Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-26

and the whole number of cars received and
forwarded loaded and empty, was 16S.
Unclaimed baggage on the st. Paul. Mime
apolis & Manitoba road will hereafter be for
warded from all the stations to ST. Paul and,
when forfeited, will be devoted to charitable
objects.
The lowest of fares is that on the special
train which leaves here at $50 A. H., to carry
Masons to attend the funeral of A. @. Smith
at Litchfeld. The fare for the round trip is
only 81. Of course none but Masons, going
to the funeral, will be admitted to the train.
General Manager Hill was to start for Mon
treal last evening.
De Lacy Woods Minnesota and Northwestern
editorial association is to have free ride to
st. Louis, SO it is announced. We trust tfe
railroads will also bring them home.
The N. p. to be Extended to Superior City.
The following dispatch from Duluth an
nounces the completion of an organization for
building the long contemplated extension of
the Northern Pacific railroad from Northern
Pacific junction to Superior City. The ex-
tended line will probsb sblv run down the divide
between the st. Louis and Left Hand rivers.
Especial Telegram to the Globe.i
DULUTH, Sept. 25.-Superior City is at last
to have connection by rail with the outside
world. The Superior & st. Croix railroad COM
pany, organized at Superior August 3Ist, has
agreed to build railroad from the Northern
Pacific junction to Superior. The new compa-
ny, at the head of which is President Billings
and General Manager Sargent, of the Northern
Pacific, is to receive deed of one-third of that
portion of Superior in which the oriuinal pro-
prietors were interested. James Bardon, Hiram
Walbridge and James B. Power represent
Superior in this new railroad deal. The work
s,,k h oil Innn 1aco <bo1 1e
will not interfere, it is supposed, with the
building of a line from Rice's Point to Con-
nor's Point.
The st. p. g. III. and N. P. Right Of Way
Judge Nelson yesterday heard the argument
on the application OF the Northern Pacific
company for an injunction restraining the st.
Paul & Manitoba company, the Moorhead g.
GAINESVILLE company, and James j. Hill and
Alpheus B. Stickney, officers and agents there
of, for entering upon the Northern Pacific
right Of way on section G, near Moorhead, in
Clay county, for the purpose of building and
operating across Lsaid right of way their pro-
posed Barnesville & Moorhead railroad. It
was stated in the argument that the proposed
crossing is at q point about half mile out, or
east, from the Moorhead depot of the Northern
Pacific, and that the B. &c NJ. road was to have
its Moorhead depot, its bridge crossing into
Fargo, and It's Fargo depot about
half mile north from the
Northern Pacific depot and crossing. The
argument was continued for two or three hours.
and at its conclusion Judge Nelson intimated
that he considered the Northern Pacific right
fully in possession and should grant the in
junction asked for until the st. Paul & Mani
toba company had obtained its right to the
doA hv ho of
counsel for defendants then proposed to give
an indemnity bond for the damages, and asked
that upon that being given the Injunction be
removed. This was opposed by counsel for the
plaintiff. who contended that the court could
not rightfully and with propriety accept such
bond. The judge took the proposal of bond
under advisement.
Mr.. Olough opened the argument by stating
his case, which he said was brought by the
Northern Pacific company because the building
of the BarnesVille M0orhead branch of the
st. Paul & Manitoba road was in violation
of q contract between the two companies un-
| der which contract the Northern Pacific COM
| pany is paying large sums Of money annually
| to the st. Paul & Manitoba company. He al
| luded to the agreement under which the ST.
Paul & Manitoba company has certain fixed
| privileges as to it's traffic to and from Lake
| Superior over the Northern Pacific road, and
| the Northern Pacific com pany has Joint use OF
| the ST. Paul AID Manitoba company's road be.
tween Sauk Rapids and st. Paul. The Barnes
vile & Moorhead road was being graded and il
was proposed with it to CROSS the Northern
Pacific right-of-way at the point indicated
| without cundemning OF proceeding to condemn
| the property proposed to be entered upon
The Northern Pacific company therefore forbid
the parties defendant to enter upon its right
of-way and brought its suit to enioin them
After the injunction was served ths
l lofn nloof fc hoa 30
| title not existing at the time of fling
the papers in the suit. IF the defendants claim
| ed under this alleged title the plaintiff would
have to file an amended complaint under which
he would show that the Northern Paci6sDhas 8
perfect right of way.
Mr.. Clark, for defendants, read the answer ot
defendants, denying that plaintiff has any title
to it's alleged right of way four hundred fee,
wide, through said sectioa 9, except go far az
| 1t is actually occupied by its roadway. The an.
1 swer further sets up that at the time of bring
| ing this suit the defendants were in possess.
ion of strip of land extending fifty feet on
each side of the center of their proposed track
that they are now the owners in fee simple 5pi
said right CT way, one hundred feet wide
through said section 9, and that plaintiff is 3
| trespasser thereon. The respondent said Mr..
Clark, not only denies the right of the plaintiff
but sets Up title in itself. Before proceeding
he would like to hear from council on the Other
| side, upon the question thus raised.
| MIR. Clough recited that the Northern Pacific
co npany had its grant of right of way four
hundred feet wide, and further had had DOS
| session of the same through this section 8 fo,
nine years. BY common law possession guar
antees the holding against all save the true
owner or some one in possession under him.
It was not denied that the Northern Pacific was
| in possession, and all else in the answer re-
lates to a title originating subseouent t., the
beginning of this suit.
Mr. CLARK, after reading the State statute. on
the subject of the crossing of one road by an
other, asked if the court would con
tinue its restraining order on the posseasory
| right of plaintiff when the title is ALLEGED r.
/ be in resrc c1dent
Judge Nelson called attention to a decision
of Judge McCreary, in which it was held that !
railroad company chartered by The State had .
| right to condemn land owned but not occupied
by company chartered by the United States
MIR. Olough repeated that under the present
] pleadings, plaintiff was not in position t.
| show it's title, nor was respondent in position
to dispute plaintiffs title If permitted tc
amend the bill of complaint, plaintiff. would
show thai the act of Congress of 1884, granted
this right of way to plaintiff; that plaintiffs
road was built when section was unoccupied
that whoever entered this section took ii sub.
ject to that grant; that, under the Congress-.
inal Charter of plaintiff, fixing six years as the