Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-06-23
TO ASK MANDATORY
WRIT AGAINST
SANTA f
CITIZENS TRACTION CO..
APPEALS TO COURT TODAY
Demands Railway Company
Replace Tracks in Original
Position; Engine and Cars
Guard Crossing.

All night long, smoke cuTled from
the stack OF q locomotive coupled te
three box cars, guarding the crossing
at the railway tracks and Tijeras ave
nue. to prevent the Citizens Traction
company from putting its rails across
those OF the santa 1e a. that point,
| while until . late hour, attorneys fol-
the Traction company with their stem
ographers, worked on a petition to
the district court for a mandatory in
junction against the railway company,
At a meeting OF tie board Of direc-
| tors Of the Citizens Traction company
last night, Attorney isaac Barth AMI
| the law firm OF Mann a Ncnabie were
instructed to take whatever legal ac-
ton thea judgment might dictate 10
force the Santa Ec railway to permit
the Traction company to lay its
| rails across the tracks at Tijeras
avenue. The attorneys. after consul
tation, decided that they would ask
Tor a mandatory writ, requiring the
Santa lfe to place its rails IN exactly
the position they were in when the in
Injunction vas dissolved Monday.
All fIA tCltludN .lilt CdllAd ~ htHA
a large force of men busy movins
a switch about thirty feet north of its
former location so.that the frog would
come exactly IN the middle of Tijeras
avenue. thereby rendering useless the
present equipment Of the Traction
company. To cross the SantaIse tracks
under present conditions would force
the traction company to buy new ma
~terial entailing additional expense
and loss of time. At least this is
what the directors of the traction COM
pany assert.
The attorneys for the railway co.i..
pany on Tuesday, asked for twenty-
four hours in which To file an am.--id-
ed petition. The time was granted by
Judge Mechem sitting in this district
in the absence OF Judge Abbott. The
attorneys for the Traction company
Will charge in their petition todays
thai the railway company utilized the
extra time to SO change their tracks
that the crossing vas not possible IN
der former conditions. Tie petition
of the Traction company will ask that
the court issue Il prompt order for
the SANTA re to replace the tracks in
their former place ana permit ti.s
street car line to cross without inter-
ference.
= Ailt hit'tiiiE VI tiAt iiliH VI VI
rcctors of the Traction company last
night there were present; A. w.
Hayden. president; Isaac Bartll, secre-
tary: Il. Lembke, d.. II. Boatright, w.
G.. Hope and A.. a. Trimble.
The directors acting as trustees for
the stockholders, decided that the
road should be built across the tricks
at Tijeras venue believing that tleS
would be guilty of a breach Of trust
to order It changed at this time.
The engineer employed by the di-
rectors reported that in his opinion
~ Romero and . Il could not furnish
the ties needed for HE street car line
fast cniugh to keep to their contract
ana . contract for 1900 ties was Jet
10 the American Lumber company. It
was decided to take all the ties that
the Romeros might have on hand at
contract price and cancel the contract
Tor the balance, in order not to dc,ay
the completion Of the line.
Tho attorneys for the traction COM
pany win apply for the writ mi.
morning and II is probable that Judge
Mechem viii hear the argument this
afternoon ut > o'clock.
II was also rumorcd last night hat
the city attorney would intervene in
the suit on behalf of the city. to pro-
tect the municipal rights. which woulL
further add 10 the complications. THIS
given color by the fact hat
Mayor Lester and some of the alder
men visited the switch AT Tijeras ave-
last evening. The Santa Fe rail-
way has several special officers i'm The
city. who will remain here until the
controversy is settled, relieving each
other at the crossing.
An amusing feature of the affair is
an engineer and a fireman arc
drawing full pay night and day for
sitting In an engine cab at Tijrrts
crossing ana looking wise.