The herald., 1893-02-08
BALLONA HARBOR'S RAILWAY,
The Santa Fe Company Sued for
Not Operating the Road.
P0mpey Smith on Trial for RazOring
John Manning.
The Contest Over Patrick Cassidy e
Estate-The Mine Did Not Pan.
Williams Found Guilty.
Notes-New Suits.

was on trial yesterday before Judge
Shaw in department No. of the supe-
rior court.
The case is entitled The Ballona Har.
Dor and Improvement company vs.. The
Southern California Railway company
and J. NJ. Macneil, and the questions
affect the railroad between Los Angeles
and Ballona harbor.
Any one who was in Los Angeles DUR
ing boom days will remember the mag
nlficent scheme for making land
locked harbor out of Ballona lake and
connecting it with the ocean. It WAS
considered such feasible project that
large amount of money was put into it
and the Santa Fe built railroad to
Ballona. But the collapse of the boom
knocked the plan galley west, took all
the starch>out of it and up to the pres
ent time the dreams of the projectors
have not been realized.
Considerable work was done in the
matter OF making the harbor. Dredging
was done, and the company which un-
dertook the work expended many thou
sands OF dollars. When the railroad
was built it looked aa if the enterprise
WAS to become one of the most SUCCESS
full of that strange period of excitement.
But as time went ON the railroad COM
pany was not pleased with the financial
returns from the operation OF the line,
and at the present time it is not being
operated. They have even taken up the
track from Ballona as far az Mesmer,
and this is being resisted by the i'm
provement company.
The complaint, which is very long,
alleges that the plaintiff corporation
was organized under the laws of Cali
fornis, and the defendant corporation
likewise, which was composed of the
California Southern Railroad company,
California Central Railway company
and the Redondo Beach Railroad COM
pany. and consolidated September 6,
1889. One of it's lines runs from Los
Angeles, by way of Inglewood, to the
town of Port Ballona, on Ballona
harbor,
1t is further alleged that January 2,
1886, the Los Angeles and Santa Monica
Railroad company was Incorporated to
build railroad from Los Angeles to
Ballona harbor. Right of way was OBJ
tanned along the line via Inglewood.
The road also obtained concessions
OF about 400 acres OF land
at Port Ballona and all of
Ballona lake, upon condition that the
company would construct harbor on
the lake: also ship canal to connect
it with the Pacific ocean; to lay out and
erect necessary wharves and other ap-
purtenanceH to the harbor, and lay out
town site for city purposes. 1t is al
legged that the owners of the lands con-
ceded did 80 for the purposes stated,
and the railroad obtained the lands upon
such conditions.
The plaintiff and the railroad COM
pany entered into an agreement by
which the latter company WAS to build
the road, and after the contract was en-
tered into the railroad company began
the construction of the railroad, the
harbor and the ship canal, to lay out
and construct wharveH and docks.
1t is alleged that prior to February 1,
1887, the Santa Fe railroad system con-
trolled the Atlantic and Pacific railway
running from Albuquerque to San Ber-
nardino, and had no line or connection
of its own to Los Angeles, nor to the
Pacific ocean. For the purpose Of ex-
tending its line to Los Angeles the Santa
Fe system caused the Incorporation of
the Riverside, Santa Ana and Los An
geles Railway company, and secured
rights of way. The Los Angeles and
Santa Monica Railroad company, which
Was an entirely local enterprise, had
secured rights of way from Los Angeles
to Ballona. AT that time the Los Angeles
and Santa Monica Railroad company
had petition for right of way through
the streets of Los Angeles for depot
grounds. ETC., and the Riverside, Santa
Ana and Los Angeles company
proposed to make its termin-
US at Ballona and lay its ties
and iron upon the roadbed of the
plaintiff and of the Los Angeles and
Santa Monica Railroad company, if the
plaintiff would permit it to substitute
its name in the petition pending before
the city council.
The agreement was entered into, the
plaintiff agreeing to finish the grading
OF the road between Los Angeles and
Ballona lake. The franchise was pro-
cured from the council, the plaintiff per-
formed the work of grading, expending
about $36, 900 in that work, and claiming
to have spent $4,000 in various ways
in carrying out the enterprise.
The Santa Fe laid its ties aud iron and
began the operation of the railroad, but
have now practically abandoned it as
far as Mesmer, three and one-half miles
northeast of Ballona, where its line goes
on to Santa Monica.
This the plaintiff claims is in violation
OF its agreement, and asks that the COM
pany be enjoined from taking up it's
rails. 1t claims that the railroad. has in
short violated nearly all the points in its
agreement.
The answer in the case is volumin-
GUS one, in which each and every allie.
cation of the plaintiff is specifically de-
MED, and the full text of the agreement
is incorporated in the document.
After the complaint had been read by
J. L. Murphey, counsel for plaintiff,
Judge Anson Brunson, for the Santa Fe,
moved the court that the plaintiff be not
allowed to put in any testimony in sup
port OF its allegations, and proceeded to
argue the matter at length, claiming
that the plaintiff had no standing in
court. Mr.. Murphey replied, and late
in the afternoon the court overruled the
motion, taking recess until this morn
ing, when testimony will be introduced
by the plaintiff.
PoMPEY SMITH AND HIS RAZOR.