The Canon City record with which is consolidated the Canon City cannon., 1913-08-28
COMMISSION
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twelfth. the members OF the state rail-
road commission will hear evidence
in Denver in the suit brought by the
City OF Canon City against the Flor
ence & Cripple Greek and the Canon
City & Cripple Greek railroad lines.
The action IA one In which the city
council and the chamber OF commerce
here are trying to compel the railroad
company to reconstruct about nine
teen miles Of track In Phantom canon.
which was washed out during the
foods in the Cooper mountains in
July. 1919.
After the matter has been formally
presented to the commission II viii
come up for trial before Judge wlikin
IN the Fremont county district court.
but the time for the judicial hearing
mas not yet been fixed Il VIII. like
iy. be well along towards the end Of
next month before Il reaches the
court here. The prosecution OF the
suit is being directed BY City Attorney
Augustus Pease and he is confident
that the city has a splendid case.
Mandamus proceedings TO compel the
railroad company to rebuild its line
through Phantom canon and to resume
the operation Of trains between Cam
on City and the Cripple Creek district
were instituted several months ago.
but thus far nothing tangible has been
accomplished. Suit wss brought un-
der the company's charter as n COM
mon carrier; the complaint alleging
that the defendant assumed q duty and
responsibility to the public that it|
cannot at vii set aside.
The matter was 70 have come np
for hearing before the railroad cozn-
mission Tuesday. September second.
but on account OF the Illness of
Charles Harfzeii OF Denver. attorney
for the defendant. II was. by agree
menf. postponed for a week or ten
days. The plaintiff IL advised by
counsel that Il will be in a position
TO make a good showing when the
case is brought 10 trial and the be-
lief IL growing that Il viii win its
contention in the courts.
Unofficial inquiry has recently oeco
made here. presumably by agents of
the railroad company. for the purpose
Of ascertaining whether the people OF
Canon City would be satisfied II the
road between here and Cripple Greek
was electrified and operated as a
trolley line. These inqnirers have IN
every instance been given 10 under
stand that people here will not be
contsnted with such a compromise
and that the only way the company
can make good will be to rebuild
the road through Phantom canon and
operate steam cars over II the same
as II did before the wash-out. twelve
months ago. The substitution OF an
electric road between here and Grip
pie Greek for the transportation Of
passengers and freight for the steam
road provided by the company's char
scr will not be satisfactory solution
of the problem 90 far ~ the plaintins
in the suit are concerned. although
better than no road at all.
What the people here want IL re-
construction Of the road and the
restoration Of traffic from here to the
Cripple Greek district precisely a.
was the case prior to the fioods that
destroyed the roadbed through the
canon. In fact they will hardly be
reconciied with anything less. The
complete abandonment Of the roadbed
and risht-of-way by the railroad COM
pany would be better than the pres
ent state Of things and people here
want n rebuilt and re-obcrated road,
or formal vacation Of the property.
In the latter contingency the right
coi-way could be utilized for a public