Omaha daily bee., 1884-11-14

in the answer thus challenged by thi
third exception are not sufficient to JUST
fly a permanent occupation by the defen
dant, we think they are sufficient to jus
tify the court in refusing an.
preliminary injunction and 80 the excep
ton thereto must be overruled. W.
have no doubt that upon the facts 81
stated upon the final hearing the govern
ment will be entitled to a mandatory In
junction as prayed for, but az the gov.
eminent has tolerated, at least according
to the allegations of the answer, this oc
cupation for a series of years, the re.
moval ought not to be summary and with.
out reasonable notice.
Our conclusion then, in general may
be summed up thus: That while under
the circumstances, as disclosed by the
answer In connection with the bill, The
government is not entitled to q prelimiu'
airy injunction, yet upon the final hear.
ing the facts being as stated even in de-
PENDANTS answer, the government will
be entitled to equitable relief
and to a final and mandatory injunction
compelling the removal of the fence and
any interference with free access to the
inclosed parts of the public domain"
The defendant, after the decision was
rendered, took leave to file an amended
answer, and the plaintiff obtained q
temporary injunction restraining the
building of any cross fences on the in
closed land.
This is probably one of the most i'm
portant cases to settlers ever decided in
,k,. A..L.. U,sr,otinn hoe haon ~,
ceived from q reliable source that the sec.
lions of land Upon which this fence has
been built have been entered by certain
parties for the benefit of the Brighton
ranch company. Over 300, 600 acres of
land is now similarly situated with that
enclosed by the Brighton ranch company
and steps will be taken soon by District
Attorney Lambertson to abate the fences
enclosing them.
THE PACIFIC EMPRESS co., CASE.
Judge Brewer yesterday granted the
application of the Pacific Express COM
pany for a temporary injunction restrain
ing the Hannibal q st. Joe and G. B. e
@. roads from bouncing the plaintiff from
its lines. An order was issued by the
court directing the defendants not to in
terfere with, impair or destroy the en-
ioyment of the Pacific Express company
of the facilities now enjoyed by
it upon defendants lines, nor
to interfere with the messengers or
property of the Pacific express company
nor to refuse to receive and transport its
business 80 long as a reasonable compen-
pensatlon was paid therefor. The order
further prohibited them from demanding
payment in advance the business of the
plaintiff to be carried at no higher rates
than those charged by the American or
any other express company.
John G. Orrick, attorney for the Pa
ciic express company, left last night for
st. Joe where the order will be served
upon Hannibal e st. Joe officials by the
U. S. marshal.
WATERMAN VS.. THE b. AND NJ.
In the case of Waterman against the
B. 81 M. r. r. company, a decision was
rendered adverse to the plaintiff. This
suit was brought by a posthumous child
to recover pay from the railway company
for a piece of property sold by the child's
mother, and for which she was paid in
full. The court held that as the mother
was the natural guardian of the child,
and the former had received full COM
pensation for the property, the minors
recourse was against It's parent.
THE CRIMINAL SIDE.
In the afternoon the grand jury was
~empanelled by District Judge Dundy
and entered upon its duties, first taking
up the investigation OF the case of Bull
ger, of Fremont, charged with sending
obscene matter through the mails.
Asa Crolson and George Wagner, both
of Richardson county, were each fined
$25 and costs for selling liquor without
government license.