DENVER & RIO GRANDE WESTERN ROUTE. 



59 



by the pall of smoke that oA'erhangs this " Pittsburgh of the West," 

 as the citizens like to have it called. Pueblo is essentially a manu- 



the anomalous position of having the 

 first right to the canyon but being 

 estopped from occupying the roadbed 

 on the north side of the canyon that 

 had been graded by tlie Santa Fe and 

 of having its whole system under 

 lease to the rival road. 



While these points were being con- 

 sidered, the attorney general of the 

 State entered a suit to enjoin the 

 Santa Fe from operating a railroad 

 in the State of Colorado. This case 

 was heard by Judge Bowen at the 

 obscure town of San Luis, in Costilla 

 County. Judge Bowen enjoined the 

 Santa Fe from operating the Rio 

 Grande Railroad and from exercising 

 corporate rights within the State. This 

 decision gave the Rio Grande oppor- 

 tunity to regain control of its own 

 road under judicial authority, and 

 accordingly the sheriffs of the coun- 

 ties in the State were instructed to 

 take possession of the property and 

 turn it over to the Rio Grande officials. 

 Wild rumors were afloat that the Rio 

 Grande had organized fighting forces 

 that were attacking the Santa Fe men 

 at several points along the line. The 

 offices of the Santa Fe at Denver were 

 broken open and occupied by Rio 

 Grande men. The governor was pe- 

 titioned to call out the militia to stop 

 bloodshed, but he left the matter en- 

 tirely in the hands of the sheriffs of 

 the counties. 



Counsel for the Santa Fe appeared 

 in the Federal court at Denver and 

 moved to quash the " Bowen injunc- 

 tion." In the meantime the Rio 

 Grande had retaken most of its sta- 

 tions, ofl!ices, and rolling stock. Great 

 excitement prevailed, and some blood 

 was shed. On June 12, 1879, Judge 

 Hallett declared Judge Bowen's de- 

 cision to be null and void, and on June 

 23 he decided that the Rio Grande had 

 unlawfully retaken property and 

 should immediately restore it to the 

 Santa Fe ; then, if the Rio Grande so 



desired, it might institute proceedings 

 for the cancellation of the lease. He 

 also decided that the Rio Grande 

 might take possession of the narrow 

 part of the Royal Gorge by paying to 

 the Santa Fe the cost of construction. 

 On July 14 the Federal court ordered 

 all work stopped in the canyon pend- 

 ing an examination by a commission of 

 engineers to determine the cost of con- 

 struction. While these court proceed- 

 ings were in progress the Rio Grande 

 iengineers erected fortifications and 

 stopped the Santa Fe graders at the 

 20-mile limit specified in their charter. 



On January 2, 1880, the Federal Su- 

 preme Court rendered its long-ex- 

 pected decision as follows : 



" That from the mouth of the can- 

 yon to the mouth of the South Arkan- 

 sas River [Salida] the Rio Grande 

 was to take and hold the prior right 

 of way ; that it might take the road- 

 bed of the Santa Fe in that part by 

 paying for it at the rate determined 

 by the commissioners ; when paid for, 

 all injunctions and restraining orders 

 to be dissolved and set aside, and the 

 Santa Fe was perpetually enjoined 

 from interfering. From South Arkan- 

 sas River to Leadville the prior rights 

 belonged to the Santa Fe by reason 

 of prior location." 



Soon after this the long fight be- 

 tween the two railroads was termi- 

 nated by a compromise agreement in 

 Boston by which the Rio Grande was 

 not to build its contemplated line to 

 El Paso, Tex., nor its proposed line 

 eastward to St. Louis, the Santa Fe 

 was not to build to Leadville, the lease 

 was to be canceled, and the Rio Gi'ande 

 was to pay the Santa Fe for all grad- 

 ing it had done in the canyon. Thus 

 endetl one of the longest and most bit- 

 terly contested railroad wars that were 

 ever fought in this country. In the 

 legal battle.^ some of the most noted 

 lawyers of the West were employed, 

 and the encounters in the field were 



