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

limit of time in which adverse rights or dana
ges could be claimed; that the owners Of thi
section have waived their rigth
| as to the right of way of plaintiff; ant
that the State statute further gives plaintiff
right by undisputed possession for nine years
Plaintiff held, under the present pleadings
that no railroad can Cross its track without tn
permission of an act of Congress.
Judge Nelson remarked that something de
pended upon the question of irreparsable in
Jury.
Mr.. Olough said the courts have generally
held that the crossing of one railway by an
other is an irreparsable injury. He could SHOW
the facts be had stated in an amended bill
which, on account of their having to send tt
not be prepared in less than three weeks
There was no hurry, he SAID, except to disturb
plaintiffs title. The Barnesville road is TWEEN
ty-fve miles long and its grading is not fin.
lshed. There was no necessity for deciding
the matter at once.
Judge Nelson asked if counsel held that his
company could take mans land by six years
occupation, which question Mr.. Clough an
swered in the affirmative.
In continuing the argument, after au-
thorltles had been cited on both sides, Mr..
Clark stated that either defeat or DELAY In de.
fendant's crossing the Northern Pacific into
Moorehead would be injurious to common
and public interests, while the proposed cross.
ing would but little, if any, damage the North.
ern Pacific. He argued that the public inter-
est required that no one railroad company
should be permitted to block the way of others,
but that all should be free to extend their lines
wherever they may be needed or can obtain
business. If the contrary ruling should be
established, the Northern Pacific company might
forever keep out competing roads from vast
territory it is unable to provide for 1t would
t,ol 49, ST.
one company monopoly of railway building
and operation in all the country north of its
line. even if it was prepared to supply the
many roads which will be needed as fast as
they will be wanted.
Pending Judge Nelson's decision on the pro-
posal to give an indemnifying bond to secure
damages, on condition of the Injunction being
then set aside, an application will be made
Tuesday next to Judge Stearns, at Duluth. for
the appointment of commission to condemn
the right of way for the Barnesville & Moor
head road across the Northern Pacific road on
the section above referred to, and to appraise
the damages if any, which will have to be
paid the Northern Pacific company.
The Northern Pacific Bridge at Bismarck.
The following dispatch from Bismarck brings
official information that the Northern Pacific
company has decided to bridge the Missouri at
Bismarck, and that the extensive work of pre-
pairing for building the bridge next season will
be begun at once and prosecuted to completion
during the present low water season. It also
brings encouraging news of the progress of
the extension of the road beyond the Missouri.
Special Telegram to the Globe.
BISMARCK, OAK, Sept. 25.-The crossing of
the Northern Pacific road over the Missouri
river at Bismarck is now assured. The scheme
adopted Is high bridge which will be rival
of the st. Louis bridge. It will be seventy
feet high and contain Eve sections-three Of
400 feet each and two of 100 feet. The fourda-
ton OF the abutments is a solid blue clay,
forty feet below high water mark. The river.
at Bismarck, is about 5000 feet wide To pro-
tect the abutments and confne the water to a
channel 200 feet wide, a dyke 1,70O feet
long is now being built from the
west side. The east bank is a high bluff. The
dyke will be finished before the river freezes
this fall. Engineer Clough has great faith il
the dyke and thinks it will withstand the rush
of the spring rise and breakup. If it does the
bridge proper will be constructed early next
season. If not tunnel will be immediately
commenced. The Eads' shcheme of mattress
ses is the one used for the dyke, and the stone
for sinking and covering them is being hauled
to the waters edge The bridge will cost over
$l,00O,O00 and rank among the great bridges
of the world. Assistant Engineer Fuller, who
has charge of the work. received orders to-day
to rush the work. and large number of men
are now at work. The following letter to the
Bismarck Tribune from President Billings con.
firms the above: ess.s4ssss'
New YORK, Sept. 15th.-To the Bismarck
Tribune: In reply to your letter of the 9th
inst., beg to say that the engineers have re-
ported in favor of high bridge at Bismarck,
near the present river warehouse. It is pro-
posed first to narrow the channel of the river
to ], 200 feet by constructing dyke from the
west side. The engineer-in. chief is instructed
to build the dyke during the season Of low wa
ter this fall. Yours respectfully,
FREDERICK BILLINGS,
President N. p. &. r.
The track is now laid into the Bad Lands,
twelve miles from the Little Missouri. The
grading is finished to that river and from there
to the Yellowstone it is all in hand. If mate.
rial continues to arrive 80 that the track can be
laid at the present rate, two miles day, the
Yellowstone will be reached by December Is.