davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
THE GAS FORKS md THE BOARD OF
HEALTH.

COMPLAINTS AGAINST TIE METROPOLITAN GAS
LIGHT COMPANY.
The Metropolitan Gas-Light Company is just
now having troublesome controversy with Board OF
Health regarding the dsagreeable odors generated in
the vicinity OF the gas works. at the foot of West Forty
secondt The nvesgati by the Board Of Health has
been going Oh for time. The first hearing was had
several months ago, but the investigation was
suspended, at the solicitation OF the Company
that they might have time 10 try soRe eNpeIlnct91
ppnoderzeS and rendered innocnous Prof Chandler
claimed that by the OF oxide Of Iron IN the nAppRe
ture OF gas. the vapofs W0pi0 pe rendered lnou9T
The order served ON the company was 10 envy 49,, ns
unless gas could be manufactured In such way that DO
deeterOus vapOr odors would escape, tLey must bus
Samuel p Perham. Assistant Engineer OF the Com
many at former hearing testified that the company
rel tic yerv hest Goals amou6 which BOghead
Camel coal Admission, sOuth"fn 81 heIcn' inchi, ana
Ias knovn as the dry lime for purifying. Oys
ter.shell lime paced m lIgc hoAcs, anu inc gas
pere inns "a great extent absorbed by the lime. This
lime is nscd Gnt saturated The lime IN these boxes in
rufooc,hfed, is changed every "a hours. The
viefess had slept in the gas-works during
feeling any symptoms Of sickness. The wOrkmeD were
prOverbaly healthy Though the iron process used at
the carbonic acid aud sulpurated hydrogen he believed
the Illuminating power that gas was les than when the
OF the Metropolitan Board Of HEALTH testified
that he had paid particular attention to the
He mad visited the works Of the Metropolitan Gaslght
Company The OdOrs given off from the lime exposed In
the yards after having been used for purifying the gas
chiefly supburetted hydrogen and sulpmde OF am
mOnia. In dry weather these OdOrs rapidly in
the atmosphere. but in cloudy, damn weather they diff
fused themselves around near the surface Of the earth In
the neiglbOrbOOd lie did not think II possible with the
dry lime process 10 prevent the escape OF disaRreeablc
Odors The wet lime process similar In its effects 10
that Of the dry lime Ii was generally being abandoned
LamDgss iron process used to great extent the
Continent Of Europe and in Great Britain Prof siman
also examined TO the effects Of the odOrs Of
~ a lie he iufmp 1fe
vicinity OF works particularly healthy during The
PREVALENCE Of opldemcs.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
THE SEyENTH-AHE, TRAGEDK
CoRoNER's INQUEST.

Coroner Rollins, on Saturday, held an in
quest al Mount Sinai Hospital West Twenty
ST. over the body Of Bnmberger the young German
tailor. who Thursday morning last shot, and seriously
wounded his bctrothed, Sarah Lsetta Boerd aud then
MORALLY wounded himself, at No Tic seycnthave The
following testimony was taken:
Adam Bamberger brother o. the deceased rcsldngat
No 3Gl West siIteenthst testified sly brother Peter
was the employ OF John Roeder, tailor at No l6 Sew
enthavc he engaged 10 be married 10 Miss BOerd.
who cousin Of Mr. Koeder; be told me that he loved
her and that II was his intention 70 marry her. her step
place on the It'll Of last November Peter and Lsetta
tended ball together, where they met Mr. Boerd VINO
abused Peter aud called him names he said rather than
" that common fellow should marry her he would shoot
them both " for thus uteance Mr. Boerd was put out Of
the balroom last Christmas or Whereabouts the deceased
received an anonymous letter, which reflected on the
moral character OF Miss Boerd my brother under the
letter; after this he bought the
pistol, and said that he would take re;
venge Boerd and then end his own life; persuaded
him not to do So he became occasionally very dependent
after receiving the letter. 90 much 20 that at times ho
the company OF several friends, went TO BARRIERS, and
while he there discovered that he carried pistol
| recognize the pistol now shown 10 me- and which
found In the hallway by the side OF the deceased the
same he had at the barbers when noticed the pistol
"Yon see;o did not say nythlng tho subject
that time; the night Of the same day noticed tho
pistol no went TO n concert. and during tho even
ing le handed me p0cketbook, which con
tained 20 letter written by himself in which
could read 1t begged of HIM TO give up all thought OF
such thing he told me the next day that he regretted
having written the letter. and remarked that he mst
have been insane when he did write 1t some time after
he showed pocketbook CONTAINING tio which be put
away In trunk and told me II he committed suicide
| would know hQg 70 use the wQneyi Tas at tho ball
with Peter and Liseta and some other friends on the
night Of the 10th inst left them Mt the door OF No l6
Seveuhave Peter seemed 10 be In excellent spirits that
night and laughed and JOked gaily one OF MS
about half ali hour after / had reached my boarding
house heard that my brother had shot himself
John Franz residing at No. l6 soyenthaye, testified
that he asked Miss BOerd how 1t had all happened and
she replied that she knew nothing about 10, she had
only seen the fash Of light the pistol discharged.
The Jury rendered verdict that BaInberger came to
his death by suicide by shooting himself while tempo
rary insane.
The deceased native OF Germany, aged % years.
The girl is rapidly recovering Her wound Is much less
serious than at first supposed.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
ALLEGED FRAUD.

