Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-06-25

The attorneys for the Citizens Trac-
ton company won a complete victory
Yesterday when Judge Mechem grant
ed Il mandatory writ oe injunction
against the Santa F'e railway COM
pany forbddlng that company from
further interference forever, with the
Traction company in placing its lines
across the tracks at Tijeras avenue
and giving the railway company Just
tWenty-four hours in which to Ie-
move the spring frog from the ave-
nie and restore its tracks there, 10
their original condition.
The court also allowed the Traction
company $500 for attorneys Ices ana
$50 for payment to an engineer who
made maps of the tracks at 'Iigeias
avenue.
The attorneys for the Santa Fe then
asked for superscdeas bond ana sus-
pension of judgment pending an ap-
peal They were permitted 70 take
an appeal as to the $3.50 but the visit
OF injunction was placed in effect ly
Judge Mechem.
Probably no case in recent years
aroused the interest shown In inns
affair After preparing to block the
crossing with cars and after removing
a switch so as to make the apparatus
OF the Traction company useless, dle
Santa Fe Railway company was fore
ed by a COURT order to undo its work.
1t took the railway about twenty-tour
hours to remove the switch and in
the opinion Of the court, the same
space Of time was necessary for it to
restore the switch to its former posi-
ton.
In making the order the court sug-
gested 10 the attorneys for the Trac-
tinm company this They sh0uldvtlSass II
due haste in placing their crossing
over the Santa Re tracks al Titeras
avenue and not discommode the rail-
way company more than possible
This the attorneys said would be done.
The case come up for hearing this
morning before Judge Mcchem and
the attorneys cited many authorities.
The Santa Fe railway was represent
ed by Colonel Ralph f. Twitchel OF
Las Vegas and Colonel +. w. Dobson
OF this city. Frank l.. Myers. super
intcndent of this division, was also
here The Traction company was
represented by Attorney Isaac Barth,
its secretary, ana by Mann and Ven
able The attorneys addressed the
court at some length
Following tho Judgment of the
court the board Of directors OF the
Traction company held meeting.
It was decided that as there were now
plenty Of ties available the conatruc-
tion of the line would be rushed and
it will likely be completed in thirty
DAYS.
Concerning the directors meeting
Attorney Barth said:
"On behalf of the directors and stock
holders of the car line, ! desire 10
state that one and all believe that no
matter what the cost may be, we
should install a safety device at that
crossing which viii give ample pro-
lection to both our passengers ana
those Of the Santa Fe railway, we
believe that it is not only our duty 10
do so, but that as individuals we
would not be good citizens to put Il
line in operation which would en-
danger the people of this city or those
carried by the Santa Fe trains lfaV-
ing won our fight for the right To
cross the Santa Fe tracks, we are
now ready 10 meet with the city couh-
ell. the Santa Fe officials or any one
else in consultation as to the nest
device for this purpose. 40 matter
what the cost may be. we believe we
should install the best safety device
that has been invented for such
purpose and we intend TO DO H.
1t is understood that the Santa re
Railway company viii at once place u
force Of men nj work restoring the
switch to its former position. oiilcers
Of the Traction company said they
did not desire to question the author
itv and the right Of the city council