The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-04-15
They Crossed
The Track.

Tuesday witnessed the laying Of rail
by the U. b. & N. railway compan.
over the Ssndusky and Indianapoli
division crossings of the Big Fou
railroad, west Columbus avenue. Tn,
task was started at in the morning b!
q force of twenty traction company
employees who Mt this hour began tn,
removal of planks between the track
located just south Of the Garfielt
avenue crossing. Soon after the worl
was started the Big Four began run
ming engines over the crossing thui
greatly inconveniencing the lsborers.
However toll was not abandoned but
rails was continued while engines
stood so near the workers that the men
in order to avoid being burned by es'
csping steam found it necessary to
place tubes over the exhaust pipes Of
the engines This interference was
brought to an end after q time by
the granting Of temporary injunc-
tion py Judge Dow restraining further
interference. Following the laying of
steel over the crossing rails were laid
over the Sandusky division crossing
the restraining order of Judge Dow
also forbidding interference of the Big
Four at this point. The traction COM
pany will now lay steel connecting the
Main street line and Silver Lake
branches of .he road. A large num-
Der witnessed the laying of rails at the
two crossings and many of the number
arrived to witness the scenes enacted
prior to the granting of the restrain
ing order Of Judge Dow.
The legal story. which is of proper
interest in connection with the above
hsppenings. is rs follows: Some
months ago the city council granted
the U. B. & N. railway company the
right to lay rails in the city leading
from q point on Eastern avenue west
to Columbus avenue and thence west
ON his avenue to Troy street. After
being granted the franchise the Big
Four railway company entered suit in
the local court praying for an injunc
tion restraining the traction company
from laying rails across Its tracks at
the Columbus avenue crossing. located
just south of the Garfield avenue cross
ing. sverring that because Of the grade
laaI;par e<, tna ,xrsua{pu tha .ap,a xvouli
be most dangerous one and giving
other reasons why q restraining order
should be granted. The prayed for
temporary order was granted by the
court as was also q perpetual injunc
ton This perpetual injunction was
granted by Judge Dow on the grounds
that the city council had granted the
traction company . franchise to lay
rails on the street without the legal
preparatory steps being taken. the elec.
trio company having not lived mp tc
the provisions of the laws of the state
in falling 20 have printed in the news
papers q notice .apprising the public
that a franchise would be asked for
prior to the time of the same being
granted.
| When the case had reached the above
stats il was carried to the Circuit
court, which court dissolved the in
junction thus leaving matters where
the U. B. & n. company might &c
ahead and lay rails across the crossing
Regarding which contention existed.
Later the case was carried to tn,
Supreme court by the Big Four com
psny and the company failing to I'll,
q superseding bond through which
process Of law the court would nj
doubt have granted the railway com
pany an order restraining tine trsctioI
company from laying rails over th'
lcrossing in dispute matters were still
left in the condition permitting o
the traction company laying rails a
lany time. This time as told abov'
came at an early hour Tuesday morn
ing. No sooner had the task been start
ed than the railway company began +
blockade the crossing as was to be ex
lpeeted. Then 1t was that another legs
step was taken. This step was the III
ing Of petition by A. Jay Miller, O
', this city. and Pomerine & Pomerine
of Columbus, attorneys in the emplo
of the traction company. aeking ths
the Big Four be temporarily restraine
from interfering with the laying c
rails across the railway crossings c
both divisions and that when the ste,
was laid that the company be enjoine
from tearing mp the rails The ten
= porary order was granted and Deput
Sheriff Humphreys at once ordered ths
no further interference be made.
This temporary injunction was granite
). at 6 80 O'Clock. some two and ha
y hours after the traction compar
lstarted the task of tearing up Il
: planking at the indianapolis divisiC
d crossing and saving the rails Of Il
railway company to the extent nece
is ssry to permit the laying Of rail
Remaining points of much legal il
10 terest are yet to come in the fight b
tween the companies. These will con
" with the hearing of the injunction ca
of the Big -Four va. The q. B. &c
Company. which soon comes up
. Supreme court, where it was carri
from the Circuit court, which con
as told above dissolved the injunctl
granted by Judge Dow. Should t
Snnreme court reverse the action of {