The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-30
JOKE ON DUDLEY.
TineH00d Railroad Built Across
His Land.
Feared Injunction and Laid
Track on Sunday.
He DID NOT KNOW.
Was Surprised When Told by
State Journal Reporter.
Says the Company Has No Right
There.

AOA
Guilford Dudley. the vinewood Park
railway set force of 40 men at work
Sunday morning at O'Clock. and by 3
o'clock in the afternoon had built a
quarter of a mile of railway track
through the middle of Mr.. Dudley's land
in the Shunganunga bottoms east of
town.
The joke of it is that until told of If
today by 4 reporter for the State Jour
nal. Mr.. Dudley didn't know anything
about it. He is naturally. indignant, and
says the company had no right to build
on his land.
But the road is there, and it is too late
for an Injunction. That is what the
Vinewood people were anxious to avoid.
Won't Mr.. Dudley take up your
tracl<2" was asked today of Manager
Frank Kelley.
No. indeed. he won't" replied Mr.
Kelley. He is too shrewd to make any
break ike that"
Mr. Dudley says that he hasn't had
time to talk to his attorneys, and don't
know what he will do about it. He
does declare, however, in that firm but
mild way OF his, that the Vinewood rail-
way forfeited its right to run railway
through his land by failing to operate
the old NinewoOd Park line Mr. Drud-
ley once fenced up the roads right OF
way, but the company tore down the
fence
he OuQteT-A lQeWOOQ nRQL mas DeCH
raging ever since the Wilson's took it
into their heads to build UP their very
much neglected property When the
Vnewood road was first built, years
ago, Mr.. Dudley allowed it to be laid
through his land, and the tracks then
crossed the creek Just north of Tenth
street, passing by the round-house al
Tenth and Fisher streets. After the
road ceased to operate Mr.. Dudley built
a fence across the old worn-out track
Last fall. when the road was reor-
gan1zed, it was planned to cut across a
corner of Dudley's land. and build a
new entrance to town by way of Four
teenth street. The plan was to use tho
old track simply as a spur to get to the
company's round house.
Then Mr.. Dudley objected. He didn't
want any spurs on his land and he OBJ
jected strenuously to having the road
cross his property at all. The district
court sustained him in this position SO
far as the cOmpany's right to condemn
land across the corner of his property
was concerned So the Vinewood COM
pany graded its roadbed just as close to
the corner of Dudley's land as it could,
in order to put his land under the shad-
ow of a big en- bankment. This did not
help the amicable relations of the par
ties very much
When the Vinewood road was takinA
up all its light steel rails on the old line
last fall, it entered upon the Dudley
land. and took up the rails there That
was the condition of things when last
Sunday morning dawned. The old
grade was still across the Dudley farm,
but there were no ties and Fails, and
consequently no way for the company
to get at its round house.
We wanted to fix things so that we
could get our engines out to haul ma
terial out to Deer creek for our new
bridges" said Manager Kelley today.
so we just went ahead and put back
our old line to the round house. We
now have men at work building the
line through Mr.. Dudley's land with the
line already in shape. We claim that
we have never forfeited our right to run
through the Dudley farm, and we are
simply building the line where we have
always had the right to build it,
Everything was made ready for the
onslaught Sunday morning. Ties and
rails were put where they could be cas-
lily gotten at. All the sworkmen were
offered double pay with Sunday work.
and were notified to report for duty
Sunday morning, the excuse being Civ
en- that a decision was expected in the
East Fifth street injunction suits, and
that it would be necessary to build a
fore any further legal imDediments
could be placed in the way. There were
about 40 men reported for work at
o'clock Sunday morning Everything
moved along without a hitch Ties were
brought to the place by one gang, an
other crowd ballasted the track. rails
were hurried over from the place where
they were stored. and while the good
people of the east side were getting
ready for church. the clink and clatfer
of the spike-sledges were wagink the
echoes of the Shunganunga bottoms.
At 3 O'Clock in the afternoon, the road
was completed, and one of the Vine
wood Park engines Travelled over the
line several times. proudly putting out
its defiance and announcing to the un-
hearing ears of Mr.. Dudley that the
Vinewood Park railway had squatted on
a five foot strip of his possessions.
When asked about what the Vine
wood people had done this morning, Mr..
Dudley said to reporter for the STATE
/ Journal:
They have not built any line across
/ my land. They tried to enforce the
/ grant of the appraisers, but the district
court said they could not do it. There
/ has been no injunction suit to stop them -
When informed that the road has act
ually been built across his land last Sun
! day morning. Mr.. Dudley looked consid-
erably astonished We'll, 1 haven't been
out there but I hadn't heard anything
about it I suppose If Frank Kelley says
/ it has been built it is the truth Strange
I hadn't heard of it. I don't know what
1 shall do. Of course But the Vinewood
company forfeited its right to operate a
| railway through my land. The right was
granted TO them aHiicably in the first
place. but they have no rights there now.
I 1 don't know what legal proceedings can
be taken
As it stands now, the vinewood road
seems to have won another point, but it
is very probable that Mr. Dudley will not
lie down in his efforts to keep the road
out OF his farm 1t IS likely that another
law suit viii be the outcome.
Mrs. L. L. Bonawitz Shoots Herself
/ To