The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-05
THE YAKIMA STATION.
final Victory for the Northern
Pacific Railroad.
CANADIAN PACIFIC FREIGHTS,
.ssessment of Express Earnings-strfkes
a Southern Roads-State Railroad
Commissions.

TnHITeToy CITY, Jan. 4.-The United States
.s,en,e court rendered a decision today in IA
- al the Northern Pacific Railway Company
!, the mandamus suit brought against il by the
.srtory of Washington, ex rel. Hiram Dustin.
-o.scuting attorney of Yakima county to com
= the railway 10 maintain station and stop
|. (. rains at Yakima City. Justice Gray rem
xs,ad the opinion of the court. Justices Brewer.
r,.,a and Harlan dissented. The bill set forth
,ssi Yakima City, at the time OF the building of
ne road, was the county seat and the largest
ann in that county, and the object of the rail-
,,ed company in refusing to make Yakima CITY
!. railway station was to ruin the town and
srhsncc the value of the TOWNSHIP of
vorth Yakima which it had located on
r,;uprovsd lands belonging to the railway
sonusny Justice Gray, in the opinion OF tho
,ourt. SAYS q writ OF mandamus TO compel a
,.ilroad corporation TO do a particular act in
rustructiug its road or buildings, or in run
Ming liz trains can be issued only when there ia
specific legal duty on its part to do that act
,ra clear proof of breach OF duty. The courts
hsye 30 held, even in the matter OF the estab-
i,hing of q station at the terminus of the road.
The difficulties In issuing a mandamus are
much increased when il is sought to compel
the road To stop trains at q particular place.
The location OF stations and warehouses for re-
ceIying and delivering passengers and freight
involves comprehensive view of the interest
Of the public as well as of the corporation, and
the consideration of many circumstan-
ces concerning the amount of bust.
ness and the convenience OF the par
ticular location, which are more
Appropriate to be determined by the directors.
or, in case Of abuse of their discretion, by the
legislature or by administrative boards intrusted
BY the legislature with that duty, than by Or
binary judicial tribunals. Justice GRAY SAYS
the charter OF the company does not i'm
pose any specific duty as to the main
ienancs and size of stations, and that
10 compel the directors to be controlled
BY the courts by writs of mandamus in estab-
fishing stations would be inconsistent with many
previous decisions. The finding below, he says,
saows that the people living in the surrounding
country. considered as community, would be
better accommodated at North Yakima than at
Yakima City. The company denies the fraudu-
lent intent charged by Yakima City, and 1t was
not found by the Jury. The fact that the town
ofScrh Yakima was laid out by the company
On It's own land cannot impair the rights OF the
Inhabitants Of that town.
Justice Brewer rendered vigorous oral dis
sent which was concurred In by Justices Har-
ian and Field. He said when the railroad built
I'd line 1t found city already established, the
county seat, and the largest place along its road
CURED that a station should be established there
Instead, the railroad company went three or
four miles further along and laid out town on
It, own land. No reason Is given for such a
course. The railroad neglected and abandoned
ihpHblic duty to subserya its private ends Any
one who knows the process of railway building
Knows that 1t is common thing to build up a
bvn and pull down another in this manner. IL
the established town offers an insufficient bonus
Tor station. The dissenting justices, he said,
thought the courts had SUFFICIENT power to
mtrain in such proceedings.
The Northern Pacific railroads unjust treat
nent OF Yakima City was taken up by the Dem
seats in 1856 as an issue, and resulted in the
lection of Charles s. Worries as delegate to
congress. Other cities had grievances too, for
he Northern Pacific was in the townsite busi-
nsa then. After the railroad decided 70 ignore
fakima City most of the inhabitants stampeded
o North Yakima, taking their houses with
them on wagons. Since then North Yakima has
kfome an important and prosperous city, and
here Is talk OF building an electric road to the
id town.