Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-01
What the Houston & Texas ceatral
Railroad has Done TO Delay
Building.
NJoINHD FROM CONDEMNATION.
A Peculiar Case, and Some Peculiar
Reasons for the Injunction.

"a Ais ~ AAAAANAA WA lAHAf A%hH@'
insti,uting condemnation proceed
iugs to cross the track Of the Cen
trail at two points--one south OF
College nd one at Navasota. ,
1t is the opinion Of the L. q
IG. n. attorneys that the in
junction will not lie, but will be
dissolved upon hearing, unless
withdrawn sooner. Yet the delay
thus caused will prove a great him
drance to the |. q G.. n. company,
who expected to reach Nayasota
with their line in October.
The constitution provides that
railroad company shall have the
right with it's road to intersect,
connect with or cross any other
railroad, and if the two corpora
tions cannot agree upon the
amount Of compensation for any
such crossings and the manner of
same, their differences shall be adj
iusted by condemnation proceed
ings, and in proceeding to con-
denim right-ol-way across the track
of another company the redress Is
the same as of an ordinary land
owner whose property is taken.
| 1t is By assessment Of the damages
incurred, and good attorneys claim
that no injunction will lie.
The grant of a franchise to the
| Houston Il Texas Central railroad
company Is of no higher order and
confers no more title than grant of
land to an individual, and when
the public necessities require it,
the one as we'll as the other
may be taken for public progress
on making suitable compensation,
and the fact that the land owner
would be denied a writ Of injunc-
ton makes it equally surprising
that a railroad company could in
this case invoke the equitable
powers of the court without hear
ling to the other party, especially
when we are fully apprised that If
the Houston & Texas Central rail-
road company suffers any damage
it has an adequate remedy at law.
We understand there are some
novel allegations in the petition on
which the writ Of injunction was
granted, one Of which was that
George Gould was building thi,
| FIT. Worth division not for the
purpose of realizing on the invest
ment, but simply to harass the
! Houston 81 Texas Central railroad
company, and further that the /
| d G.. n. after leaving Bryan
should keep on the east side of the
| II. IL T. c. Whether the first al
Legation be true or not-and d
seems highly improbable-sti J
in constructing this read it is rea'
sonable to suppose the l. d G. \
would in making It's lineal survey
choose the most feasible route, anC
we know in the construction of tn,
road out Of Bryan south the line il
free from curve and nearly 20Ol
feet shorter than the Central from
here to College Station; and from
College Station to Wellborn is alb
solutely straight and over a mil
shorter. To accomplish this i
was necessary to cross the Central
and the point selected, the L. 4
IG. n. people say, is almos
level, and one at which the II. 4
T. C. trains have stopped for
number Of years to make the sid
ings at the College for the meelin
of trains.
The /. &c G. n. people claim tina
they have shown a willingness {
cooperate with the II. d T. c.
The Hearne Democrat charge
the |. & &. n. with refusing
Join in building depot at Hearn'
This company claim that sue
is not the case, but that the |. IL {
n. suggested the building Of III
depot after the plans Of the Marli
depot and suggested the buildin
of union depois at College and 1
$50