining property is subpect to
great and irreparable injury and
damage if not properly and skill
fully handled and operated, and
expresses the belief that the de-
PENDANTS are not skilled coal
mine operators.
WORK OF DESTRUCTION
The plaintiff further alleges" reads
the petition, that it now has and for
long time prior to the commencement
of this action has had numerous con-
tracts. obligations and agreements for
the sale and delivery Of coal with state
institutions public schools, municipali-
ties, municipal light. heat and power
plants and private individuals, associa-
tions and corporations. which this
plaintiff is in law bound to fulfill; and
that the performance by plaintiff Of
such contracts, agreements and obliga-
tions is hindered. delayed and inter-
fered with by these defendants thus
subjecting plaintiff to suits, losses
and damages. Plaintiff further
AYERS that it has in this state and
outside thereof hundreds of customers
whose trade has been obtained and
kept through years of fidelity in full
filling its contract with them; that
such trade and commerce both within
this state and in interstate commerce,
is by the action of defendants render
ed impossible Of performance and full
tillment, and If the defendants be per-
mitted to continue in the usurpation Of
plaintiffs property and in the interfer.
ence with its operation thereof, said
trade with its customers. both intra-
state and interstate. will be destroyed.
to plaintiff's irreparable loss and
damage"
The petitioner charges that if the
defendants are allowed to remain in
possession Of its properties. it will suf-
fer serious impairment if not des-
truction of business, which has been
built up after years Of constant eff
fort.
The petitioner contends that the gov
ernor's proclamation and further or
ders and acts are contrary to law and
are void and unconstitutional. in that
they contravene the constitution of the
United States and Of North Dakota,
providing that no state shall abridga
the privileges or immunities Of citizens
of the United States, nor snail any
state deprive any person of life, liberty
or property. without due process Of law.
nor deny to any person within its
jurisdiction the equal protection of the
law.
+ The petitioner therefore asks that
it have judgment against General
Fraser and Capt Baird for such dam
ages as may be shown to have resulted
from their alleged unlawful acts, and
that the court Immediately issue tenl-
Continued on Page Two.l