On Saturday, Henry Zeimer, Charles Wester-
field and Christian Seyforth arrested and brought
before Justice Hogan at tho Tombs charge OF fraud
The complainant Mr. Charles A. BundeDseck, OF No l5i
Ieonards made oath that June H. 1862 the accused
called on him that seyforth wished to
chase the premises No. 353 Madisonst, owned by the
complainant and offered In part payment mortgage for
a. 600 purportlng 10 have been executed by Philip Levy
and wife In OF Seyforth, andthat 5000 OF theort'
gage was due on the following August The amount
agreed TO DO paid by Seyforth was $4,000 and II was
agreed tho mortgage should be taken la part payment
with the terms Of SALE the accused caused
the contract be registered In the Registers oce OF
tins city IL charged that the defendants dd not
deliver the mortgage, and the complainant says he has
made dgent search and inquiry and satlsned himself
that the $1,000 mortgage not good nor mas sau isur-
ance been effected and that the naae ny
the accused parties false and untrue ana made 10
cheat and defraud IL was further charged that hugo
Garsch he defendant arresed) ana Westeihed adj
mitted TO Mr.. Bundenseck that said MORTGAGE was
worthless, and that they have already naao sfoo IN
trading IT, The parties were held IN $500 each TO
the result OF examination, when - hed Tor
the 18th inst. Beyforth tailor. ana Ves az NO 20
Chrysties Westcd is a real.estae agent ana iyes at
No 46 FOrsyhs Zeimer lawyer, aud lives ~ NO. III
East Thirty seyenth.st
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
NETWORK DAILY TRIBUNE

operative Union" which has been flooding che rural DIS
circulars for several weeks past One OF their
iucky informed by letter that he had
drawn "A gold watch valued at $3.50 and, upon ms Tor
warlug five per cent Of the amount the prize woud oe
forwarded to his address by express The prospective
owner of tile valuable timepece wrote to TREND ID te
cty desiring him to call the Jewellers Unlon pay inc
ncrceutaCe and forward the prize. The city gentleman
did call in company with welsknown jeweer ana tne
nrize was thoroughly inspected and found 10 be geh
Inc Pinchbeck worth about a So The Newlork Jewe
crs' Cooperative Union represented By the hfm Oh
Hallett Moore Co, Bankers and Financial MahaserS
No, 5y5 Broadway.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
BECAUSE Person HAS 4 BAD CoGGu,

should inferred Consumption has set In although
Consmpton rarely panied by distressing Cough
Where however, preds pulmonary disease exists Cough
n to itself racks the lungs aud wastes the
strength an establishes eurab complaint Ia all t0 1t
the safer plan to rid of Cough, Cod Oaeuess without de-
Law and for this purpose remedy acts promptly surely or
With more benefit ogaus Of the chest than Dr. D. JAMES,
ErPEcToRAsr an article scientifically compounded from carefully
selected drugs which trial. will always be found worthy Of its
world vide reputation. Sold by all Druggists
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
Judge Comstock Of Syracuse, the hon. Homer

