Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-21
FINAL DECREE IN
RAILROAD CASE
BY THE COURT
FULL TEXT OF DECISION
AGAINST RIO GRANOE
Defendant Given Five Years TO
Vacate Property of Arizona
and Colorado; Will Cost One
Quarter Million Dollars.

Judge Abbott, of the district court.
yesterday signed the final decree in
the case of the Arizona and Colorado
railroad. of New Mexico, against tho
Denver and Rio Grande Railroad
company. enjoining the defendant
from holding contested tracts OF right
Of way claimed by the plaintiff be-
tween Pennington and Durango. The
defendant is given five years time to
vacate and surrender the property and
IL is estimated by those conversant
with the case that II will cost the
Denver and Rio Grande company
close TO a quarter of a million dollars
in the end. The full text of the de-
cree Is as follows:
In the District Court in and for the
County of Bernalillo, in the Second
judicial district of the Territory Of
New Mexico.
The Arizona and Colorado Railroad
company of New Mexico, plaintiff.
versus The Denver and Rio Grande
Railroad company. defendant:
DECREE.
This cause coming on TO be heard
upon the pleadings and the proof
herein taken, and upon the findings of
fact and conclusions of law made n
entered by the court, and for dnaI
OtCTtt lltTtuDbHs GouiStl nhNiHb
been heard, and the court being sufh-
ciently advised in the premises,
Ii is considered, ordered, adjudgec
and decreed that the issues herein be
and they are found with the plaintiff;
and that the plaintiff is entitled to the
relief herein prayed, subject only to
the limitation or condition that IL
shall not be authorized to Dust the de-
PENDANT from the possession of that
norton of the line in controversy now
occupied by defendant company in the
actual operation of its line of railway
until such time as plaintiff shall have
constructed at least twenty miles OF
railroad, substantially complete foi
use, within the territory of New Mex
leo along the line adopted by II as
set forth M described in its COM
plant, and shall actually enter upon
the grading of its adopted line or
railroad between Pennington, New
! Mexico, and Durango, Colorado, along
said line; and provided that the plain
tiff shall have complied with all con-
ditions precedent to such construction,
still TO be performed by ii in order {"
conform to the provisions of the laws
OF New Mexico relating to the laying
out and construction of railroads.
II Is considered, ordered, adjudged
and decreed by the court that the
plaintiff, The Arizona and Colorado
Railroad company of New Mexico, do
have and recover of and from the de-
PENDANT, The Denver and Rio Grande
Railroad company, the possession oil
the said line and railroad right OF
way of the said plaintiff, by II adopt
ed. surveyed and located, as described
In the complaint herein, and as set
forth In the maps and profles by
plaintiff filed in the office OF the sec
rotary of the territory of New Mexico
and in the office of the probate CLERK
0AA nv-nfANiO raHnTnar of the pnnntN
nf San Juan, in the territory of New
Mexico, n that the said defendant
do vacate and surrender to plaintln
the possession thereof. when the said
plaintiff shall have constructed az
least twenty miles of railroad. sub
stantially complete for use, within the
territory of New Mexico along tht
line adopted by il as set forth and de-
scribed in its complaint, and shall ac-
ually enter upon the grading or It's
line of railroad between Pennington,
New Mexico, and Durango, Colorado
along the said line adopted by plain
tiff and In the said complaint de-
scribed, and provided that the plain
tiff shall have complied with all con
dItions precedent 10 such construction.
stln TO be performed by II in order TO
conform 10 the provisions of the laws
of New Mexico relating TO the laying
ont n construction OF railroads.
II is further considered, ordered.
adjudged and decreed that the rights
of plaintiff to enter upon the salo
right of way, and to take grade anu
Npossess the same as h~ereinabove de-
creed, and the duty of defendant 10
vacate aud surrender 20 plainttn the
possession thereof. shall be limited IN
lime TO the space and neriod ending
Eve years from the date Of this de-
cree.
II isk further considered, orferei;
adjudged and decreed that the sd'i
defendant be and Ii Is ~restrainei ana
enioined henceforth from prosecuting
further any condemnation suits or az
,tons now pending or which might be
hereafter bv defendant Instituted IN
sofar as such suits or actions may IN
any wise affect the rights AMI inter-
Gets of the plaintiff company in anG
10 the said line so located and d1optef
nv II. and hereinabove mentioned.
II is further considered. ordered,
odfudged and decreed that the said de-
a be and IL hereby is restrained
and enjoined henceforth from any
further or other entry or trespass
upon h said line OF road so suoPu5,
and Iocated by said plaintin. ana
hereinab ove mentioned, except only
insofar as il Is BY this decree expressly
nermitted to contine the operation OF
its road as now constructed. uhtii
such time as in this decree above pro-
yidad.
~eatudged and decreed that the plain
tun do further have and recover oil
and from defendant its costs herein 10
he taxed. IRA AbbolI
A. L. .Renehan and T. b. Catron' OF
Santa Fe. and H. - FeIgusson, oa
This CITY. appeared for the Arizona
and Colorado road in the case, and w.
Il. childers and others for the Denver
and Rio Grande.