The San Francisco call., 1896-03-21
Application for Permission to
Remove the Engine Is
Refused.
THE INJUNCTION PROCEEDINGS
A Large Array of Legal Talent Has
Been Employed by Both Sides
to the Controversy.

MILL VALLEY, CAL, March 20.-The
Mill Valley and Mount Tamalpais Scenic
Railroad is in predicament. its engine
is upon one side of the road and cannot be
removed to the other side until the in
junction proceedings brought by Maurice
Windmiller are disposed OF. An effort was
made to-day by the mountain road people
to obtain an order from Judge Angelottl
of the Superior Court of Marin County
to allow them to lay rails across the roads
in order that the engine might be removed
past the points in dispute.
The president of the road promised that
the rails would Immediately be taken up
after the engine had been transferred from
it's present position on the lands of the
North Pacific Coast Railroad at Eastland
station to the Gushing property, where 1T
could be used for hauling material used
in the construction of the Tamalpais
mountain road.
Judge Angelotti decided that he had no
right to allow the company to lay any
rails upon the roads for any purpose until
the injunction proceedings had been
heard.
President Sidney B. Cushing of the Mill
Vally and Mount Tamalpais Scenic Rail
road applied TO the Superior Court to-day
TO obtain an order setting an earlier date
than the 22d inst. for the hearing of the
order to show cause why the injunction
obtained by Maurice Windmiller should
not be made permanent. Mr.. Cushing
was represented by Hepburn Wilkins of
San Rafael, who earnestly pleaded that the
time be shortened as much as possible, and
said the delay in the construction OF the
rad was consuming a great deal OF time
andmoney. The matter of asking for a
laraer bond than $500 on the injunction
was also submitted to Judge Angellotti,
who stated that the bond should stand as
it was. The time for hearing the order to
show cause was shortened one day, and
the matter will now come up next Monday.
The Mill Valley Property owners
Protective Association, which is behind
Windmiller in his action against the
mountain road, has thus far succeeded in
gaining every point in the legal battle for
possession of the Mill Valley roads. The
injunction issued and served yesterday is
being respected to the letter. and not a
stroke of work has been done upon the
roads, which are dug up and left in the
condition they were in when the papers
enjoining the work were served.
On sidetracks at Sausalito and at the
railroad shops of the North Pacific Coast
road are many cars loaded with rails and
ties to be used in the construction of the
scenic railroad.
There is no place in Mill Valley where
the cars can be sidetracked, as all the
available space is occupied, and on account
of the injunction no cars can be run across
the roads, so it is impossible for the noun
tain road people to haul the material to
the men at work further up the line.
One thousand ties were unloaded yester-
day from the steamer Progress at the rail-
road wharf at Sausalito, but these cannot
be shipped to Mill Valley, as they would
only add to the great mass of material
that has already gone and is acaumulating.
The work of laying the track in Nc
Innes' back yard goes merrily on, and all
that part of the route that is not affected
by the injunction is being pushed to COM
pletion as rapidly as possible.