The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-11-04

RIGHT OF WAns
The Utah and Northern surveyors now
running . locating line from Silver Bow
Junction to Mouth Of Little Blackfoot moved
by Deer Lodge this week. Their line Is On
the west side Of the river. The Northern
Pacific survey party which was locating be-
tween the same points was relieved Q fort
night ago, but will probably be replaced yet
this fall. The next move after locating and
fling map Of location with the Secretary Of
the Interior, will be to secure right Of way
from landowners on the line. II 1t Is the
main line of the Northern Pacific that tray
erses this valley 1t will have little right Of
way to purchase, Is the bulk Of lands on the
line have been taken since 1872, and the
company have title reserved to them for al
ternate sections. II, however, 1t Is branch
line, the right of way will have to be pur-
chased by 1t on all other than N. p. r. r.
lands, without regard to date Of settlement.
II Is understood In this latter case that the
road will be built by the Rocky Mountain
Railroad Company, which is local company
subsidiary to the Northern Pacific, and that
the extension of the Utah and Northern will
likely be made by the local company of that
name recently organized under the Territor-
ial laws. The Northern Pacific has no au-
thority In its charter to construct branch
roads, and the charter Of the old Utah and
Northern only extended to connection with
the Northern Pacific. So long as the latter
does not relinquish its old location the former
has no authority to cross it. The Northern
Pacific people, having covered the line from
Three Forks to Mouth of Backfoot by the
Rocky Mountain Railroad, there is no neces-
sity for the N. p. company to inconveniently
hurry itself In defining which route 1t will
adopt for the main line, although 1t will
probably be done this winter. Under any
circumstances that will arise It is intended
road under control of the N. p. company
shall traverse this valley, and the Union Pa
cific people allege as determined purpose
to push on down the river.
At any rae there will be at least one COM
pany in the field this winter to secure right
Of way through the valley. 1t Is with
view to this we wish 10 urge upon the COM
pany and settlers to adjust the question Of
damages for right of way without resort to
the courts and appraising commissioners.
The company should bear in mind that
where lands have to be irrigated the damage
of railroad way is greater than elsewhere !;
that the mere amount of ground taken is
frequently the least material part OF the
damage that the good will of a community
Is much to be desired, aud that the agent
should have liberal limits and large discre-
tionary power. On the other hand, land
owners should realize that the location of
the road through their land will enhance the
value Of the remainder, and while the dam
age will be felt most At first, the benefits will
accrue for all time, and fields and bitches
once conformed to the railroad they will not
have to be changed. The liberal feeling
should be reciprocsted. The railroad COM
pany can compel right Of way by the ap-
praisal of disnterested men, and will not be
stopped by the opposition or high figures Of
one or many. A resort to law will entail
much expense and annoyance, and while
corporation is soulless the officers Of COM
pany are frequently disposed to favor as much
As possible in the location those who are
friendly disposed toward it.
We give these suggestions with good will
toward both parties. We wish to see the
constructed and to see the land
owners have fair compensation for damage
done and land taken. We counsel liberality
on the one hand, moderation on the other,
and by both mutual agreement or hope ar
bitration rather than recourse to law. There
should be no occasion for an. appeal being
made in this valley. The officers Of the
only just but liberal. If this be true, land
owners should meet them in like spirit. A
deposit in bank is better than suit in court.