The Canon City record with which is consolidated the Canon City cannon., 1913-10-23
RAILROAD
HEARING is
ADJOURNED
TO DEC. Is

The hearing OF the petition OF the City
Of Canon City to compel the Florence
q Cripple Greek Railroad company to
rebuild its line through Phantom
canon and restore It's train service be-
tween Canon City and the Cripple
Creek district until Monday, Deccm-
ben fifteenth. when the case viii be
recalled In Denver for a continuation
OF the evidence.
Adjournment was made for the pur-
pose Of anording attorneys for tho
plaintiff an opportunity of examining
the books OF the defendant company
so far as they relate to the cost o.
operating the road. and, for the furth-
er purpose OF giving Max Burgdorn
chief engineer OF the company. o
chance to make a more perfect exami-
nation OF the condition OF the rail-
road property In Phantom canon and
20 complete his estimates OF the cost
OF repairing the damages to the track
and roadbed OF the defendant com
pany by the flood OF July twenty-nrst
Isis
The plaintiff rested its case at ,
O'Clock Tuesday afternoon. whereup-
on Ralph HartzelI. general attorney
for the railroad company. made .
motion that the hearing be dismissed
on the ground that the plaintin had
not shown from its testimony that
there vas . cause az sction against
the defendant. and that the petitioner
had not established the contention set
up In the complaint. The motion to
dismiss was overruied Aaron p. An
derson. chairman OF the commission
and the defendant ordered to procecc
with the introduction of such testi-
mony a. Il might have to Offset the
evidence presented by the plaintiff.
The nrst witness called by the de
fcndant was r c. Matthews OF Colo
rado Springs. traffic manager for the
Colorado Springs short Line aud It's
allied roads OF the Cripple Greek dis
trict. Mr. Matthews said. that OWNS
10 a special tranie agreement between
properties Owned by stockholders Of
the defendant company and the DEN
yer A Rio Grande road. Canon City
shippers were given the same freight
rate TO the Cripple Greek district at
present. via Pueblo and Colrado
Springs. that they formerly had over
the direct Iine afforded by the Flor
ence a Cripple Creek road through
Phantom canon. He also gave some
figures. alleged to have been taken
from the company's books. In relation
10 the amount OF freight. as well rs
passenger business. originating In the
Canon City district for Cripple Greek
and Teller county. carried over the
Florence & Cripple Greek road.
The second witness for the defend
ant was Z. 8. Hartweli. chief auditor
for the Colorado Springs Short line
and allied companies. who stated In
evidence that duriag the last twenty
two months previous to July twenty
arst. 1919. that the Florence q Grip
pie Creek road was operated at loss
10 the company of about 100000. but
upon cross examination by counsel
for the piaintiff II was asccrtained that
this. amount included interest on
bonds taxes and other expenses not
properly charscable In this case. Mr..
Hartweli resumed his Testimony on the
rc-asscmbiing OF the commission this
morning and gave summary OF the
cost Of operating the Florence q Grip
pie Creek road during the twelve
months prior 10 the washout Of fifteen
months ago. AZ the conclusion Of his
evidence tho hearing was adjourned
The figures presented BY witncsses
for the defendant sendlns 10 show the
szpenss aceount Of the Florsacs =