The herald., 1896-02-01
ALONG THE RAILROAD LINES
A Supreme Court Decision on
Right of Way
ROUTE THROUGH REDLANDS
Secured for the Use of the Southern
Pacific
New Receiver Appointed for the Atlantic
and Pacific Railroad Anti Funders
Reach an Agreement
Associated Press Special Wire.

SAN FRANCISCO, Jan. 3l.-The supreme
court rendered decision today that will
prevent railways from blocking another
road by occupying rights of way. In the
case the Southern Pacific was the plaintiff.
The Southern California railway, part of
the Santa Fe system, had secured a right
of way through Redlands, which it pur-
chased from the property owners.
/, Then the Southern Pacific company pro-
cured franchise from the Redands town
trustees. Suit against the Southern Cali
fornia company to condemn right OF way
on Park avenue on the Southern California
company's right of way was begun imme-
diately By the Southern Pacific company,
which won its suit In the superior court of
San Bernardino county.
The decision gave the Southern Pacific
company twenty.six foot right on the
avenue, which is 100 feet broad. In affirm.
ing the decision of the superior court,
Judge Searles. commissioner, says there is
no such thing as extiDguishing the right of
eminent domain. and the property and
franchises of corporations, as we'll as of
individuals. although dedicated to public
uses, may be taken for other more neces-
sary public uses. The right of way of the
Southern Pacific is held to be more
necessary public use.
IA railroad company is authorized to
take given guam ity of land" Ihe opin-
ion says, "for right of way, not as a re-
ward for constructing road, bu5 because
it is regarded as necessary to the coustruc-
ton and operating it's jioe of railroad, and
when part of such right of way is not
used and is not necessary for the purposes
OF its creation and uses, either in the
present or future, as in this case, then,
as to the portion of such right
of May not necessary to its op-
Grafton, the appropriation by an
other railroad, when 1t is nee .ssary
to the Use CT the latter for q roadbed, is an
Appropriation to q more necessary public
use within the purvitw of the code ond
may be taken upon compensation being
mode The wisdom of this provision of
our laws becomes apparent wherever rail-
roads converge upon cities, towns, noun
tain passes, etc., and where the right of
way of the first appropriation may be in
part necessary to subsequently constructed
roads and may be taken by the lat er with
only such 'tolerable Interference as does
not materially curtails the rights of the
first appropriation and can be fully compen-
sateu in money"
A. AND P. RECEIVER
SAN FRANCISCO, jan. 3l.-In the United
States circuit court day Judge Nick enna
made an order appointing new receiver
for the Atlantic and Pacific railroad. The
matter came up in the case of the Mercan-
tile Trust comrany against the Atlantic
and Pacific Raj road company and the
United States Trust company of New
York, suit on a mortgage secured by
second mortgage bonds to the amount of
$5,60n,O00. Aldace f. Walker and John
j. McCook, two of the receivers, resigned
on the l 3th of December, and the third re-
ceiver, Joseph G. Wilson, died since his ap-
v.<-svx Th~ ~E ttx ~
cluded the acc ptance OF these reaigna-
tions, and named as the new receiver G. w.
Smith. All tue parties in interest agreed
to the appointment of Mr.. Smith except
the Mercantile Trust company. All the
obligations incurred by the Old receivers
are made to devolve upon Receiver Smith
ANrl-FuNDERs AGREE
SAN FRANCIsC :, Jan. 31.-The commit
tee appointed by the recent ant-funding
convention to draft memorial to congress
protesting against the passage of the Pa
cif1c railroads funding bill, met today and
agreed upon the wording of the document.
The memorial, which contains about 6OOO
words, ecites the history of the eli aed
dishonest transactions of the builders of
the Pacific roads, and asks the government
TO foreclose the mortgages on the roads in
stead of taking possession of and operating
them.
WASHINGTON, Jan. 31.-Representative
Mcguire OF California addressed the house
committee on Pacific railroads today in
opposition to a funding bill. There was
much discussion upon the point OF whether
the government holds the prior lien on the
property to the other interests. Chairman
Powers appointed Messrs. Arnold of
Pennsylvania, Watson of Ohio and Bell of
Texas a cammittee to investigate the ques-
ton of the priority of the lien.
IN u,tIE ,uJTNA SppvJrE
sAN Francisco, Jan. 3l.-The new
steamer Doric is on her way to this port.
Sne sailed from Liverpool last week and
on arriving here will enter the China SER
vice for the Occidental and Oriental Steam
ship company.
She will come direct to this port, and
after dscharging a cargo which she secured
at Liverpool, will sail on her first voyage to
Yokohama.
1t is expected she will arrive here about
the first of March.
The Dorc is practically a new vessel,
having been entirely overhauled at Belfast.
She is vessel of 1856 tons and has a
speed of about seventeen knots. She is in
command of Lieutenant II. Smith, H. NJ. N.
GOT BETTER JOE
CINCINNATI. o., Jan. 81 Oscar G.. Muir
ray has resigned as vice-president of the
Big Four to become operating president
and general manager of the Baltimore and
Ohio, in connection With j. K. Cowen as
president and Edward X. Bacon rs chair
man OF the executive committee.
LOST ELEVEN DAYS