The Greeley tribune., 1909-07-21
BURLINGTON IN FEDERAL COuJRr
AGAINST LARAMIE
FIGHT OVER RIGHT OF WAY
burlington Asks for Restraining Or.
der In Laramie's Condemnation
Suit Against Greeley Prop
erty-Three Lots Rome
Of Contention

AS result of the condemnation
suits started here by the Denver
Laramie. against the property own
ers along their proposed right of
way. the Burlington road has taken
the case to the federal court asking
an injunction against the Laramie
road to restrain them from acauir-
ing. under the law of eminent do
main. the property in question.
This looks as though an amicable
settlement, which was promised by
the representatives at the city coun-
Gil meeting Saturday night. had not
and probably would not be affected.
The principal trouble is over three
lots between Tenth and Twelfth
streets along the Union Pacific right
of way. which have been purchased
by the Burlington and against which
condemnation proceedings have been
brought by the Laramie. In order to
head of the condemnation proceed
ings the Burlington seeks an injunc-
ton in the federal court
Some time ago. through T. S. Nc
Murray, the Burlington road, as de-
tailed in the complaint, secured title
to the property. with the intention
of building a depot and other build
iilgs thereon, as its terminals for the
road to be run in from Hudson. Here
i" inserted an item of deep interest
to Greeley. for the trustee who
brings the suit. declares the inten-
ton of the company to buId into
Greeley. nu matter what harpens.
About June / the olncers of the
Laramie road brought an action in
the state courts to condemn the three
lots in question under the state emf
nent domain act. This suit was di-
rected against the former owners Of
the lots. The purchase of them by
the Burlington was. therefore, en-
tirely ignored.
When the Burlington officers
| armed of the suit in which they
were left out. application was at once
made to the United States circuit
court for an injunction to restrain
the Laramie road from prosecuting
it's eminent domain action at Greeley.
In the complaint the Burlington sets
out the details of it's purchase of
the lots. declaring they are to be
used for a terminal. The lots are.
therefore. already dedicated to the
use for which the Laramie road in
vokes the state law. The Burling-
ton officers recognize, in the COM
plant, that the proper manner OF
procedure would be a suit for dam
ages. In explanation of their course
the document declares the Laramie
road to be insolvent. so that no re-
lief could be secured If Judgment
we're obtained.
Then the corporate rights OF the
Laramie road are attacked. Its ar
ticles of incorporation are quoted to
show that it's one legal object is to
build road from Denver in a north
westerly direction to the state line
between Colorado and Wyoming. 1t
contains no clauses. the complaint
recites. giving it rights to build any
branch lines. Further Greeley Is
almost northeast of Denver. and
therefore cannot be on line to run
northwesterly from Denver.
Further it is stated that the Lara
mie road did not try to negotiate
for the land in question. hence did
rot exhaust it's efforts to get the
lots peaceably. Without this action
it is held suit at law cannot be
maintained. as it is one of the prin-
ciples of equity that efforts must
first be made to secure rights with
out appeal to courts. Another rea-
son for asking an injunction is that
Burlington officers have been warned
that the Laramie officers have been
preparing to take forcible possession
o., the property.
A hearing was had before Judge
evils yesterday. in which the Lara
mie road asserted that the United
states courts had no jurisdiction, the
suit having been brought in Greeley
against state people by state cor
poration. and being under state
statute authorizing the condemnation
of land by public and quasi-publlc
corporations. Judge Lewis took the
r,atter under advisement, being en-
pected to render an opinion Monday