Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-23
GIVEN A. BLACK EYE.
Work on the Squirrel Hill Electric
Road to Begin Again To-day.
THE CITY WAS NOT IN IT AT ALL.
Chief Bigelow's Suit to Come, After the
Injunction is Settled.
sCHEELEY PARK TO HAVE A RAILROAD

Contractor Martin Frank, with large
force Of men, will begin work this morning
on the Squirrel Hill Electric Railroad and
push it as rapidly as possible to completion.
The city was given u black eye yesterday in
the injunction suit to restrain the company
from laying its tracks. Judge Magee re-
fused to grant the injunction, and the work
on the much-talked-of little road will go on
as if nothing had happened. After the in
junction business is settled the company
will come back at Chief Bigelow, Of the
Department of Public Works, and,as stated
in The DISPATCH over a month ago, will
sue him for damages for tearing up the
tracks unless he puts the road in the same
condition he found it and at no expense TO
the company.
Contractor Frank, who is doing the trestle
work, was seen yesterday after Judge Ma
gee handed down his decision refusing the
injunction, and when asked what he would
do, said:
IN SPITE OF DIFFICULTIES.
s'Chef Bigelow has been knocked out
and the road will be built in spite of all
the opposition against it. The Court took
the right view OF the matter and refused the
injunction on honest grounds. We will go
right ahead with the work and complete
the road in time. 1t was to have been fin
ished on the 2Sth of this month, but the
Court said it would make allowance for all
the time lost in case the injunction was re-
fused, and in consequence we did not lose
any time by the suit. 1 will go out in the
morning with a force of men and the people
the road will benefit will no doubt
be glad to see the work begun
again. The company is in debt to
the extent of little over S29, 900. OF this
amount it owes Mr.. McKibben $14 600, my
claim is about $4,000, Cambria Iron Com
pany $4,000 and f. Melber, who did the
stone work, about 81, 900. We expect to get
our money from the receiver alter the road
is completed. There is not any likelihood
of being stuck, and we are satisfied to COM
plete our contracts. The annoyance we
suffered will be paid for. After the injunc-
tion business is settled by the lawyers, the
suit against Chief Bigelow for damages will
come up and something done about it."
MUST PUT DOWN THE TRACKS.
P. G. Knox, of Knox & Reed, solicitors
for the company was seen, and when asked
what the next step would be, said: "I was
away at the time and do not know the cir
cumstances surrounding the action of Mr..
Bigelow in tearing up the tracks. I sup
posed there was some agreement between he
and Mr.. Reed to have the tracks torn up to
give better entrance to Schenley Park for
the Fourth OF July celebration. The tracks
were taken up and it was supposed they
would be put down again, but 1 do not
know that they have been. II they have
not, we will insist that the work be DONE"
In his opinion Judge Magee said that
there was not, he thought, a matter of dis
pute that the company had obtained from
Mrs. Schenlev the right of way before her
conveyance to the city of the park property,
and that the company were in possession by
work done on the right of way now in dis
pute through the park. To say that the
prior right thus obtained was not valid
grant, would be to prematurely pass upon
what could not properly be determined be-
fore final hearing.
RIGHTS MUST BE RESPECTED. T.
1t NAV be a disadvantage to park pur-
poses to have a railroad constructed, but
the prior right shown must be respected un-
til the merits of the case are fully presented.
As to the streets named, the city conferred
the right OF way by ordinance of February
q, 1889. If the company or receiver by
permission of the court assume the risk of
completing the road, which may in the end
be torn up, he did not think that public in
terests would be seriously affected. On the
contrary present interference with the CON-
templated work begun by the receiver
would perhaps sacrifice the entire property
of the company. In conclusion he refused
the preliminary injunction leaving the case
to be determined upon final hearing on its
merits.
Chief Bigelow sailed from Queenstown for
i 81
about next Friday. He will be home by
this day week