, 1892-10-25
RAILROAD LAND.
An Important Case Against the
Northern Pacific.

Questions of Supreme importance
TO Occupants OF Railroad Land.
what is the Exact Meaning OF
the Reservation clause.
One Of the most stimportant and far-reach-
ing railroad cases ever tried in Washington
was argued and submitted in the supreme
court yesterday afternoon.
It Itappears on the docket as J. B. Biles
VS.. the Tacoma, Olympia g. Gray's Harbor
railway company. A leading question at
issue is whether or not the railroad passing
through Olympia is branch of the North
ern Pacific system or distinct and separ-
ate corporation.
J. B. Biles, the plaintiff in the case,
lives near Elma, in Chehalis county. He
owns forty acres of land which be pur-
chased from the Northern Pacific railroad
company before the Olympia & Gray's
Harbor branch was constructed. In build
ing this branch the right of-way passed
diagonally through the land owned by Mr..
Biles, the company claiming the right to
appropriate a strip four hundred feet vide
for that purpose by virtue of the reserYa-
tion clause in the original contract.
Mr.. Biles sued for q writ of ejectment in
the superior court of Chehalis county.
The company claimed that their contracts
for the sale of land EN- braced in the origi-
nal grants to the road by congress, speci-
fed that they reserved the right to use a
strip 400 feet wide through each section for
the purpose of constructing branch lines.
The exact location of this reservation was
not specified, however, and there was also
a mere ghost Of q show that occasion
ri sfn L
taken of this provision. Mr.. Biles fell a
victim TO the construction company, how
ever, and was forced to take legal steps to
protect himself. His land was greatly
damaged by the road. He obtained iudg-
ment for a writ of eiectment and the com
pany appealed.
o. V. Linn and ]. B. Bridges represent
Mr.. Biles in the case. The company is
represented by Messrs. Mitchell, Ashton
and Chapman of Tacoma, legal advisers of
the Northern Pacific Railroad company.
There are number of fine points in
yolved in this case of personal interest to
every citizen of ThurstOn county and
Washington state, in the least affected bv
the Northern Pacific road. Among them
are:
Does the Northern Pacific railroad com
pany have the power to construct branch
lines not authorized by congress, under the
acts of the state of Washington
Il
deeds to lands, whereby they reseSye a
night Of way. an exception or a reservatfen2
If the clause mentioned is a reservation
is the Tacoma, Olympia & Gray's harbor a
branch Of the Northern Pacific road within
the meaning of the clause, and can il use
the right OF way reserved
Will an action Of ejectment lie against a
railroad company after it has begun to
operate its liner
If the clause mentioned was intended as
an exception is it not void for uncertainty
Congress granted the Northern Pacific
company every odd section of land for
distance of forty miles on either side of its
track This literally meant every other
section. Sales of this land made by the
company include the right of way reserva-
ton clause in the deed.
The outcome of the case will affect the
title, in a certain measure, to all lands pur-
chased from the Northern Pacific.
If the decision Of the lower court is sus-
tanned an effort will be made to hold that
part of the track and roadbed of the COM
pany on Mr. Biles' land.
Interesting Developments are expected.