Arizona republican., 1904-03-30
Construction of Phoenix &
 Eastern to Continue
JUDGE DOAN'S DECISION
Refuses on Two Grounds Application of Arizona Eastern for Restraining Order Against Phoenix @ Eastern. Florence Fears Physical Clash.

Florence, March 20 (Special)-The grading and other construction opera tions of the Phoenix S Eastern railway will not be interfered with by any re- suaining order of the district court of Pinal county. This was the decision of Judge Dean this evening, when he re- fused to grant temporary injunction to the Arizona Eastern Railroad com pany restraining the Phoenix & East ern from further construction work be- tween Kelvin and Dudleyville.
 Tho decision was reached after a ho. legal battle of two days duration. The clash of contending legal forces beg an last week, in fact, when in the absence of Judge Doan, the Arizona Eastern. through Attorney Eugene s. Ives, of Tucson. made application to Court Commissioner Stephens for a restrain Ing order. The commissioner refused to take action and the case came up be- foTc Judge Doan Monday morning. The applicants fer the injunction are repre- oentcd by Mir. Ives, assisted by Mir
 Franklin, from Phoenix. The Phoenix
 x Eastern was represented by Attorney
 v. Y. Clotfelter. of Prescott, solicitor for the Santa Fc, Prescott X Phoenix and Phoenix & Eastern railways, and
 by Chalmers & Wilkinson. of Pho enix. General Superintendent Drake and Asst
 General Mana ger Emmert of the latter
 road were also in attendance. The local
 interest in the outcome of the contest
 was very keen.
 The facts developed showed that the
 Arizona Eastern and the Phoenix &
 Eastern are claiming the same right of
 way over stretch of twelve miles be-
 tween Kelvin end Dudleyville, a con-
 siderable portion of which has been all ready graded by the Phoenix & East
 ern. It was shown that the Arizona
 Eastern first filed in the land office at Tucson map covering the line graded
 by the Phoenix & Eastern between Kcl- win and Dudleyville, which map adopt-
 ed the stakes set by the engineers of
 the latter road. and afterward filed an- other map made from a survey along the same line by the engineers of the Arizona Eastern.
 Judge Doan in his decision refusing
 the injunction, based his action on two grounds: First, that if the Arizona Eastern is injured in any way by the construction of the Phoenix & Eastern over the route in controversy, it will be
 an easy attcr to compute the damag- es sustained and it is, therefore. un- | necessary to resort to the extraordin- ary remedy of an Injunction: second. ! thSt the Arizona Eastern has acquired
 no rights in the premises, and therefore | cannot plead that it is injured During
 the course of the arguments the good | faith of the Arizona Eastern was at | tackled by the representatives of the ! Phoenix & Eastern. all imputations of that character being vigorously re- sented by MT. Ives, who made q persist | ent fight to secure the injunction asked. | To the charge that the Arizona Eastern | was in fact the Southern Pacific. Mir. Ives replied to the opposing counsel [ that he would neither deny that such was the case nor affirm it, as he re- garded it as immaterial whether the Southern Pacific was interested or no.. Florence has been expecting to hear
 of a physical clash between the con- struction gangs of the two companies. but so far no violence is reported. Ear iy Saturday morning, it is reported a grading outfit representing the Arizona Eastern, comprising about forty men. with the usual complement of horses l ard scrapers, appeared upon the grade
 line of the Phoenix & Eastern a short distance east of Kelvin and began work.
 the grading gangs of the latter road o1erating both east and west of the Arizona Eastern gang. The men of the Arizona Eastern were ordered off the
 line by representatives of the Phoen' Y
 x Eastern, and presumably there has
 beer no hostile meeting.