Arizona republican., 1905-06-21
Approved by Secretary of
 Interior Department
COMMISSIONERS RULING
In the Contest Between the Phoenix 9 Eastern and the Arizona Eastern in Favor of the Latter, Reversed. A Practical Ending.

Information was received in Phoenix 1 yesterday that the Phoenix & Eastern 1 Railway company had won a great victory before the secretary of the in terior in the controversy with the Ari- zona Eastern Railroad company over the right of way between Kelvin and Dudleyville. The secretary of the in terior has approved the maps of the Phoenix 6 Eastern, which practically determines, so far as the government is concerned, where the merit in the dispute is located. The questions in controversy are also before the su- preme court of the territory and will not be decided by that body until next fall.
 Although the fight over the right Of way along the Gila river between Kel- win and DudleyviIle is a familiar topic | in Arizona, and the case has become 1 celebrated as the most vigorously contested dispute that ever arose be- 1 tween the Santa Fe and the Southern Pacific interests, it Is worth while to recall the principal facts for com pIete understanding of the present status.
 1 The Phoenix & Eastern. projected as part of a new transcontinental line
 of the Santa Fe system, after con- structing from Phoenix to a point near Kelvin, decided to construct it's line l on the north side of the river between Kelvin and Dudleyville, instead of on the south side, as originally surveyed. Accordingly, a new survey was run on the north side, the line was carefully | located, and maps of the projected ErOute were prepared ,as required by the government. Meanwhile, the Ari-
 
 tPhoenix & Eastern had changed to the EnOrth side of the river made hasty
 survey and prepared maps covering the same route. In order for a rail-
 way company to obtain a right of way
 over the public domain it is required,
 merely, that the line be carefully sur
 veyed and located, and the route ac- 1 curately mapped, for the information
 of the government The maps are re- quired to be filed inethe local land or flee, when they are transmitted to Washington, first for examination by the commissioner of the general land office, and then for the approval of the secretary of the interior The maps
 being approved by the secretary, the ownership of the right of way vests in the railroad company upon the kcompletfon of the projected line. Tn . ] his case the maps of the Phoenix Ss
 Eastern and the Arizona Eastern, GOV l. ering the same ground for much of l the distance between Kelvin and the junction of the San Pedro and Gila rivers, were filed in the United States Hand office at Tucson almost the same
 hour.
 It is usually matter of six months l to a year before maps are approved 2 lat Washington after they have been tv-e,T ct1nftf fa1
 and the maps having been forwarded i. the spirited contest between the two 3 companies arose in the district court 1 t-Judge Doan'S district The Phoenix S- Eastern went ahead with construc-
 tion, and finally completed the line e from Kelvin to the mouth of the San
 Pedro but during the period of con- !. struction there were various injunc- l tiOn suits instituted. first by one com l pany and then by the other. The Ari- b zOna Eastern constructed a roadbeC
 which criss- crossed the Phoenix &
 Eastern At first the court held that
 as neither company had as yet ac- a quired a right of way from the gov
 ernment, neither had any valid clain l to the right of way in dispute, bu 1 finally held that the Phoenix & Eas. l tern could not be interfered with 1T = its construction, and the Arizona Eas.
 tern was enjoined from interference E Later, about the time the line wa. 1 completed through the disputed ter. 3 Eritory, the court held that the Arizona |; Eastern was entitled to the right O
 way, and the Phoenix & Eastern wa,
 enjoined from running its train ovel
 the track between Kelvin and Dudley. V ville
 From that decision the Phoenix 6 1 Eastern appealed to the supreme cour
 of the territory, and upon application
 for a modification of the order of in
 junction pending a decision on tn l. merits, the supreme court issued al
 order permitting the Phoenix & East
 ern to operate it's trains.
 re Before, however, the case had reach d ed the supreme court, the commission st CT of the general land office had ex If amined the two sets of maps filed b. To the warning companies, and had re ,- iected the Phoenix & Eastern map IS and recommended the Arizona Easter " maps for the approval Of the secre
 tary. As the briefs on appeal fror
 the commissioners decision to the sec = .retary of the interior were very eIab
 orate and went over all the dispute
 facts, the decison of the interior de
 partment would seem to indicate pret Nfty clearly what the outcome will fin ! ally be in the courts
 For T. J. Norton, the solicitor of tn +o Santa Fe coast lines and for the law of yers associated with him, the victor # at Washington is a brilliant triumph III -o-
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