Judge Comstock of Syracuse, the Hon; Homer
A. Nelson, Albany, and Gen JOS r. Anderson richmond,
at the ST. Nicholas Hotel Senator Folgcr oi Geneva
N.Y. Senator Nicks Of Elmira tho Hon a. a. Saeens'
California Judge Amber of Texas, ana Col freeuey,
IT, s. A., are at the Metropolitan Hotel Tho MARQUIS de
Chambrun. and DR. Giraud OF France are q, te Asoor
House. Commander Mccain, ". b. Navy, ana tho hoi'
A. c. MattOon OswegO are at the FifthAyonue Hotel.
Capt. " Buniakawsky OF Russia, Is at inc iiominah
House. Gen. W. H. Mccartney Of Boston ~ lno "cS'
munster Hotel
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15

All care and anxiety about Burglary removed
by applying the BURGLAR ALAEs rSLEeRAPH We prove b hand
Eight experience ard never broken brodh
Pamphlets Look for worthless ntngemeu lie rubber
coat the street has connection With this Office
- Il. HOLMRs No. 20l Broadway
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
A BOGUS IoTTFpy

Lottery sWlnuies seem to flourish, notwith
standing the repeated exposures made ,hro oh Tho
The latest fraud is that Of tho "EowYork Jewe,er. 60
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15

ars announced that services would be held every Sub
Sath at a. M, and D. M and the school was dismissed
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15

.5ll Range. ...,'''''''',' "
REHARKs-Feb 9-Commeneed raining al Iiio H. uu""o"
20 and IS amount OF water 90 heh' -
Feb l0-Commenced raining at = IN uIts" VI iH N0u''
amount Of water .O5 inch. Total for the week =" ihen'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
A CURE FOR EVERY PAIN

We believe that the discovery conbDs distribution through
all earth marvellous remedy Is due A, much "a
the praon and direct will Of DIVINE PROVIDENCE az 10 science.
When combination Rodents marvellous remedy
known RAILWAYS READY RELIEF completed supplied
had eSei neither the approved IN
Medical Chemistry The er Melea the skill the most enI
neat Physicians could to the Human Race CRLORoPoRM
Morphine opla, viii aay PAIN orerdoe Of ehs,
would DEATH and neither Of these remedies with safety
byt he publc
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
llAnnouneemenis |

SUNDAYS School BooKs.-BRoUGnTON & Wy
KAN No u BbsHsO,s ksp the largest AID bs NsOnnsEL
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
LATEST SHIP NEWS.
ARRIVED.

