The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-10-13
TO RESTRAIN THE ARKANSAS &
cHocTAW RAILROAD.
judge Townsend Holds That the Road
Has the Same Right in Town That
Il Has in the country-Rail.
road Can Settle.

]
zens. has for time at least. b, en-
disposed of
Judge Townsend refused to grant
the Injunction restraining the Arkan-
sas 4 Choctaw road from using the
right-of-way as surveyed by them.
holding that when congress gives a
railroad the right TO construct a road
across this Territory it gives them
the same privilege within the corpor-
ate limits of the town as it dc,n in
the country.
Judge Townsend said
This is an application for an in.
junction and think I understand pret-
ty clearly the contentious of both
sides ! think that so far as this pres
ent proposition is concerned am
ready to indicate what | think about
IL, without examining briefs in the mat.
ter In the first place. in my opinion,
there was granted to this railroad
company the right to operate and con
| struct a road on a certain survey of
land from one side of this Territory
to the other and ! don't agree at all
in the contention that in that same act
congress intended TO limit the grant
10 the portion of the Territory out.
side of ,nese little towns / think
congress intended 10 give them the
rightoi-way from one side OF Il to the
other. That act was passed in January
1893, the Atoka agreement was rati-
fed, | believe in August some time
the previous year-lS9S. or course
this act OF congress granting this
right-of-way was passed subsequently
to the Atoka agreement and of course
1t is presumed that congress knew
what the Atoka agreement was when
it passed this act. The rule of con
struction, as every lawyer is aware.
is of course that If there is an abso.
lutte conflict that the latter act Is IN,
one that prevails. but Il is the duty
OF the court to construe. TIC two acts
together and to give ene,t 20 both
acts, if It is possible to a. IT, Now,
that being the conditicn, IN my ildg-
ment they have a right C. build this
road from one side o. tue 1'erritory
% he other. The question is as to
compensation. II seems 10 me that
that is the only thing really that is in
this case.
| have a good deal OF doubt with
reference to what the rights of these
occupants of these lots are Perhaps
it may be as the gentlemen for the
defendants CONTEND mere privil-
ege, mere privilege 70 purchase
and yet il is competent for the govern.
ment and these Indian tribes to make
an agreement and contract Tor the
benefit OF these citizens here and /
think they would be entitled
ltc t.9 benefit il II was so
made.H II that act has that
effecu the question in my mind is
as 20 whether it does not raise an
| equity in favor Of these occupants. ylu
may say of hese lots and the own
ers OF the improvements. / say that
! am not clear about Il. asst evening
| thQugit the equity existed, without
a doubt. by reason of the adoption of
the Atoka agreement, but after heard
Mr. Sopers suggestion about this. this
morning, ! became doubtful as to
whether ! was right or not But sup
/ pose they have an equity or suppose
/ tLey don't have an equity, tnar q,,as.t
tion can be settled in determining the
amount OF the compensation to be
paid, can't IL? It isn't necessary to en-.
join the construction of this road
That is a question that can thCo be
settled.
Mr., Soper: The only thing |
made upon that question is that the
map or Ardmore. OF course. could be
delayed pending this litigation. 1t
is something we are desirous 10 avert
II possible We hoped that some agree
ment could be come 10 between the cit.
liens of Ardmore and the company
by which this could be averted The
question would come into this case
before we get very far as to whether
this land should be plated on the
map TO those individuals who claim
ed on the right-of-way or whether il
should be plated to the railroad com
pany
The Court: What is stopping the
Secretary OF the Interior from going
ahead?
Mr.. Soper: Nothing.
The Court: ! have nothing to do
with him. This law suit has nothing
to do with him. He should go on
and execute the law as he understands
| it,
Mr., Perry: | understand Mr. Led
better to say that he had a telegram
from Mr.. Jones that action on this
I whole matter was susnendad