Omaha daily bee., 1890-07-30
The Railroad Fight at D enycr.

DENvER, Colo, July29. Especial Telegram
to THE BEE The answer to the suit of the
Rock Island company against the Denver ~
Rio Gmnde was filed in the United States
court yesterday, and also a cross bill. The
documents are very vOluminouS. They re-
cite the fact of the contract between the two
companies, su ntiating as heretofore tele-
graphed and the transfer of the right of the
Chicago, Kansas & Nebraska and the Chi
cago, Rock Island & Colorado companies to
the Chicago, Rock Island & Pacific, and the
new arrangement with the Union Pacific
whereby traffic was diverted at Limon over
tho Union Pacific line. The de-, iost furth er
e}af;a eeo}&afp;an ahht aRRPnea tffSa fRfRHa ,rs ShG i
manager for the purpose Of arranging
for the use of Denver for the accomm odati on
OF said traffic sodiverted from said lines or
leased road by the way Of the u nion Pacific
railway, and the said complaint was covered
by the contra ct lated F'ebru airy ID, 1885, tn at
the defendant would permit the use of its
terminal facilities temporarily with the un-
derStanding that the compensation for suc ch
service as also for the use of the said tracks,
would be made al an early day, This pppo-
stion was accepted by the complainant, yet
the complainant has failed and refused to
make any compensation whatever for
the use of the Denver terminals or
for labor done and expenses incurred and
the c0mplainan mt now owes to- the defendant
for handling their engines, trains and cars
brought to and taken from Denver by theway
of the " UniOn Paci ic railway, and for freight
handled and for water and other supplies,
amounting to the sum OF S45,j53 .S4 and the
amount for expenses for July cannot be as
certained until the accounts are made up at
the expiration of the month. The defendant
further alleges that also for the proportion of
salaries to be paid To theg general superintend-
ent, employees and for freight station ex-
pcnSes at Pueblo there is due from The COM
plainant TO defendant an additional sum of
Sl4, ,2H3S.
The compl ainant urther. alleges that the
use by the complainant of the Denver ter
minals of the defendant company for the
traffic diverted as aforesaid is false and
fraudulent pretense made to the said com
painant for the sole purpose of gaining an
undue advan tage over the defendant in OBJ
tanning the use of terminal facilities without
compensation, and for the further mrpose of
evaciing the-laws of the state of Colorado,
because the complainant was not nor isnow
organized under the laws of this state or
under the laws of an adjoining state or
territory, and for the further rea-
SON that the said line of railway
with its based lines and connections formed
and made computing and parallel line to
the Union Pacific line to the Missouri river,
and to that part of the Union Pacific line be-
tween Denver and Iimon inclusive
The defendant therefore asks that IN ac-
count be taken and ascertained of the several
amounts due the defendant from the com
plainant on the several items, and that such
compen sation be secured unto the defend ant
csmmny as is due to il from the com plain ant
commn Y and the defendant further prays
that complainant be restrained from using
the tracks yards and other terminal facilities
for the traffic diverted from the channel con
templatcd in the contractof February 49, Sss.
President Cable and the general officers of
the Rock Island are in the CITY. Last nj chit
there was a rumor to the effect that the Rock
Island would withdraw its trains from the
Rio Grandc and run into Denver from Colo.
radoSprings over the Union PacifCE'ort
w orth line, but this was denied by both
Presidents Adams and Cable.