Williams news., 1905-06-03
Nu1nber 50
GRAND CANYON
 AGAIN LOSES

Lack O1 space last week prOhlb- ited our publishing in full the arti- cle published in the Prescott Jour- nal Miner regarding the cinder pit trial. It is as follows:
 For a third time the action brought by the Grand Canyon rail road company to condemn about forty acres of desert ground lying alongside of the line of its road has met a set back, and E. B. Perrin, the party defendant, scored another point in what promises to be bit ter legal battle which involves scv- eral new legal questions.
 The railroad company was repre- sented by T. J. Norton, general counsel for the Santa Fe. and Hern- don x Norris, of Prescott.
 Dr. E. B. Perrin. the defendant in the action, was present, and was represented by A. J. Williams, Judge w. Benpett and E. NJ. Doe. Perrin, through his attorneys, is fighting for delay, while the Grand Canyon railroad is equally anxious to obtain immediate possession of the forty acres, so as to immediate ly make use of the cirder deposit thereon for ballasting the road be- tween Williams and Grand Canyon.
 Attorney Norton made a hard fight, in an endeavor to get an order from Judge Sloan authorizing the company to take possession, and put up bond of certain sum to protect the owners, and to guaran- tee the payment to the owners of whatever amount would be agreed upon as the price to be paid by the railroad company.
 But new fact was developed by the defense, in that as Dr. E. B. Perrin was only the owner of an undivided one fifth interest in the cinder bed it would be necessary, according to the territorial statutes covering condemnation proceedings, to notify all other interests of these proceedings, so that they might ap- pear direct or by counsel and safe guard their interests thereby.
 This was strenuously objected to on the part of Attorney Norton, who argued that as this was only a preliminary proceeding, it would be within the jurisdiction of the court to issue an order for the com pany to take possession. pending the time of final trial and decision in the matter. But the court ruled otherwise, and ordered that the par ties who own the other four-fifth interest, be notified by letter and by two weekly publications, of the day and time set for the next hear ing on June 12.
 The postponement is particularly distasteful to the Grand Canyon railroad company at this time, it being understood that they have a section crew up there under full pay, ready to go ahead and com mence to excavate the cinders as soon as word is received by them that the company has gained pos session of the forty acres. It is also understood that temporary tele- graph station has been installed at that point, for the purpose of re- ceiving such word, so that no time might be lost in starting the section crew to work. The property that is sought to be condemned is tract of land near Red Lake, Coconino county, and is within a short dis tance of the track.
 Both sides were prepared with witnesses, those for the Grand Can yon railroad company being Chief Engineer Burns, J. R. Andrews, private secretary, and Charles How ard, known as sheep owner
 Perrin was accompanied by A. T. Cornish, supervisor of Coconino county. and c. Brown, foreman on the Perrin ranch.
 June 4th solemn high mass will