Los Angeles herald., 1906-01-14
RAIN PREVENTS
ACTIVE WARFARE
RAILROADS BATTLE IN THE
COURTS ALONE
Southern Pacific Insusurates Passen-
ger Service over New Melrose
Extension From Oakland
to Frultvale
By Associated Press.


SAN FRANCISCO, Jan. 13.-The con-
tentlon of the Southern Pacific and
Western Pacific railroads over a strip
of land along the Oakland water front
was confined chiefly to the courts to-
day, inclement weather and injunctions
preventing Developments on the dis
puted ground.
Argument on the demurrer to the
complaint of the American Dredging
company against the Southern Pacific
was resumed in the superior court OF
Alameda county today and continued
until next Tuesday. Counsel for the
railroad contended that no showing of
'irreparable damage" had been made to
justify the issue of a temporary re-
straining order. while the attorneys for
the dredging company held that the
Southern Pacific had neither title to
nor possession of the premises under
dispute.
The claim of the dredging company
that 1t was engaged in public work I'm
filling the contested ground was con-
tested by the railroad lawyers, who
held that the dredging company was
not a government agency. The hear
ing of the injunction in the federal
court was postponed until a week from
next Monday. Judge Idorrow ordered
that the deposition of Engineer j. l..
lie Conte, an assistant to Government
Engineer Heuer, in regard TO the dis
puted land be taken next Wednesday.
The men of the rival railroad camps
kept a close watch on each other to-
day and no move was made on either
side. Throughout the day the work.
men sought shelter from the rain in
the hastily improvised houses they had
built.
A passenger service has been inau-
gurated over the new Melrose extern
sion of the Southern Pacific line from
Oakland to Fruitvale, beginning this
morning. The new line runs from
Fruitvale station to the San Leandro
road, a distance of about half a mile,
and station at the terminus is to be
constructed at once to be known as
Austin. The starting of a passenger
service over this new section indicates
the sincerity of the Southern Pacific in
its claim that the newly laid tracks, of
which there are several besides the
main line, are for legitimate uses, al
though the Western Pacific officials,
whose line is to pass through that
immediate section, maintain that the
work being done is merely for the pur-
pose of obstruction.
The new service consists of a train
once an hour, one out of every three
trains from Oakland to Fruitvale thus
making the increased trip.
This morning the new extension
across the supposed line Of the West
ern Pacific was scene of excitement
and energetic work. Nearly 100 men
in various squads were busy along the
extension and others on the main line
of the Southern Pacific railroad near
the extension Provision is being made
for new line crossing the main line
at right angles toward a nearby oil
tank, and ties and rails are being un-
loaded for the run around" for the
new trains engine at the Austin end
of the extension.
This afternoon the construction work
proceeded rapidly, and it was expected
that by night the entire length of new
tack would be properly ballasted The
work is in charge of Roadmaster Bolger
and Resident Engineer Lloyd. The
former stated this afternoon that the
proposed run around" would be COM
pleted in another day. I'VE will then
put in a lateral" said he, from the
run around and several spur tracks
from the lateral at Austin station,
using these for freight traffic"