About the 1st of February, 1878, it became apparent that the Santa Fe was prepareing for another movement, but in what direction could not be ascertained, through the suspicion arose that it was to be toward Canon City. Palmer watched every avenue closely and prepared to spring at the critical moment. The last week in February the secret was discovered. The Santa Fe had plotted to capture the Raton Pass. Hundreds of men and scores of teams had been gathered with the utmost celerity and pushed into the pass, which had been surveyed and, to all intents and purposes, occupied by the Rio Grande. The two lines ran side by side. Naturally enough, this sudden coup created some consternation and for a time there were open threats of an armed conflict, but none occurred. On the 26th of February the Santa Fe force completely occupied the grouond in dispute and refused to be dislodged. The people of Trinidad, hostile to the narrow gauge, because Palmer and Hunt had avoided them and built a rival town at El Moro, only five miles distant, openly espoused the cause of its opponent and furnished it with men and sinews of war. In the pursuit of its purpose under forceful leadership of W.B. Stong, who had been taken from the Chicago, Burlington and Quincy and made Vice-President and General Manager of the Atchison Company, and who developed into one of the most determined railway leaders of the West, the next advance was made in the direction of the Grand Canon of the Arkansas RIver the gateway and the only practicable one, to the mines of Park and Lake Counties.
About the 20th of April, 1878, Mr. Strong began grading a line from Pueblo toward Canon CIty, with the avowed purpose of completing the same within thirty days. The Atchison Company had recuperated its finances - which at the time of entering Colorado had been at a low ebb - and entered upon an extensive scheme of railway building. Two and a half millios had been provided for brancesor feeders to the main line in Colorado and there was a report that the Arkansas Valley branch would be extended to Denver. It became evident that Mr. Strong intended Paralleling the Rio Grande into all of its most productive territory and that he had fully resolved to break up that corporation. The situation in Southern Colorado daily became more and more exciting. BOth companies were in arms and arryed against each other in deadly hostility.
The contest for possession of the Grand Canon of the Arkansas River began on the 19th of April 1878. The Rio GRande People having possession of the telegraph lines, discovered the ulterior designs of the Santa Fe by deciphering its cipher dispatches, and they were about to make a sudden dash into the canon. A spirited scramble for precedence ensued. Mr. Strong was at El Moro when he heard of a movement by the RIo Grande engineers to cut him out. He instantly made application for a special train to convey him to the spot, but was met with prompt refusal. One of his surveying engineers, named R. Morley, was at La Junta. He was immediately telegraphed to take an engine and run with all speed to Pueblo, and from thence to outrun the Rio Grande force to Canon City. He obeyed, arriving in Pueblo at 3 o'clock on the orning of the 19th. There he asked for a narrow gauge locomotive to carry him to Canon, but it was denied. Palmer's men had made arrangements to send a force of one hundred laborers in the same direction early that morning. Unable to procure steam power, this bold engineer mounted the swiftest horse he could find and struck out under whip and spur for the mountains. It was a ride of 45 miles, and the desperate emergency demanded that horse and rider should be strained to the utmost. Morely felt that he must, at all hazard, beat the Rio Grande into Canon City and having a few hours the start, it was simply a question of endourance. When within a few miles of the goal the horse fell dead by the wayside. The rider without stopping, ran at top of his speed the remainder of the way. Arriving in the town where the sympathy of the people was given most heartily to the Atchison cause, he quickly gathered a force of one hundred and fifty men and with them rushed to the mouth of the canon, two miles distant and by the time the Rio Grande forces arrived on the scene, half hour later, had full possession. For this exploit he was presented by Mr. Strong with a splendid gold mounted Winchester rifle, which subsequently caused his death. While acting as chief locating engineer for the Santa Fe Co., from Guyamas, Old Mexico, he attempted to remove the rifle from an ambulance, when the weapon exploded and he was killed.
Exciting telegrams flew thick and fast over the wires. Bodies of men were moved from point to point with the utmost expedition. Each company had grading and fighting forces in the canon. THe Santa Fe sued out writs of injuction in the local court. Chief Engineer J. A. McMurtrie and R. F. Weitbrec, the Treasurer, were placed under arrest. Conflits arose between the working forces. ENgineers with gangs of graders seized every available point in the narrow gorge below and above. Arrest became matters of daily occurence, but the Santa Fe appeared to have the advantage. Mean while, the attorneys on both sides were stripping for a gigantic wrestle in the courts over the question of prior right. Hon. Thomas Macon represented the RIo Grande and Gilbert B. Reed the Santa Fe. On the 26th day of April, DIstrict Judge Henry issued an injunction against the Santa Fe. The conflict in the cannon continued, but without bloodshed. About the last of April the cause was brought up before Judge Hallett in the United States Court. In the meantime, the standard gauge company held its advantage in the Raton Pass and had let contracts for the continuation of its main trunk into Mexico.
On the 6th of May the contestants appeared in the Federal Court on a motion by the Rio Grande to transfer to that tribunal the injuction case begun in the State Courts. At a previous hearing the application had been denied, but was now renewed upon the plea of the D.& R.G. Company that, owing to the prejudice of the people, it would be impossible for them to secure an impartial hearing in Fremont County. And this was substantially true, as I personally witnessed. The narrow gauge had scarcely a friend in the town of Canon. The masses were almost indivisibly for the Atchison Company, and they gave it every posible aid and encouragement. The underlying cause of their hostility was the same which had exasperated and alienated the people of nearly every other established town approached by the Rio Grande road, whose projectors attempted, instead of entering and aiding them to leave them to one side and built up rival settlements near their borders. It was a short - sighted and ultimately proved a very disastrous policy. Its frutage caused Palmer and his associates interminable trouble, that might have been avoided by more rational and liberal course.
In the Federal Court on this occasion, the Denver & RIo Grande was represented by Wells, Smith and Macon of Denver and H. A. Risley of Colorado Springs, andits adversary by Willard Teller, Gibert B. Reed and Charles E. Gast. Arguments having been heard, Judge Hallett resolved to invite Judge Dillion's consideration of the case before rendering a decision, but in the meantime issued an order restraining both parties from working on the disputed ground, and from interfering with each other until a determination of their respective rights should be reached. He granted an injunction to the RIo Grande against the Santa Fe, and permitted the one already obtained by the latter in the State Court to stand. Both parties were to withdraw from the field and remain passive until the further order of the court, and each was required to give bond in the sum of $20,000.00 with sureties to be approved by the court.
In obedience to this decree, the laboring and fighting forces were withdrawn and discharded. Thus ended the first chapter of chronicles in this celebrated case, but the war broke out again with accentuated virulence, later on.
June 1st concurrent opinions were filed by Judge Dillon and Hallett and orders in conformity therewith issued by the latter. It must be understood in this connection that the Santa Fe people had conducted all their operations in the name of the Canon CIty and San Juan Railway Company, a local organization whose franchise had been purchased by them. The effect of the orders mentioned was to permit the Canon City and San Juan Company to resume grading in the Canon, but to continue the injunction restraining it from laying rails upon the grade; the injunction against the Rio Grande to remain unchanged. These orders were designed to operate temporarily until the case could be thoroughly examined at the regular term of the United States Circuit court to be held in July.
A portion of page 108 and 109
This portion of the Meade's Manual transcribed in altered form by Russell L. Crump
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