, 1879-06-29
RAILROADS.
Another Phase of the Denver & Rio
Grande Controversy.
The Rio Grande Parties Claim that the
Road Was Being Neglected..
Restitution Is, However, Considered
Certain Within Short Time. =. =.
What Transpired at the Reoent Grand
-; Pacific Meeting. =;

What T1anspired at the Recent Gran
- Pacific Meeting. !
:---'
DENVER O. RIO GRANnE.~ =
Special Dispatch to The Tribune
DENVER. Col, June 26-Tllis afternoon tht
case between the Denver d Rio Grande ant
Atcbiso1. Topeka d Santa Fe Compan took {
new turn. The Denver E Rio Grande Company
made return to the United Sta1es District
Court, setting forth the fact that the Compan,
was no longer in possession OF the road, but
that the same had been taken FROM their poses
sion By due process OF law, issued out OF the
State District Court By Judge Bowen,
appointing Receiver for said road,
who is now in possession, running
said road. In order to avoid any further difl-
Guilty, COUNSEL for parties In. the case in which
the Receiver MAS appointed has duly transfer
red the latter case to the United States Court,
as per provision OF acts Of 1875. The party
plaintiff. in the Recciversbip-caso being
] nonresident Of the State and one
Of The, trustees OF the first mUrt-
| gsgo upon the Denver & Rio Grand Road,
| it pow only remains for the Sants Fe Company
! to make motion in the United States Circuit
| Court for the discharge of the Receiver, upon
| which motion argument Of counsel will probably
| be heard forthwith. Ii the decision should be
adverse to the Receiver, and an order for bis
discharge is entered, It will be founds and end
| the controversy for the possession OF the road.
! I'm IN interview tonight with one OF the Rio
Graude counsel by The TRIBUNE correspond.
/ cut, asked In case the Court removed the Re-
| ceiyer what action would the Rto Grande Com
| panv take? The reply was. "Of course ne shall
quietly submit"
There Is bitter controversy between the
| parties relating to the manner in which the
| Atchsou Company obtained possession OF the
| Road, md its management OF the same, but 1t Is
/ improbable the Court will pay much attcntion
| to this controversy. :,
Justice Miller remarked the other day that
the property must first be restored; then the
Court would decide the rights Of the parties.
Receiver Risley is In possession OF the road
tonight the same as he has been for several
DAYS past. The general impression Is that the
United States Court had jurisdiction of the
property before the Receiver was appointed,
and will maintain its jurisdiction by directing
him to surrender it. ''* -
A large body OF roughs from the lower por-
ton Of Colorado are In Denver tonight: The
action III ::!.e Rio Grande counsel at 6 o'clock
tonight will sadly disappo;1. them. They nm
do1btedly came for d free ride and fight, but
for the latter the chances are slim.
The Adams Express Company have come into
collision with the present Rio Grande officials,
which has stirred up bad blood, and promises
to eventually involve litigation.~
The Express Company had contract with
the Atchisnn Company, which included the Rio
Grandc Road. Everything progressed smoothly
until the present difficulty arose. Several days i
ago 1he Express officials here got on train,
when the Rio Grande employees refused honor
ing the Atchison Conapany's passes. The Of
flcials were obliged to pay fare, taking the con-
ductor's receipt. On returning to Denver, the
1fse't VSen the s1s money xa refunded ~ The Msn
aeer OF the Express Company asked !
Manager Dodge their situation upon
the Rio Grande Road. Dodge |
the ADAMS Ezpress hou1
notice il it was decided to order them off the |
Rio Gralltle Road. This was on june Is. On I
June q, Dodge asked the Express Company to
state their contract with the Atchison Company |
The Express Company declined replying. June |
Is, Dodge teeeraphcd the Express Superin-
tendent to come to Pueblo, and talk over /
matters. The next day Dodge requested
road from June II to June &c, both days tn
cluded, after that daily and In advance. The |
Adams Express refused until o'clock the same |
day to reply. Dodge replied i the Express did +
not comply bY noon they would be ordered of
the road No order TO this effect was served
upon the Express Company, and one OF the. E1-
press officials says this action is considered moth
ing more Or less than attempted b1ackmail-'
June 81 the express messenger left With
regular train, having Cur load Of express mat |
ter, and when forty miles out upon the road the
conductor was instructed to make the messeu-
ger pay fare and advance the money demanded
fhn Frafrr }hn |
would be set off at the first station. The 1nes-
senger telegraphed for orders, and was instruct
I'd to stay BY the train. The Adams Express
offered boud that they would pay to the proper
parties, whether the Atchison or Rio Grande
Company Or the parties aow in charge Of the
Rio Grande Road, If either were entitled to re-
ccive it.
To-day matters are considerably mixed. To-
night the railroad cases absorb attention In
every locality, and Monday promises to bring
forth Interesting Developments. All the officials |
and counsel on both sides are here.
To the Western Assoetat<d Press.
= DENVER, Col, June 2S.-The situation. at the |
Denver & Rio Grande Railroad is unchanged.
=. RtsleJ, Receiver, retains possession. The
Rio Grande came into court to-day. and filed its
:eturn to the writ of restitution recently issued,
insisting on its inability to comply with the
ng :: it :. had executed to- F.. the best
II its ability the orders Of the Court by remoy-
ng the suit into the United States Circuit
Court, Judge Miller presiding. The Rio Grande
llso represented to the Court that the Atchison
Company had obtained possession by fraud and {
that the property. had
iepreeiated deprecated during the. time Of their
:e-enter without notice. The Receiver also ,
presented to the Court his appointment, and {
tated that the dilapidated condition in which ]
le found the road when he received it, and the
3CE OF material and EUNnIRs:, npres sitqtai | +