, 1889-08-30
The Colorado Central Proceeded
Against in Court.
Isaac N. VanDyke Petitions for a
Writ of Mandamus.
Abandonment of tina Line a Great
Injury 10 Fort Collins.

Mr.. Isaac N. Van Dyke, on behalf OF
the people of the State of Colorado, filed
a petition for a writ of mandamus with
account for damages against the Colorado
Central Railroad company, the Union
Pacific Railroad company, Jay Gould and
Frederick l.. Ames in the district court of
Larimer county. Argument on the ques-
ton of issuing the writ will be had at
Boulder.
The petitioner sets forth that on the
18th day of May, 1884, at the county of
Larimer, State of Colorado. the Colorado
Central Railroad company was incorpor-
ated: that said railroad extended through
the city Of Fort Collins to the northern
line OF said state. to and through the city
of Cheyenne in the Territory of Wyo-
ming, and was then being iun and oper-
ated under n management from Fort
Collins to Cheyenne, and was by being so
run outridden by financial form. On the
LIST day of December, 1877, and the LIST
day of July, 1879, the Colorado Central
Railroad company gave two certain mort.
cages to Jay Gould and Frederick L.
Ames, which were duly recorded in the
recorders Office of Larimer county for the
sum of 81, 500, 600; that on or about Feb
ruary 20, 1879, said Colorado Central
Railroad company made and leased the
said railroad to the Union Pacific Railroad
company for a term of fifty years, to take
effect from March /, 1879, in considera-
ton of a receipt of total gross earnings
which shall amoun to a sufficient sum of
money to pay 8 per cent. interest on $751;
900 per mile of Colorado Central railroad
then rented, payable semi annually on
part of lessee to lessor of said railroad to
be properly operated and run.
The petitioner further complaining that
the lease for the five years Just passed, the
defendants herein w~illfully and malicsous.
" intending to Cypress and arbitrarily in
jure the people. The defendants herein
have failed and utterly refused to equip.
operate and run hat part Of the Colorado
Central railroad, extending to aud from
said city of Fort Collins, aforesaid, to the
line of the state and from thence to the
city OF Cheyenne, the entire line being
now in possession of, and under control of
defendants and the lessee of said Colorado
Central railroad, and Union Pacific Rail.
road company has done at the instance of
Of Jay Gould and Frederick l.. Anes,
and that when accomplished was the sale
and leasing of said road against the statute
laws of Colorado, that said defendants had
been repeatedly requested to equip and
operate the Colorado Central railroad ex-
tending through and from Fort Collins to
northern line of said state of Colorado and
thence to the city of Cheyenne, aforesaid,
have as often promised to so perfect and
to operate the said railroad, but have ut
terly neglected and heretofore failed so to
do.
Your petitioners are informed that the
defendants have taken up some parts of
said railroad, unoperated, and now intend
to leave the same unoperated, whereby
your petitioners and the state of Colorado
have already been greatly injured ana on,
pressed and arbitrarily misused, and have
lost large sums CT money by tie miscon-
duct of defendants in the matter herein
complained OF. to-wit: and the SUN of
500, 500 per year, which sum of money
is growing greater every year, and de
PENDANTS are making the injury perma.
nent by taking up said railroad. By the
taking up of said railroad your petition.
ers, the people, further show that they,
the people, are compelled to travel on an-
other line of railroad and operated by the
| IIpipn paniHn Ratlrna1 onn,papy nno &c
the defendants herein, and that the other
defendants are aware OF the ( ,ct and that
other railroads are receiving part of pro-
ceeds and have extorted and are extorting
them as they are forced to travelover other
railroads instead of said abandoned part
of said Colorado Central railroad, afore-
said making the distance much longer
with loss of time, change OF trains and
other inconvenience which are too num-
erous to enumerate, and that defendants
ought not impose on the compliments in
violation of laws, and whereas, your pc.
titioners, the people that there is not the
plain, speedy remedy in the ordinary
course of law, whereby the said Colo
RADIO Central Railway company, the Union
Pacific Railroad company, together with
Jay Gould and Frederick L. Ames, the
defendants can be compelled to properly
repair, equip and operate that part of
said Colorado Central railroad extending
through and from the CITY of Fort Col
Inns to the northern line of said state of
Colorado and thence to the city of Chey-
enne in Wyoming.
And petitioner shows that the only
remedy whereby the people can find
speedy relief is by a writ of mandamus:
wherefore your petition prays for a writ
of mandamus, directed to the Colorado
Central Railroad company, Union Pacific
Railroad company, Jay Gould and Fred
erick l. Ames, demanding them to pro
coed to properly and safely repair that
part Of the Colorado Central railroad
complained of. and when so properly re-
paired to safely equip with locomotives
and cars in accordance with laws in such
case made and provided. and of such
other and further order made in ordinance
as Justice may require"
The Prince of cutters returns to Chey
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