Show COURT T ASKED TO DISMISS MUFF MOFFAT AT SUIT Efforts t o 0 Enjoin R Rio i o Grande From Getting Road Fought a Hr RY Associated ao d I err-I WILT Del Jan 21 A 21 A petition asking dismissal of a suit to enjoin the carrying out of an interstate interstate inter inter- state commerce commission order giving the Denver Rio Grande Western railroad permission to acquire ac acquire acquire ac- ac quire control of the Moffat road was presented in U. U S. S district court to- to day lay The petition was presented by Elmer El Elmer Elmer El- El mer B B. B Collins a special assistant to the United States attorney general who was among counsel for tor the defendants de defendants de- de the Denver Rio Grande Western and the commission Argument by counsel for tor the complainants complainants complainants com com- the Moffat Tunnel league of Steamboat Springs Colo and the Uintah Basin Railroad league of Iy My- My ton on Utah was heard yesterday The complainants asked an injunction injunction injunction tion against the commission sion order on the ground that if the Denver Rio Grande Western acquired control of the Moffat road a plan to build a railroad railroad railroad rail rail- road line through territory they have settled would be abandoned They contended the territory was settled on on a promise that the line would be built The petition for dismissal of the injunction in injunction injunction in- in junction suit stated the complainants represented owners of only a small part of the land affected by the proposed proposed proposed pro pro- posed new line and that their legal interest was not sufficient to entitle them to bring suit in their own name It conceded however that they would have the right to intervene in such an action Numerous opinions of the United States supreme court were cite cited to to uphold this contention Collins said the c court urt did not have authority to grant the complainants the transportation relief the they sought While the court could issue an in injunction injunction injunction in- in junction against the commission order or order order or- or der he said it could not require the railroad to build the proposed line The petition denied the contention of the complainants that the they were treated unfairly at hearings before the commission when the order was wasI under consideration It was stated the I witnesses for tor the leagues sought to Introduce irrelevant testimony at the I hearings Collins said that nothing was done b by the commission examiner which would invalidate the order I |