The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-10-16
TEMPORARY
INJUNCTION
CONTINUED
Judge Jansonius Holds Matter
Open Pending Decision on
Morton County Case
POLES ALREADY UP
Statute Fixing Authority of
Various Boards Is Cited in
Courts Decision
POLES ALREADY UP

The temporary order, issued by
District Judge Fred Jansonias Oc-
tober at the request Of the Bur.
leigh county commissioners 20 re-
strain the Hughes Electric company
from constructing transmission line
across the Liberty Memorial hridg>
or along the highway east "G IT,"
bridge, will continue ! : =. MT |
rs it applies to the strih...g -, t,.:es
over the bridge until II s.n,ilar case
in Morton county court is disposed
of or until the matter is heard in
the Burleigh county court on its
merits. This was the decision hand
ed down today by judge JAMS oaius,
following the hearing Wednesday on
the temporary injunction.
Poles AlreaG; Placed
at now appears that the poles had
all been placed before October 8, 81
that so far as the placing Of the
poles is concerned, an injunction At
this time would be meaningless,
the judges order states.
ut further appears that the right
Of way east OF the bridge is within
the Incorporated limits Of the city
of Bismarck.
The Legislature last winter fixed
the authority OF the various boards
over public utilities as follows:
"'Chapter lsS Laws Of 1925: THE
Right of Way for Telephone lines
and Electric Light Systems. The
board of county commissioners OF
any county, board of supervisors Of
any township, board OF aldermen OF
any incorporated city. or board OF
trustees of any town or village in
this state, may, when deemed
for the best interest Of their
respective municipal corporations.
grant to any person, who is Il
resident Of this state, or to any
company .or corporation, organized
s under the laws Of this state, or "a
any company or corporation duly L.
rensed to do business within this
state, the right of way for the cree
ton Of 4 telephone line or electric
.:Eht system over or upon any pub
lie grounds, streets, alleys or high
ways under the care or supervision
OF such board granting such tight
Of way. Such right of way shall hr
granted subject to such covdi.i DrS
restrictions and regulations rs may
he prescribed by the board granting
the same, rs to what grounds, streets,
alleys or highways said lines shall
run upon. over or across, ard as II
the places where the poles to support
the wires shall be located, and al!
grants of right Of way for the con-
struction Of telephone lines or cleo
trio light systems heretofore made,
in accordance herewith, by any board
above mentioned, are hereby made
valid
City Has Jurisdiction
"The states attorney of Burleigh
county frankly admits that, if this
law is applicable, the city commits
sioners and not the county commits
sioners have jurisdiction over this
part Of the road. No other statutory
law has been called to my attention.
Regarding the stringing of the
wires over the bridge, there is more
doubt. Part of the bridge was con-
structed by the county. The county
has an interest in all Of the bridge.
part Of which is not within the city
limits of the city Of Bismarck.
"This same matter has recently
been up before the Honorable II. l..
Berry, judge of the sixth judicial
district. Judge Berry issued a tenn
porary injunction from which an ap-
peal is being taken. The same final
order that will be made in the Nor
ton county action will eventually be
made in this case. For that reason
it seems that the temporary re-
straining order should be continued,
insofar as it affects stringing the
wires over the bridge, until the
Morton county case is finally de-
cided."