Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-13
LITTLE BUSINESS
IN COURT TODAY
Hearing in Injunction Suit Of County
Commissioners Versus Pedro
Romero involving Road.

Territorial district court for Santa
Fe County reconvened this morning
at 10 o'clock, Judge John r. McFie
presiding and Clerk Francis C. vii.
son was at his desk The Territory
was represented by District Attorney
R. G.. Gortner and Assistant District
Attorney G. c. Catron.
The only case taken up today was
that of the Board of County Commits.
sioners of Santa Fe County, and the
Yellow Pine Lumber Company versus
Pedro A. Romero, in which it is
sought to make the temporary in.
junction forbidding the defendant to
obstruct public highway made per.
petual. A jury was waived by coun-
sci and the case was heard by the
court after which it was taken under
advisement.
Attorney Benjamin NJ Read appear.
ed as counsel for the defendant who
alleges that the road in question is
private one on his own property
and that he has a perfect right to
close it if he so decides District At
torney Gortner on behalf of the coun.
ty commissioners claims that the road
in question is a public highway by
right of dedication and has been in
use as such for number of years.
The Yellow Pine Lumber Company
uses this road in hauling lumber from
it's saw mill and when Mr.. Romero
built a fence across it petitioned the
county commissioners to nave the OBJ
struction removed which precipitated
the present suit.
A demurrer was argued yesterday
afternoon in the case of c. w. Dud-
row of this city versus the Atchison,
Topeka and Santa Fe Railway in
which the plaintiff seeks damages for
injuries sustained in an accident last
year at Haywood Hot Springs. While
Mr.. Dudrow was attempting to board
moving train at Haywood Hot
Springs station he was thrown and
among other injuries sustained a frac-
tured arm. The arguments yesterday
were submitted orally and counsel for
the plaintiff asked time in which to
file a written brief which was granted
by the court. Attorney Gortner has
been retained to represent the rail-
road company in the suit
A hearing was heard in chambers
yesterday before Judge McFie in the
mandamus suit filed in the district
court of San Juan County
the board Of county commissioners of
that county. This litigation is the out
come of the county commissioners in
refusing to build wagon bridge
across the San Juan river at a point
designated by the petitioners who are
named in the case. R. ]. Chambers.
chairman of the county commission.
ers, who appeared as witness for the
respondent testified that it was mad
visable to build wagon bridge at
the point designated and gave reasons
why. He said in the first place the
cost of construction would be more
than the county board was authorized
to levy and also the river is slowly
changing its course at this pOint. Dis
trict Attorney Alexander Read OF
TERRA Amarillo represented the res
pondent. Attorney A. M. Edwards,
who is counsel for the petitioners was
unable to be present and he was CIV
en- opportunity by the court to reply.
The Territorial grand jury is ex.
pected to make it's final report tomor'
row when several more indictments
may be returned.