Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1891-10-16
AN IMPORTANT DECISION.
Tho Northern Pacific Cannot Condemn
Private Property for its Own Use.

l.i-' E.uIu-,'. r' thu superior
nu'l held Yesterday IN the Femme
condemnation preceding. that the
\W'h'rn Pa,Iii, EulWIv company has
700 power To- condemn private property
'"r a -pur. or branch line. tn" quc~-
u.u Is q new ON. and will he carried
{" o." Supreme court unless an agree
fu' ~ j. reached i.r thu purchase ui
uh' property invoked. The rrncred-
IuI "a~ instituted 10y the company for
'hc lIrro-r oi acquiring an easement
uttt thc property "f Van Tine Il Fen
tom. AZ IcnIuu. - a. To enable it to
extend a branch line To the Long stone
PARRY. 500 feet distant from the main
track Van Tine X Fcnton are on
posed To the construction of the spur.
~ II would afford a rival of theirs in
the -t"n" business, shipping facilities
III" court dcclIcS that when the
Northern Pacific company completed
ats linz To- Puget Sound it exhausted its
power under the act al Congress char
t'nhc 1t. {" appropriate property 10y
eminent domain proceedings, and that
TIM STATE condemnation statute Of
$3.50. c"n'crS no power upon railroad
companies whose roads are wholly
constructed between their tcrmini.
Following the statement Of this view.
th opinion says:
Eat conccding that this petitioner
might rlghtlully exercise the powers
granted IT hy Congress, under the pro-
N-l"n~ 81 the state law, am fully
convinced from the evidence that this
Land l. not sought for the working OF
the mann line Of road, neither is it for
standing place for cars From all the
evidence 1t is apparent that the pur-
pose for which this condemnation is
prosecuted Is to reach 10y a spur or lat
cral line a certain ledge of rock some
Nh feet from the main line of said
road, which has been partially opened
~ stone quarry 10y one Long, and
thus To- create a feeder to the COM
wnN's business on the main line in
other words To- open a new quarry on
the land OF Long. and thus foster
new industry IN which the public are
n" more Interested than would be the
community in the clearing and plant
my 81 u new field with hops.
" lrur II i testified by one Of the
officers 81 tins company at the trial
that These tracks are needed npon
which 10 store cars for the operation of
~ road, and under ordinary circum-
stances the court would hesitate to say
that such would not he needed at Ten
mo. because We Conccdc that Il very
large discretion Of necessity must be
lodged IN the company to be exercised
through It's officers and agents in de
tcrmininE what is or is not needed in
the operation OF Il railroad. But here
1t also fully appears in this evidence
that the company has its POO feet OF
reht"iw way ON the south side of its
main line at this point, a large portion
Of which is still unoccupicd, and fur
nlshCS ample space for sidctracks sui
ici"nt for II very large car storage, so
that IT must hc admitted that the real
purpose for which this land is sought
to Ice appropriated is to furnish Long
with railroad facilities To remove any
rock he may quarry ut this particular
point The court would gladly aid i'm
any development adding new indus
try To- ThurSton county, il it could do /
:" without violating the property
rights Of the individual. which is ALWAYS /
the case when private property is taken !
Tor private purpose. do not deem I
it material To- the determination of |
this question that this track is only to |
be- $40 feet in length. This fact !
should not influence the court. The ,
land is sought to hc (
taken against their protest, and in !
it can make no possible diff
ference whether this proposed line or
spur be- long or short, and in this in |
stance, rs "A matter OF fact, it could |
not affect or damage Van Tine & Fen
ton any more or less if the contem-
plated line were to bc 500 miles instead
If 500 feet in length, because il would
require only G.S acres in either event.
can | take into consideration
the fact, which was attempted to be
established hy the testimony, that
Long was utterly unable to place his |
stone upon the market without this
Track. and would therefore suffer great !
loss, but this misfortune-if such it he !
adds nothing to the company's au-
Ihuritv to condemn.
This proposed track in no way in
'rcascs or adds To the facilities for !
IranSncting the business of its main
iuc at TcninO. II this were purely n
and it had been shown that
he right-of-way of the company at
his point was wholly occupied by side
tracks and that these were still insult
icirnt to handle the volume of bust
ness there offered, | would not hesitate
10 find the appropriation a necessity,
md the taking n public use, notwith-
Standing it would serve the private
purpose of Mr. Long, and by reason of
the situation Of this rock he might be-
'"me the chief beneficiary, but because
# this it would toe none the less pub
ic use. But this proposed line is not
sldetrack, nor an appurtenance to
he main line. III built, it is to be a
'pur or branch from the main line to
lie Long stone quarry. permitting him
% easily develop his industry, and thus
'rcate a feeder to petitioners main
inc from kalama to Tacoma. The
act that the building of this line will
Md TO the earnings of the main line
grants no authority to this company to
Condemn therefor. In my Judgment
he law does not clothc this company
With the power to condemn for a spur
n branch line, and from it the author
~ to take private property for pri-
ate use has been wisely withheld.
This petition will he dismissed and an
reception allowed"
The full effect of the decision is that
10 railway corporation can condemn
private property for n right-ofway for
track which is to be used for pure
private purpose.
Rates to Tacoma and Port
land EXpOSitiOnS.
Commencing Wednesday, Sept. 9th