Arizona republican., 1906-03-31
THE P. & F.
 WINS AGAIN
Supreme Court .Reverses Judge Deans Judgment
The Contentious of the Arizona East ern on all Disputed Points are Re- jected.

At the present writing the Phoenix &z Eastern Railroad company is doubly in possession of the disputed right of way in the Box canyon near Dudley vile. The decision of Judge Doan affirming the right of the Arizona Eastern within the contested territory and forever excluding the Phoenix & Eastern from it was reversed by the supreme court.
 Its right was sustained a few weeks ago by the secretary of the interior, who reversed the finding of the com missioner of the general land office, who had approved the maps and sur Veys of the Arizona Eastern company covering the same location and reJect- ing the maps of the Phoenix & East ern.
 While this C Pute was pending in the department litigation was in progress in the courts of this territory The Phoenix & Eastern had brought an action against the Arizona Eastern seeking to establish possession of the disputed strip about eighteen miles long and from 100 to 200 feet wide lying along the Gila river between Kelvin and Dudleyville. The Arizona Eastern filed a cross complaint pray ing for the same affirmative relief as sought by the plaintiff Judge Doan found for the Arizona Eastern and perpetually enjoined the Phoenix &o Eastern from constructing or operat- ing a railroad on the disputed strip.
 From this judgment an appeal was taken, and under supersedeas bond granted by Judge Kent the Phoenix . & Eastern was permitted to operate so much of it's line as had been con structed. It is this judgment of Judge DOan which was yesterday reversed The opinion is an exhaustive one and contains a history of the move ments of the two companies since their organization. Particular stress is laid upon the fact that at the time of the finding of Judge Doan the very matter in dispute was pending in the office of the secretary of the interior and the question of jurisdiction is dis | cussed. Special attention is also paid 1 to the contention of the Arizona East ern that the Phoenix S Eastern had first located a right of way on one 1 side of the Gila river and after that i had located on the opposite side, thus 1 preventing the Arizona Eastern from | occupying either side.
 1 It is found. though, by the court 1 that in December. 1903, more than ! two months before the incorporation !, of the Arizona 6 Eastern, the Phoenix
 Ss Eastern had begun survey on the | north side of the river to determine
 whether that would not be the better ] location. By January 19 of the fol- ! lowing year a determination to occupy l the north side had been reached.
 rights of way over patented lands had i been bought and before the incorpora- ' ton of the Arizona Eastern the Phoe- nix S Eastern had expended $15,000 in
 this disputed territory and had more
 than fifty miles of its line in opera : ten.
 l The Arizona Eastern, on the contra
 ry, had undertaken no actual con
 struction in the vicinity of the disput- , ed ground.
 The following is the syllabus of the ! opinion which was handed down by i Associate Justice Nave Chief Justice 1 Kent and Associate Justices Sloan and ! Campbell concur ring:
 Legal title to a right of way sought by railroad company under the grant l of act of congress of March 3, 1S'",
 rests upon the approval by the seer c- tary of the interior ol the profile of it's i road and not prior hereto.
 When rival aspirants for the same { right of way under act of congress of March $, lSGo, He prO1lleS covering II 1 a duty devolves upon the secretary of ! the interior to determine from the
 facts which company has superior
 claims to the approval of its profile
 and to give his approval accordingly
 While a contest is pending before the secretary of the interior between
 rival railroad companies seeking the ] approval of conflicting profiles oi
 their roads under section 4. act of
 congress of March 3, 1875, courts