The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-01-09

cision was given this evening. II Is that
the INJUNCTION heretofore issued against
the road entering the city Of Cairo. by a
new line shall be dissolved, and that the
company shall deposlte $4,000 with the
AleXand<r county court to secure the
property .owners for any damages in.
llicted blythe relocation Of the liue.
II can hardly be doubted that the IN an
ayers Of tic Cairo aud st. Louis road, in
order to let Themselves down easy"
procured dc above dispatch to be sent.
a dispatcl similar in purport was re-
ceived ye'krdsy by gentleman in this
city from Mr.. Canda, president of the
Cairo aud st. LOUIS railroad.
WHIT InE CoURI DID pECRKE.
There is scarcely word of truth ia the
above Dispatch and in order to show
what tue court Id do in the promises. we
this morning laylbeloro our readers GER
titled copy of
fHE DECREE.
IL tie Circ,Gt Court If the Ulited Staies
for tie Southern Dstj'ic, Of Illinois.
FRIDAY. Jan. 7th, a. D.. 1876.
Presentation. Samuel II. Treat. dis
trict judge.
Samuel Staats Tayorand Edwin Parsons,
trustees of the Cairo City Property, VS..
the Cairo and st. Louis Railroad Com
pany--in Chanccry.
Upon hcariug the motion in this case,
II Is ordered that upon the deposit with
tue clerk of this court. by the defendent.
M h. a Eva a LIN
notes or United states securities, that
the injunction hereinbeiore grant
ed, DC go modified as not
to prevent the said defcndent
from constructing its contemplated line
to the cross levee, to be used however, un-
ill the right Of way Is obtained BY con-
domination in accordance with the laws Of
the state OF Illinois, only in ease their
present track is rendered. so insecure by
the waters OF the Mississippi river that
they cannot safely operate their railroad
thereon, and subject also to the follow
ing conditions: That the entry upon the
lands OF The said complainasts and the
work done or to DO done thereon. aud
the use o! said road shall not be deemed
and taken to give any right TO the said
railr DAD company, defendent, not to be
acquired )y condemnation as aforesaid.
"a. Not TO deprive the complainants OF
any right TO maintain an action or action,
OF ejectment TO disposses said defendants
Of said right of way.
3rd. Nor to move to enjoin them
from tie use of the said road or the
said premises herein mentioned IL the
right Is not within reasonable time ac-
qnired by proceedings TO condemn. or
in case the defendants should fail to pay
the damages which shall be assessed.
4th. That the Trustees Of the Cairo City
Property, or the City Of Cairo. shall at all
times when necessary or proper to
protect their property or the said City of
Cairo from overflow. or anticipated dan
ger from the waters Of the Ohio or Nis-
sissippi rivers, or to improve the property
of compliments as trustees, or their sue.
cessor or successors in the trust, to make
all proper and necessary levees or en-
banaments across, or under, or over tho
embankment OF the said railroad com
pany, using proper care and dispatch in
so doing aud not unreasonably interior
Ing with the operation of the railroad and
also restoring said ombankmenl and SUI
perstructure.
shall give the right To enter upon any
ONiNi VI wv 1dli nol
to cross said cross levee or impair any OF
the leyees.
9Th. 1t is expressly declared
that no decision is hereby
made upon the question whether
the present line is occupied under the
provisions of the written agreement and
decd in said complainants' bill referred to-
but all such questions are reserved to the
hearing. Nor shall this order or the use
of the said railroad be construed To pre-
vent or interfere with the right upon the
hearing Of this cause, or at any other
stage Of the proceeding, of the complain
ants from moving and obtaining a decree
requiring the defendants TO remove the
new track.
:. The said defendants shall remove
their present temporary track on the nat
ural surface where il crosses the grave
yard ridge in the city of Cairo whenever
the city of Cairo or the said compliments
shall desire 10 construct levee at or near
that point, to protect the said city OF
Cairo from overflow, and ii not so re-
moved, that the city of Cairo or the trns-
tees shall have the right to remove 1t,
giving to the defendant for such tempo
rary use the permission to lay its track
on any leyee 80 constructed at that point.
United States of America, Southern bis
trict Of Illinois : So.
|, john A. Jones, clerk::of the circuit
court of the United States, in and for the
Southern District Of Illinois, do hereby
certify the foregoing 10 be true and
correct copy of decree herein entered
in certain cause wherein Samuel Stats
Taylor and Edwin Parsons, trustees, etc.,
c0mplainants, and the Cairo and st. Louis
Railroad Company are defendants, as the
same appears OF record in my said office.
In witness whereof have hureunto set
my hand and seal OF said court
at Springfield, in said district,
this 7th day Of January, in the
l.. s. year of our Lord, one thou
sand, eighteen hundred and
scycntysix, aud Of our inde.
pendencc, the one hundredth
year. j. A. JONES, Clerk.
Score one for the Trustees.