Wathen was soon encountering similar problems in founding the town over on his west side.
Finally the growth of the place seemed assured, and with both Wathen and Gibson planning to move into it in 1857, the matter of a name came up. Bestor said it was about April 5, 1856, the date of signing the new contract. Many of the railroaders of that day had towns named for themselves by then, but there was none named Bestor due to his own neglect and busy life at Peoria. He offered Wathen and Gibson $250 for the privilege of naming the town Bestor,12 and the two founders turned him down.
"We'll call it Wathener," said James A.
"No we won't," replied his partner. "Since I can't name it Gibson or Gibson City, it's only fair that we select a neutral name."
The only thing they could agree upon was that it would not be named Bestor. They drew straws; Gibson won, and recalling his return from California through the Rio Grande pass of the north, he had surveyor Chitty print the word El Paso at the top of the town plat beside the date, April 20, 1854.13
The terms Junction and Crossing were forgotten and the Count's attempt to popularize the name Illinois Junction failed. By 1858 we find the Chicago Press and Tribune dispatch calling it El Paso; Cobden wrote it as El passo in his March, 1859 diary, and all the Civil War shipping and enlistments recorded the place by its present name. Front Street was built up during that war, all of it on the north side facing the new railroad from Peoria, the business houses extending for four blocks or more. Railroad Engineer Octave Chanute had the tracks completed to Chenoa on February 2, 1857, and to Gilman by September. Again there was a long delay because of finances, and the rails did not reach Effner until December 31, 1859, the final date specified in the charter. With the war, the El Paso interchange became important as military supplies came in to go south over the Illinois Central.
By 1862 Wathen and Gibson had paid the railroad the $4,800 under their new contract on lot sales; then they refused any further payments as the agreement seemed to call for. With Thomas A. H. Smythe withdrawing, the rail group sued in the circuit court of 1863, demanding complete performance. This famous railroad case14 dragged on for many years with the Supreme Court of Illinois on April 18, 1870 upholding Judge S. L. Richmond's ruling at Metamora years before, by saying: "It is affirmed as to the dismissal of the original Bill, and modified as to the relief found on the Cross Bill." The cross bill had been filed in turn by Wathen and Gibson against the rail men; thus the supreme court actually found in favor of the two town promoters and against the railroad, then reorganized as the T. P. & W.
Although the suit was pending in court, we find Gibson deeding to the railroad on August 8, 1866, "the right to run its trains over and upon all that part of the southeast quarter of Section Five of Township
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