Steamship England Thompson Liverpool jan 90 md.e and pas.
Steamship Magnolia ClovslI cbas.loa @d.s .od pass.
Steamship sn ha@,I fsf Roser, sTfs NOSE AMI pa,.
Slip Witch the Wave Bae6ee N,n Sept 49, and hemp
Bns G. Berry .cOson Maaat1; - days mola''ea
B BT ffaSai M Mcconnell ohS Rios & days ogrood
p Tfs L. W Armstrong. Mccarthy Dem.r,r, 81 days. and
Brig Meteor, Carver. Matsoias 20 days. molasse.
Bns Robert Wright Walker St Domingo City, IS days. lOsT0od
shr Robert Myhau Phillips Corpus Christi WOOL hides
Schr Leyere Thompson TampcO, Mex 81 days hides
scsr Charles Thompson Hamaed Para days. rubber &c L
10 port brig Isabella and schrs Geh Banker aud Frances DAVIS '
Sehr Nora ,c Dow. Jacksonville Is DAYS yellow pine.
scHoosERs-KiyKR AND coAsr"isE
John j. Ward, Baltimore. Jas Buchanan Ne"iii'eH-
bsSi9 n o%s sa@ore Amelia Augusta Port jefferson
Elcn J. Hoy Baltimore ArcuIa e9 i Roek ard
MARY A. Ivans Norfolk souherner Portland
JOha Mosser, Norfolk Escort. Bridgeport
s so,i SDI port Norfolk Dr. Wa Powers. YewHaven-
c. II johnson, South Amboy. G. = Hazard Portland CO
Smithson Port johnson. Kate Calaghan froVnehee
sis B NAN Plo Sssa's"
Tvel~p STANDARD Daniel McFee New. Bedford.
Ellen Sylvester, Prornce,owu. H. H. Thompson SewEort
Geo Gilum. Connecticut RIVER Susan scranton We" h''
SAILED.
Steamship The Queen for Liverpool
DOMESTIC PORTS
Boyros Feb 4Arved bark Gaeano. from Paermoi bnes H.
seuie, Moblei Abby Ellen psreoi sens Tisrsyoi
Annie Clover Charleston and oa[n Ah.n Mani" Ro,er from
~.
NewYor Savannah Arrived shr Sarah hodso'9 0A 's"
FoKrEg MoyKoR Va iLPassed "a for Bslumore-Barks
Linden from deo Drgo and King Charles rom uenoai o
Robert. Halifax
Bea West Indies Passed bark Granu or London ens IaA
MAY Halifax Willie, NaysgueL 49,
SAVANNAH Feb A-ArSed steamship Thomas from New iofk
CuARLKsToS Feb -Arived steamship Sdagessa rom Ne"
York: schr. Nv Rover NewYork; Joseph Allen Norfolk
SAN PRASclsCo Feb l3Ceses ship, Badrhyddan ior L7e
with 5000 sacks whea Ee Liverpool with 1900 SACKS wheat
Sailed ship Slestna Liverpool
FOREIGN PORTS.
SOUTHAMPTON Feb 1.-THE Deutschland has arrived from
New.York, for Bremen.
DISASTERS.
pu.pytPH, Feb i-Auived brig Herald. from Orange Bay
She experienced very heavy weather JAi ~ lat @ lon 7Ito
Goldfish from Cardeuas IN ballast rs
on Der sinking conditions took of The captain
snd crew and ousht them port The Goldfish owned By
Messrs. Mclaughlin Co. Of St. John, N b.
SPOKEN.
Bark Oreha Palermo, fr NemYOrk Dec H. OF Cape Pao'
ser Clara Bell Wilmington for Providence, Feb lat a.
Ion. ~ -, ,,-,p. r. ,t..,
Feb g. q the Straits OF Florida
HaiteraS
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15

U-TUE EXECUTIVE DEPARTMENTS. :,
The following are the departments or Offices included In
this division. viz. -, -, = r;
nance 3 Tie Board Of Commissioners Of HeC0m6S Dam
BRIDGE L. The Metropolitan Board Of Hedlmi o. me he"O
Tares and Assessments 7. The DephtnertJor me surrey
The AUTHORIZATIONS estimated for said departments are
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
HOME NEWS.

ReuAREs CLOUDY 2l5i lo cloudy All Slightly
from to r. Ahernoon-Sighy hay bveni3g-Lte hay.
occurred for years on Fen 10 NHd geese
fng showing thus also me muaes
Of Of Eote-Feh 49, lY68-Iher m rs
~ M 40, n m Igo n m $50; 3 p m, 3io II 32o 18th
Morning-Lte i2:s5 baEy AZ g. clouds gsrng VIVA
at T. Afternoon ard Hyeung-Oyecastanu very NnVi @
storm st in 745 p and still continues as we E0 :" PRESS
Rain depth. 2l0 ~ an inch. ,up.t =, oeo,
Central report for the week ending Feb H. 1909;
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
LARGE BOTTLESrINDIA RUB
Der STOPPERS-PUR OF The
READYi RELIEF.


