The record-union., 1891-07-28
Judge Brewer Decides Against the
Union Pacific.
THE CONTRACT WITH THE ROCK
ISLAND VALID.
a Chicago Journal is Informed That
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Embargo on Meats, Armour VIII
Establish Meat Packing Plant in
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Special to the REconD-UNIox.

Special to the REcoRD-UNIoS.
OMAHA, July 27.-Justice Brewer of the
United States Supreme Court this morn
ing announced q decision in the famous
Union Pacific-Rock Island bridge ease.
The decision is against the Union Pacific.
The Judge holds that the contract with
the Rock Island and Milwaukee roads is
valid.
Justice Brewer, in the bridge decision,
holds in substances: The contract was
signed by proper officials Of the Union
Pacific, approved and duly authorized,
and was binding. 1t would not operate
at present to disable anyone Of the Pacific
from discharging its duties. IT was not
compelled by its obligations to the United
States Government to hold It's tracks or
property beyond the use OF any other cor
poratioE.
To the contention that the term of the
contract was ninety-nine years. and be-
fore it expired the growing business of
the Union Pacific would demand the en-
tire possession and use of all its tracks
and facilities, and that the length of the
term made that void, which might have
been valid for few years, the court held
| that no one could foresee the future. If
| the changed condition Of affairs twenty
years hence should make full use of the
tracks necessary to the Union Pacific, the
| powers of court OF equity would be
equal to the emergency. Furthermore,
the Government was not prevented by
the contract from stepping in at any time,
when its rights were abused, and compel
the Union Pacific to fully discharge it's
duties. The contract was simply one to
convert TO money surplus the use of a
| part of the Union Pacific property.
In conclusion the court held none Of the
/ objections well taken, and that the con-
tract was not ultra UireS. The court fur
ther said that the testimony disclosed the
| fact that before the contract was entered
into the Rock Island had determined to
/ build a bridge at Omaha and fill the gap
between Council Bluffs and Beatrice by
its own line, in conjunction with the
! Chicago, milwaukee and St Paul. 1t
had secured charter from Congress,
and negotiations were pending to secure
| the necessary money TO do the work. At
! this point the officers of the Union Pacific
sought those of the Rock Island and pre-
vented the building of the bridge by
means of the contract now in question
This was a case in which a court of
equity may decree specific performance.
Relying on the contract made by Off
GERS of the Union Pacific, who had a long
experience with the property and dis
nngulshed ability as officials, the plaint-
if abandoned the plans and negotiations
for an Independent line, and expended
over q million and half in building from
Omaha to Lincoln.
The same considerations require that a
like decree be entered in the case of the
Chicago, Milwaukee and st. Paul.
At the conclusion of Judge Brewers
decision Judge Dundy gave his views,
dissenting entirely from the opinion of
his colleague. A conference between the
principals will be submitted to Justice
Brewer on Wednesday.