The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-06-15
Agreement Reached Without Issu-
ing lnjunctions and "War"
Over Construction of
Track Is Over
EFFECT COMPROMISE IN COURT
M. r. Co. Decides Not to Cross Streets
Nor Interfere With City's Right
to Condemn Land. Will
Shorten Spur.


city of Hancock and the Mineral Range
railway over the construction of sid
ing on the railway right Of way In
west Hancock were temporarily settled
yesterday afternoon by the reaching OF
an agreement between the contendlng
parties. AS a result of this agree
ment the police were last night with
drawn from watching the crossing at
Michigan and Elevation street. and the
railway company is left To construct
its spur. without molestation, but con-
fined 1t to the shorter strip between
Michigan street and Elevation, on its
own right-of- way, without crossing
the streets mentioned.
This agreement was reached in cir
cult court yesterday afternoon. when
both the railroad company and the city
appeared before Judge Streeter for in
functions against each other, during a
recess I'm the jury trial then I'm pro-
gress, and in consequence no injunc-
tions were Issued. For the time being
il appears that the trouble is over and
that there will be no further difficulty
between the city and the railroad com
pany. The details of the proceedings
by which this result has been brought
about are as follows:
The city of Hancock applied for a
writ of injunction against the Mineral
Range Railroad company. and the
matter came up before Judge Streeter
at 80 this afternoon At the same
time. the Mineral Range Railroad COM
pany applied for a writ of injunction
against the City of Hancock. The
Judge was unable to hear the parties
until o'clock. when a recess was had
on the jury trial which was then going
on In the court During the interval,
the parties talked the matter over and
the Mineral Range submitted a prop
osition which was turned down by the
city. so that at o'clock the applica-
tion for injunctions by both parties
were submitted to Judge Streeter.
The city claimed the right of injunc-
ton on three grounds: First, that the
spur or side track, which was being
constructed by the Mineral Range
Railroad company along the north side
of it's right Of way. between Eleva-
additional railroad crossing over Ele-
vation and Michigan streets; and sec
ond, that the right of way of the Min
eral Range Railroad was of such a
steep grade that It would be dangerous
to public safety to permit cars to
stand on the siding; and in the third
place. that the city had passed reso-
luton to widen Railroad avenue norm
of the railroad right -ofway and to ap-
propriate twenty-f foot strip along the
north of the said right way extend
ing from Elevation street to Ethel ave-
nue.. and that the laying of this spur
track over that strip would increase
the damage the city would pay to con-
denim the strip aud would also have
weight with the jury as to the ques-
ton of the necessity of the use OF THIS
strip for the city or by the railroad
company.
The Mineral Rnnge Railroad com
pany asked for an injunction on the
ground that they did not intend 10
cross Elevation and Michigan streets
that they had shortened their proposed
side track so IL could not possibly
extend across those two streets, out
were intending TO build short spur
entirely within their own right OF way
for the purpose of their railroad busi-
ness and which they claimed they hau
a perfect right 10 do without the citys
interference, and asked for an inJunc-
tion to restrain the police force ana
officers of the city from trespassihs
upon their right Of way.
Mayor Dodge and Surveyor Stockiy
were present. also superintendent
Smith and Road master Johnson On
the hearing OF the matter. Mr.. Rees'
who represented the Mineral Range
Railroad company. stated that ne
would consent and agree that II be un-
derstood that the rights Of the city 10
condemn would not be changed by the
putting in of this spur, tha; the iega
rights of the parties would Stand III th'
same condition as they were AT pres
ent and that the putting In OF the spur
would be agreed to In no way inter
fere with the right of the city to con
denim the strip: that they would snort
en- the spur and would not carry y
across any of the alleged streets; 'na'
II the city wished to file petition ,'
condemn strip. they would cer'ain,S
have the privilege to go ahead ana u'
that. but in the meantime the railroad
company should be allowed to use the"
property In any proper way as long ~
they did not interfere with the rights
OF the city.
Judge Strcctcr thought not un'cl