The great West. [volume] (St. Paul, Minn.) 1889-18??, 1890-02-14

by the State officials, comprising the
Board of transportation, to whom the
actions of the Secretaries was referred
for official sanction, and an order
on the Mo. Pac. issued in accordance
Herewith; this action was followed
by the attorney general in applica-
ton to the Supreme Court for writ of
mandamus to compel the railroad
company to comply with such order.
Arguments upon the court are down
for hearing Feb. 7th. Yours truly,
w. S. CARRIER,
Secretary.
The following is the copy sent us
by Secy CARRIER:
REPORT AND OPINION.
The Elmw0od Farmers Alliance,
No. 365, VS.. The Mo- Pacific Railway
Co.
Before the Nebraska State Board
of transportation on complaint filed
Oct. 18th, 1889.
The Complainant is an Association
known as the Elmwood Farmers Al
lance No. 365, organized and located
at Elmwood. Cass County, Nebraska.
The general nature of the business OF
the association is not stated in the
pleadings or evidence. The respond
ent is the Missouri Pacific Railway
Company, owning and operating the
line ofrailroad passing through Elm
wood, at which point they have &C.
quired and hold in addition to the
usual right of way one hundred feet
wide, a strip ofground for depot pur-
poses two hundred feet wide and
about 2, 900 feet long paralleling and
adjoining the right-of- strip.
Upon these depot grounds are To-
Gated the usual stock yards, with
chute attachment, for the accomoda-
ton OF the livestock shippers; ad-
Joining these yards is pen which is
not the property of the railroad COM
pany, nor is it for public use, but
which was placed there with the
formal consent of the railroad COM
pany; then there is located an eleva-
tor OF about 5000 bushels capacity
owned and operated by Messrs-
Adams and Gilbert a corn crib for
use in connection with the elevator;
and a small stable, the property OF
the same firm; and an elevator owned
and operated by Messrs Striplin and
Eells; and a corn crib for use there
with: lumber shed and office build.
ing: and coal shed, the property OF
Messrs. Beardsley, Clark and Coma
pany. The objects above mentioned,
as being other than the property oil
the railroad company are located ON
the ground of the respondent with
the consent of the respondent, az
evidenced bylease contracts covering
specific parts of the depot grounds
The company stock yards. the two
elevators, and the coal shed, all as
above mentioned, are located upon
the edge of the depot grounds next
to the right-of-way. Upon the ex'
treme limits of this right of way and
between the main track and that
part of the depot grounds whereof
is located the buildings and pens az
stated is located a side-track 1,SOC
feet long.
The complainant applied to the re-
spOndent railway company for the
allotment of a locating site for an
elevator upon these depot grounds
adjacent to the side-track afore men
toned. The application was refused
by the respondent. The refusal was
accompanied by the explanation
that there was no room upon the
side track for the location Of an ele
vatOr.
The prayer of the petitioner is in
effect, for an order of the Board up
on the defendant requiring it to per
nit the said ElmwOOd Farmers Al
lance No. 365, to enter upon the de
pot grounds of the defendant ant
Z thereon erect an elevator.
5MAJORITY REPORT OF COMMISSION
ADOPTED AS STATED IN LETTER.
"By Secretary Gilkeson, Gilchrist con
curing:
The shipping of grain in the grair
producing belt of the Northwest has
changed under the present system o
transportation, and is only shipped
from the interior in bulk. 1t was first
loaded into cars from the wagons
and elevators were unknown, except
atcommercial centers but as greater
quantities were produced, and larger
shipments were made from the rail
road stations, it became necessary tt
erect and operate elevators at ship
ping stations on the railroads: ant
of late years it has become the gen
eral practice to deliver the grair
from wagons into elevators and ther
load into cars for transportation.
In Nebraska, where there il such 6
large amount of grain raised ano
shipped, the elevator has become c
necessity in the transportation O
grain. The railroads have adopted
the rule in this state of granting te
individuals the right to construct
elevators upon their grounds ad