The Greeley tribune., 1910-01-20
HOUSTON AND ALLEN
ORDERED INTO (Ourpr

OsnNStED lN1O COURT
Many OF the municipal authorities
ana property owners look upon the
action OF the Union Pacific as d.
direct slap ut the city. and resent
ment III nigh against the railroad.
me nrst move In the latest phase
OF the Union Pacific case apnearad
last Saturday afternoon when tha
street car company laid a double linz
or trackage on about 100 feet of
what the Union Pacific claims as
their right OF way and running their
lines to within five feet OF the snake
line lately placed by the Union Pa
cific across Third street.
About the same hour Mayor Hons
ton was in conference with CITY At
torney Ewing, when Deputy United
States Marshal Franks appeared at
the Office and served the papers on
Mayor Houston. He then set out
after President Allen OF the street
car company and found him this
morning.
The action OF the Union Paclic in
their suit. a. sustained. will mean
that they can, if they see tit, and
they probably will, 1t is said, tear
out the city sewerage systems across
their claimed right of way, they will
be allowed to keep their trains across
the Greeley streets AS they do in any
other part OF their yards, tiagmen
will have to be done away with and,
in brief. the railroad will have the
same right to that portion OF land
now occupied by Greeley streets as
1t does now to any other part OF its
yards.
Said City Attorney Ewing this
morning. We would rather be
brought into court than to go volun-
tarily."
After setting up their claims for
the bringing of the suit against Gree
ley in the United States court. the
Union Pacific goes on to state what
1t wants II shows that the United
States gave them grant 200 feet
on either side OF their tracks. lead
ing from the Missouri river to the
Pacific ocean for the return privilege
OF the government to use the road
for the transportation of the military
and postal service" It is in conse-
Quence. so states the railroad, that
the Union Pacific cannot dispose of
any portion OF their 4OO-foot right
OF way even though they wished to
do so. because 1t would be In de-
fiance to the ruling of the United
States.
They further claim that none of
the streets or alleys which the city
OF Greeley claim across their tracks
have ever been legally open. II is
further stated that the city OF Gree
ley never had any right to the title
to this property.
Neither First. Second. Third,
Fourth or Nineteenth streets. 30 they
claim. has ever been opened for us
age Other streets. 80 the complaint
alleges. have been more or less
open, but no permission has ever
been granted to open them.
Then the complaint gets down to
work done by the railroad and claims
that on January IL. 1910. while en-
gagged in the lawful construction
OF tracks. said George Houston, ac-
companied by other persons. forbade
the agents of the road to proceed in
their work When they refused
It 10 stated that Eugene williams and
Acting Chief Ahrend placed q civil
engineer. an assistant foreman and
a laborer under arrest.
II was at this time that Mayor
Houston sent the service "forbidding
the Union Pacific from laying any
more track
II Is stated that n squad OF fifteen
men were sworn in as policemen and
that they patroled the Union Pacific
right of way to prevent the men
working. by force. IL necessary. II
shows that the city council ratified
the action taken by the mayor.
The complaint finally demands
that the mayor be forced to come
and answer to the complaint which
asks. first. for an order for an in
junction against the city from any
rights to the claimed 4O0-foot right
of way of the Union Pacific. and they
want. secondly. n quiet title to t"e
property and want the city to pay
the costs of the suit.
1T means. II they are successful.
that the city will have to do all over
again what II has taken thirty years
to accomplish" said Attorney Ewing
this morning
The complaint OF the Union Pacihc
is signed by c. c. Dorsey and W. v.
Hodges OF Denver, attorneys for the
Union Pacific.
President Allen OF the street car
company said this morning in speak
ing OF the case: I'VE nave placed
our tracks on what the Union Pa
cifc claims AZ their right OF way ana
we are going to keep them there.
REGULAR SERVICE 90 BE
PLACED TO MILLikEN