Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-19
SILENTLY SWEATING.
A Truce In tse sIaiIroad Wap and
Quiet All, Along the Line-Pubiic
Feeling the Contest, Which
Must Now be Decided in the Courts.

n IruG& In IAS SIutlrOnu " az ANA
Quiet All, Along the Line-PubIic
Feeling over the Contest, Which
Must Now be Decided ia the Courts
There is nothing new to-day on the
subject of the brief but energetic wal be-
tween the Northwestern and the Mil
waukee railroad companies. The case
is in the court aud argument upon the
application Of the Milwaukee for an in
junction restraining the Northwestern
from crossing it's track in this city will
be heard Tuesday. There the matter
vail rest for the present, as the North
western Is not liable to place itself i'll
contempt by disobeylng the temporary
order of the court.
There is a general surprise that the
Northwestern should have gone as far as
1t did aud then abandon the field. 1t is
argued that the Northwestern should
have held It's ground, after putting III
the side traok and the frog, and have
restraining the Milwaukee from remov-
ing the Improvement. This would have
materially changed the aspect OF the
case by placing the Milwaukee on the
defensive. Still there is d gen
erUl y accepted belief among
he people that the Northwestern
knows what it is about and
hat 1t has gone 80 far and no farther in
the contamination of a scheme in Its own
interest. just how this is to come
about, the average mind cannot compre-
bend, but the conviction is based upon
u belief that when q railroad company
takes the initiative in SO important q
matter, it knows what it is about.
OF course public sympathy is all on
the side of the Northwestern-not be-
cause it is the Northwestern, but be-
cause that company Is striving to i'm
prove the shipping facilities Of Yankton,
The favor which goes in this case is one
CT selfish interest, such as any community
might be expected to hold. The North
western has thus far developed q dis
position to aid Yankton while aiding
itself and by that course has secured
cubic good will. Under like circum-
stances the same good will would go out
to the other company.
Interest in the case is so great that it
is the burden OF conversation to-day
and the hope Is frequently expressed
that the contest may finally be settled
in behalf of the Northwestern.
Railroad Commissioner McVay says
this is not, in its present shape, a case for
the board OF railroad commissioners.
First, because ii has gone into the courts
for settlement, and second, because it is
q difference between railroad companies,
| whereas it is the mission of the board of
which he is a member to arbitrate be-
tween railroad c%ompaGiesi and the PEG.
this case might be shaped so as to bring
it under the jurisdiction of the board,
| and if it should be he would convene
that body in Yankton for u settlement
of the difficulty. 1t could be made q
matter of arbitration on the part OF the
railroad commissioners by an appeal to
them from the people of Yankton as in.
terested parties. That they are inter.
ested inI the construction of the side
tracks of the Northwestern to the va
rious elevators, manufacturing establish
meEts, etc, of the city, no one will cues
ton. 1t is a matter OF dollars and cents
to them-a question of railroad compe
tition which would enure to their bene
fit. Hence it might, not improperly, bs
brought. before the railroad board.
It seems very much to the interest o
Yankton to take an interest in this case
It is important to us that oil railr DAD
entering the city be given equal facili
ties for traDsacting business. No on
company should enjoy privileges no
accorded to other companies. This j
important alike to the railroad companie
and to their patrons. Our lawyers d
not remember that the particular por
ton of the law bearing upon this poin
has ever been tested in the conrtl
They do not recall an instance IN Dakot
practice wherein one company ha
sought to enjoin another con
pany from crossing its track. SO til
question appears to be q new one j
, Dakota, to be tested here in Yankton Il
: the first time. Common sense and q fa
! Interpretation of Justice suggests q
easy victory for the Northwestern. Rt
this may not come. The final solutio
of legal problems very frequently pass
all understanding.
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7e Abstract Office
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