58 



GUIDEBOOK OF THE WESTERN UNITED STATES. 



As the train approaches the point where Fountain Creek joins 

 Arkansas River the traveler is made aware of the presence of Pueblo 



Judge Hallett handed down a decision 

 wliieh granted to the Canon City & 

 San Juan Co. (Santa Fe) the right 

 to construct its line as surveyed — up 

 the gorge for 20 miles. The Rio Grande 

 A^'as restrained from interfering in any 

 way with this work but might proceed 

 (if it could do so without interfer- 

 ence) to build a pai-allel line, and if 

 it became necessary might, on applica- 

 tion to the court, be allowed to use 

 the tracks of the rival road. 



The Rio Grande appealed from this 

 decision to the Supreme Court of the 

 United States and began constniction 

 above the 20-nule limit of the Santa 

 Fe, but as its financial condition was 

 desperate and as it had been denied 

 the right to the Royal Gorge there 

 seemed to be no other course but to 

 bow temporarily to the stronger road. 

 Accordingly, on December 2, 1878, the 

 entire Rio Grande system, embracing 

 337 miles of road, was leased to the 

 Santa Fe for 30 yeai-s, the Santa Fe 

 engaging to proceed with the work of 

 constructing the line through the can- 

 yon to Leadville while awaiting the 

 decision of the United States Supreme 

 Court. Altliough the lease was rati- 

 fied by the stockholders of the Rio 

 Grande, it was ratified under pressure, 

 and from the beginning it was a con- 

 stant source of irritation. 



As soon as the Santa Fe obtained 

 control of the Rio Grande it proceeded 

 to carry out its plan of concentrating 

 business at Pueblo, and in so doing it 

 used the Rio Grande merely as a 

 feeder for its main line. This policy 

 naturally aroused the opposition of the 

 old officers of the Rio Grande, and 

 charges of irregularities by both com- 

 panies were freely made. The Rio 

 Grande officials were trying in every 

 Avay to find some valid reason for ab- 

 rogating the lease, which had become 

 to them almost intolerable. 



In the spring of the next year (1879) 

 the great struggle for the posses- 



sion of the Royal Gorge was resumed. 

 Armed parties from both sides re- 

 entered the canyon in anticipation of 

 an early decision of the Supreme 

 Court. In April the Rio Grande peo- 

 ple, exasperated to the fighting point, 

 began preparations to retakte and hold, 

 at the muzzle of the rifle if necessary, 

 the entire system, which they claimed 

 was being operated in violation of the 

 principal condition of the lease. The 

 Santa Fe learned of this contemplated 

 action and issued strict orders to its 

 men not to obey any instructions or 

 orders except those of its own officers. 

 There was trouble, however, at sev- 

 eral places along ' the line ; stations 

 were broken into and considerable 

 property was destroyed. 



While the Rio Grande and the Santa 

 Fe were waging their contest over the 

 occupancy of the Royal Gorge, Con- 

 gress passed an act which specified, 

 among other things, 



" That any railroad company whose 

 right of way, or whose track or road- 

 bed upon such right of way, passes 

 through any canyon, pass, or defile 

 shall not prevent any other railroad 

 company from the use and occupancy 

 of the said canyon, pass, or defile for 

 the purpose of its road in common 

 with the road first located." 



This act was approved March 3, 

 1875. On May 6, 1879, the Supreme 

 Court of the United States rendered a 

 decision which gave to the Rio Grande 

 the prior right to construct its road 

 through the Royal Gorge according to 

 the first survey made through the 

 canyon in 1871-72, but in accordance 

 with the law of 1875, quoted above, it 

 recognized that the Santa Fe could not 

 be prevented from building a line also, 

 and where the canyon is too narrow 

 for both roads from using the tracks 

 of the Rio Grande. Although this de- 

 cision was a victory for the Rio 

 Grande, this road had not succeeded in 

 having the lease annulled and was in 



