Show New ew Tunnel Suit Causes No Delay Steamboat Sentinel The fact the Moffat tunnel has been attacked in the courts courts will not nol be allowed to interfere with the plan of beginning construction of the big bore at once and it is now considered consider consider- ed certain that the work on the western western western west west- ern portal of ot the pilot tunnel will be under cover cOTer well before winter weather can act as a handicap to op op- op- op The Tunnel commission has secured an an assurance of advances of which will b be sufficient to meet all expenses until December 1 by which time it is confidently expected expected expected ex ex- that pending litigation will have haTe ben cleared up w with th a favorable fa decision from the tho Supreme court The attempt to delay or prevent the building of the tunnel came last Thursday with the tho filing flUng of a petition pet peti tion In the District court by John Robertson Smith a Denver attorney for himself and for Wolfe Bros Dros Land company who ask asked d hat they be bo allowed to to become additional and nul intervening plaintiffs in tho the friendly suit previously filed to determine the constitutionality of the Moffat Tunnel Tunnel Tun Tun- nel bill These new parties subscribe subscribe subscribe sub sub- scribe to all of ot the alleged objections already made and also present 13 new charges based upon various technicalities Attorneys friendly to the tunnel declare that no new points have been raised and that there is practically no danger of the suit being adverse However no matter what the decision of Judge Johnson in the District court may maybe maybe maybe be the case will be bo at once appealed appeal appeal- ed to the Supreme court in order to secure the expected OK of that body The hearing on the application tion for an Injunction first set for Wednesday of this week has been continued until Aug 28 when It Is expected to be disposed of in the lower court The supreme court will wUl take it up early in September The sale of the bonds will be delayed delayed delayed de de- I until after the supreme court passes upon the case as the securities securities securities ties will command a much better price and can be sold Bold at a lower rate of interest when they have been upheld upheld upheld up up- held by a favorable court decision The tunnel commission will have ample ample am am- funds funds to t to work with in the the- meantime meantime meantime mean mean- time through the arrangements made and the power plant for use useIn usein usein in driving the tho pilot tunnel has al already already already al- al ready been secured This will be placed in position during the present present present pres pres- ent month and by early In September Septem Septem- ber her the driving of the smaller bore will be well under way from the western end The pilot tunnel will be driven and operated by the commission it itself itself It- It self seU Independent of the contract for forthe tho the work on the main bore The city of at Denver will provide of the money which is to be bead ad advanced to the commission for its expenses expensed prior to the sale of the bonds this being an advance payment payment payment pay pay- ment of rental on the pilot tunnel I which after completion of the railroad railroad rail rail- road tunnel will be used to convey water from the western slope to the eastern side Bide of the range to increase Denver's supply of water for municipal muni muni- cipal purposes |