Rsdways Ready Relief entirely vegetable The Spirits used
sps,rm 10 preserve and CONVEX the vegetable extracts used me
remedy of the purssl richest quality BreY drop four tunes
distilled One teaspoon the concentrated strength Of gu DIV
he's, French Brandy se OIL and other rr'ant posons una
orIo alcohol that ceun remens in inperfeei6 dupsd
o,o and that does damage the many eOmon "hh Ga
aud Rum Btt.rs as Teares made bT eAee" dusghu
e,n.i in the delicious Spirits used 10 RAILWAYS READY RBLlbr
A Tonic ouehalf teapoon will strength secure os>
tar ppet,e and make delicious drink mpar'ng It's snuain
unng and happy the weak meahehs s>
pted than auy liquor bers the moot dsheous
remedy in the world as we'll uss fOr IL can be used
every nut where PAIN Aches Inflammation or Sudden AZ
taeks or injuries hom accidents.
50 CENTS, IN LARGE BOTTLES,
containing and quantity Of the p cent nmeSs rH'
Killers. Panaeeas made fsel oil scohc BASIS ana
that have all started initiate RAILWAYS khApi hSLh'
Some Of these limitations scented with common hsrsho'
,u Of highly rectsed preparation Of Ammoa-ased 'ne
Pc the genuine Ready Relief will at once discover ne
m rand the limitations The genuine Ready RELIEF mas iS'' nav
b, STEAMERS and every bottle air tight Every o0e mas vas
st, Ia,err, Revenue stamp of Dr. RadwAy Co., " W
mouth ,Ths Ready Relief sold cauads aad other foreign e0'A
does pot require tlis sanp) oil, u.,,..f
Price Of R,iwsys Ready Relief dozen bottles o. o0se
N ssts Sold Al Dr. Radway Co.'S. PRINCIPAL once, NO !" NAVE"
r.e New York and by Druggists and general store keepers e'u
t,, O,o AseLl will be every city srd toss 10 e
putin, IN ELECTIONS VI ali languages Ask &c RAp"Ais hA
RfLlEs
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
RADyyAY,s READY RELIEF

When remedy h presented 10 tbe notice Of The
medical seu i3i Outstanding the sSenous influence a.
hbied in stopping the excrueiatlng
PAINS ACHES. AND INFIRMrTIEs,
In fer moments after its ue,
Its wonderful 10 raising the beddden Crippled Rheumatic.
Misunderstanding the bodies Of all suffering PaIu Ipfannsu
Weakness ad other niunes curing few days the sickness sd
diseases OF months and years. and for all ordinary palms, aches either
INTERNAL OR EXTERNAL,
All Spasms Cramps lnaamnaons Conesns aforIng IysTAy
famous an comfort with treatment that thu
stone which the bule through their ignorance importance re-
jeced but that afterwards became the head the corner
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
BILIOUS FEVER

In the world There Ague Cure ChOlsgcgue preparation
Outline many forms Mercury in fact remedial
agent this disease positively. safely
RAILWAYS READY RELIEF.
Thousands overlooking with Qnnne Arsenic
Mercury many Private Practice tho penalty
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-15
COUNTY GOVERNMENT.
BOARD OF SUPERVISORS.

This Board held a special meeting at 10 O'Clock
on Saturday morning resolution was adopted liking
the wages OF the cleaners Of the Courrooms and county
offices at 50 per day. BY resolution the CLERK OF INC
Board directed to renew the lease for nve years. d"
the annual rent Of 81 OO Of the 18th Regiment Armory
Resolutions were adopted to pay the bills Of the Coroner
for the quarter ending Dec 81 1863 amounting 20 SU
The County Tax levy as reported by the SonSo tb
Annual Taxes was then adopted The following Is inc
COUNTY BUDGET FOR 1869:
The expenditures of the County Government arc clascu
under the following general heads J. The LegsIadIVe
Department; H. The Executive Departments; III Inc
Judiciary ". State Taxes; V. Miscellaneous
/. THE LEGISLATIVE DEPARIMEhI,, s.
In
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17


