The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-01-12
SUITS DROPPED
IN STATE COURT
Judge Morrow Will Probably Decide
the Western Pacific-Southern
Pacific Controversy.
TRACK-LAYING SUSPENDED
RIFLES, REVOLVERS AND CAT
LING GUN IN EVIDENCE.

Oakland, Cal, Jan. 1.-THE injunc-
ton granted by Judge William Nor
row in the federal court late yesterday
afternoon restraining the Western Pa
clfic Railway company from proSecut-
ing work on the north training wall
proposed to be used for terminal facili-
ties, effectually stopped all activity
along the wall today, and there was
nothing done in the way of constructive
work.
A small force Of surveyors continued TO
run lines along the wall, and from there
to points north of the wall, using a
launch for the purpose. The other
workmen were idle.
Small Arms and Calling Gun.
The vigilance of guarding the land
has not been relaxed in the slightest.
Men armed with rifles and revolVers
patrol the stretch OF sand and rock
constantly and within call is Calling
gun, which is kept upon a launch that
PAGES up and down the shore at night,
stationed near the disputed strip in
the daytime.
The Southern Pacific company is
pressing the work of preparing for the
machine shops to be erected near the
ferry slip opposite Kirkham street. An
other line of track announced to be for
for transporting material IN building
the same, has been stretched across
the sand almost parallel with the first
one.
The piledrivers continued at work to-
day and are making notable progress
at covering the territory with a foun-
dalton for the shops.
The Southern Pacific's railroad police
are still in evidence, several being sta
toned at the tower on the First street
track to prevent outsiders from enter
ing the grounds, and two others are
kept inside the lines to GUST any one
who may escape the vigilance of out
side sentries.
The attorneys of the rival railroad
lines were in consultation today, but
the result of their deliberations has
not been made public. The situation in
San Francisco, where the competing
companies are also struggling for ter
minal facilities IN sthe Petreror district
remains practical Is unchanged.
Filed Order In State Court.
The Western Pacific attorneys put on
file in the superior court OF Alameda
county today an order obtained from
Judge Ogden shortening the time for
service upon the Southern Pacific of
notice. to take the deposition of Civil
Engineer L. ]. LecOnte in regard to the
tide lines in the district which is the
scene of the railroad war.
The hearing of his evidence began in
San Francisco this afternoon. This
testimony Of Engineer Leconte is stated
to be material IN connection with GER
tain tide lines necessary in the deter
minatiOn Of the order to show cause
why an injunction should not issue
against the Western Pacific The pa
pers put on file today show that the
legal battle between the Southern Pa
cific and Western Pacific is to be waged
over the question Of the extent of the
former corporations riparian rights in
West Oakland.
This afternoon the Southern Pacific
company dismissed the two Injunction
suits against the American Dredging
company and the Western Pacific com
pany preventing them from continuing
work on the north side of the training
wall. The Southern Pacific has
brought the same kind of an action in
the United States circuit court before
Judge Morrow. It will therefore test
the Issues at stake in the federal court.
The cases were set for hearing before
Judge Ogden tomorrow, but the dis
mtSSa1 ends the controversy in the Ala
media county courts