Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-28
THE OMAHA BRIDGE DECISION.
History of the Case and Terms Of the Con
tract.

tract.
Az stated in Yesterdays STAR Judge Brewer
has decided the famous bridge case against the
Union Pacific and in favor of the Rock island
! and Milwaukee roads. After reciting the main
points in the contest the court viewed the
| building of the line from South Omaha to
Beatrice by the Rock Island, tho attempt of
the latter to use the tracks of the Union Pacific
in accordance with the terms of the contract
and the history Of the case.
Four questions we're presented and argued.
They are:
l. Was the instrument as thus signed and
attested so authorized and executed as to be-
come contract Of the corporations?
2. Fit was SO authorized and executed was it
ultra wire!
3. If not ultra wires is it a contract Of which
court Of equity may compel specific perform
ances?
4. Il it may, ough. specific performance be
decreel?
Regarding the first question the court saws
The instrument was signed and signed by the
proper officers, approved, duly authorized and
was binding. On the second point the court
held: That the contract would not operate at
present to disable the Pacific from drscharging
its duties. while the Rock Island was let into
possession and use the Pacific was not put out
of possession and use. The Pacific remained
In undisturbed possession Of its track, could
- - 40 ""i''e anu oisenafSe az TIE oastes
1t owed The power to make such laws was
bestowed by the act Of incorporation
II" 'Ie h'ceAnoio'ers a' Me regular meetings.
The contract was approved by all the stock
n"lusls present Deihg two-thlrds OF the entlre
contract us one .b;c,, oo,.,,ornt,on no,-IJ
make 1t, the government or the public? 1t was
not compelled by its obligations to the govern
ment to hold its track and property beyond
teItin,, tb.,t $50 ~ ~ a,Ioh wy - o.
rinety-,;,1a ~ IN NE ~ ~ .ue eV1' ""s lot
a.. - t2 Gnu .is". oeiOio ~ onpt.u
wonl1 Jsr,and rs =, VIC n'on
oil ne - y = M. Pos's eso am uso "a
of The tcrms n,ad tbat v";' anu ma sie
49, y.i,J s.. 's ~ - ie 10
.hst NJ, o., 1911 80 - ''
ia cba,,,.o aorS;,i1',' -, 80 o. 10
hence Son1J ne ,bo iii nn 1ai w ~: .ols
,,.csS.a,.,. -, ., = ID w - - uso Va I've s
of -, ,Uo--TJ .ue pomefs Vi oour'
Fprtfar,. mo", ~ 'e eiu.'. W 'io emei
vented tI a. 'nu ..i ""s NJ. pr.
80, -. t-e eoH'i". ifoiH 'tePPAie az 90 any
-. ~ ~ are apuseu anu eoni-
tt,.t 'iIe S9iio 70 Iuii! uiseharhe 'S uutiee;
81 H =. oe s''iu .iie ooitr"e' was peyohu
,ract ~, r, u. a. ino W e.a. inIs IN
s-,,I,a nm ~ oIe 70 - iL'o nioheS 'ne
~ $3.50 vs. VI % q pa VI I've pIuPeiE-
III ,h;aN,,D, ~. 'ne III ny. 'nat n1i'nei VI
contr,,., - ~, - -. "''o 'A"' 'no
E,t.rr;Te, =. tb D-tI: ,-u,.
60, - W tnc ne pAui'' n ,'iiey roau tne
startioII,' al ,bo - - IN t o"ieI suD
tracts LE a,,,,,,, l. -. . "nu
n.e Of ~ 80, az Yi va. p"i . .i.,
GhaIIp. &c &c l"'u Geo, 80 'ne
Ibs cnrr,U.i.; m"' ''ie'' pes'"o 'ne Po"efs VI
THE RAILROAD SITUATION.
The judge entered into a general discussion
of the railroad situation The court stated
tbot .b.ra -, - ,I,o - ~ -.
"'' ~ 'ae ea'o P"oho ih'ereS'
deserving OF Frotec.ion. Inc testimony dls-
closeu that before the contract was entered
INTO the isoch Island mad determined to build
bfidse across the Missouri river at Omaha and
Nil the gap between Council Bluffs and Beatrice
Dy us own line In conjunction with the