on the Law recoeced which this has beer eXer
csed" He adds C Danes American LAW 336 And but one
case is at present found which prohibition has issued OF
the United States that case much considered
Tn that case this writ was issued the District Court The
was libel for damages of capture of vessel prize
by belgerent power which vessel alleged to be neutral
property the vessel having been carried mira r or
place of safety, belonging to the captors.
Your doubtless that In England no sucn WITH
ever issued for Lord Coke during the heat controversy with the
Courts of Admiralty never claimed such authority between the
Courts of common law jurisdiction He only claimed to exercise this
authority the Courts administering maritime and canon law
You have therefore two namely that in England writ OF
prohibition issued from Appellate Courts and in the United
States two where the the writ existed no writ
prohibition has issued from the Supreme Court OF ana III
the other was only issued of admiralty Yet your Hono
are urged to grant this the present instance the ground that
YOU necessarily supervisory control over other Courts IN th
State and for good substantial this the face OF
the testimony Of hundreds Of years that such writ Is not necessary
for any such purpose.
But more than that Legislature has provided how may
keep your supervisory control inferior Courts Section OF an
Act REGULATE appeals and Of the Supreme Court
criminal actions Circuit Courts brought there by original
removed there by appeal from inferior Court or urdc
ton NAV be examined reversed affirmed the Supreme Court
upon writ of error That the principles that the torm bu H.
percance there happens be for which the writ OF error not
sufficient and speedy remedy the law does not allow ege
and make writ Your Hono perfectly aware that undf
that article of the constitution which gives Congress the power to
regulate has been decided that what they omit to
is rs much part of the regulation if had been actually enacted
I'm other words what left much part OF the regulation as
that which has been embodied IN It,
Now when legislative authority Of South Carolina undertook to
direct this Court should have supervisory control prescribed
writ of error. and this provides the mode
Now submit the Court that there another why this VIII
should not be granted From the argument OF the gentlemen on e
other side it obvious that they there is other remedy
They are ndr great mistake The appropriate and proper remedy
the Ir one which they have invoked namely Injunction and
think there is something Honors opinion to that cect e-
ferny to Mr. Justice Wd This is Of those cases in which
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17


Mr. Mcmmn1er-Any land on location In other words,
mean that when the company has located its n all the land
within sxve feet of that ne if such be the limit has been SUD-
iected the legislative exercise of the right OF eminent domain
Mr. Justice Wiad-Do you deny the jurisdiction OF equity to
determine that there is moaon that Is taking into account
particular class property where obstruction unnecessary?
Mr. Memnnger-No sir What claim is that as general rule
the preliminary trial for the purpose asceanng whether the
right of eminent domain has been exercised And whenever hall
road Company given by the State land within feet OF Its
line of location the eminent there exercised and further
preliminary trial necessary enable that corporation to enter
land and its condemnation money Why what pre
nary trial for the State the interpreter OF the
of eminent domain And have under its act clear straight
forward solution of the difficulty There the charter there is the
law there are the sixtyfve feet given to this company Ii 1t be
shown that we doing parab injury that would constitute
special case but if within the line provided by the statute
there is certainly for preliminary trial refer your
difficulty in our path The first the of the South Carolina
Railroad Company Richardson L. R, 4 The South Carolina
Railroad Company changed its location and the Court determined
the only Judge the the railroad itself Inc
true reason the State had exercised eminent domain
decided in that case without any preliminary trial that the Railroad
COMPANY could take the Judge Wardw alone dnted mat
decision unqueslona right The next case was that OF Blake
Richardson and what did the Court DO there Dd they oVeu
Oppenheims case? .,.,z -
over.
Mr. Memminger-I read from Bhkes CASE If the company
should have entered and landowner should desire controert the
right of entry he denies that of the land needed Tor
Of the uses which would justify its being taken ne m by acton Oh
trespas by bill for Injunction by other suitable proceeding have
trial of the righ IF land should lie within hundred feet OF
the track and the company should desire have the value fixed before
proceeds with the work. acquire earlier better title Ian
that which would be presumed under the thxth section OF the Act
Of 1885 the presumption of necessity established by that section would
all question right where there had been previous contract
defining space But where the parcel than one hun
feet from the track being within the hundred feet De-
yond the limits previous contract and the company making pp