Show rio grande western vs the power plant BE transferred marshall held t flail to be tried the testimony bacun alen judee bousenberry Busen berry court this mornine the h ret asse on the calendar the rio grande western railway jo ve the telluride power transmission co WIE calad judge harkness Har knees representing the railroad f said plaintiffs were ready for trial but ex senator representing the defendants bald they objected to going to trial in the stata court ao the causa had been properly certified and removed to the united stales D strict court this action ib was argued tok it out of the state court and should it now ace heard here it would be usurpation on the part of the state judge while the arguments were being made by mr brown word arrived that judge marshall had remanded the case fur trial to the state court and the casa was then beean by mr wedgwood makins a statement for the plaintiffs tho incorporation papers showed the rio grands western had intended building a branch line through the canyon maps were then made of the intended route showing it would go through the land in dispute being un surged public land stephen A bailey of telluride was entered in the case for defendants the plaintiffs the organization of the denver rio grande western railway co the denver state line railway co and the jilio grande western railway co under objection of the counsel for defendants who held that the incorporation papers of the rio grande western aeo not in com aliance with th aej ui ano state judge harkles Har knes said that iho organization of the kio granda western was strictly in accord with the laws of the state and of colorado which laws are the same the same papers and others filed with the secretary of the interior to show the right of the company to eater public lands for the purposes of of way very were also submitted in evidence and objected to by the defendants fend ants th laws cf colo ado showing tha pap tal conformed to t ann were also A deed of A L murphy aad cifa to t e ground in dispute as also sub gilted milted objection to it was offered ff ered because ho had nothing io convey he was only a squatter atje objection was overruled the dead waa dated june 26 and did not describe des he loads as it is than to say it is a strip a hundred 0 along the line of survey of iha purk city branch A recess was then taken until m tto allow to arrange their tes mony the behag under the impression that another case that of t e R G W vs W W ferguson in similar questions would come first |