The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-07-12
VICTORY FOR
THE HILL ROAD
PORTLAND & SEATTLE ROAD WINS
Decision In North Bank Right Of Way
Cases Given BY Judge
McCredie.

court Oh washington, decided JDaC the
Portland and Seattle railway had the
right to condemn across the property
of the Columbia Valley railroad along
the north bank Of the Columbia river.
The decision Is a sweeping one, and
carries with it the settlement of an
important question In the struggle
between the two roads. Both have
fought for the narrow strip along the
rivers edge whereon railway can be
built. Both have been at work build
ing grades preparatory to laying rails.
Both claimed certain points of con
tlict, the Columbia Valley by deed
from the former owners, and the Port
land 4 Seattle by virtue of condemna-
tion suits across the property of the
rival corporation. By a decision al
lowing this right, II sustained by the
higher courts of Washington, appar-
emily no barrier can be raised In the
path of Hill that will prevent him
from following his surveys down the
Washington shore of the river.
The decision announces that In case
the Columbia Valley desires to build
| a railroad down the north bank, the
court will extend the road full pro-
lection by allowing it to build road
bed and track over the right of way
parallel with the Portland a. Seattle
track as surveyed, without compel
| ling the Hartman road to recondemn,
providing the Columbia Valley deter
mines to build and does build within
reasonable time. II the opposing
road to the Hill line fails to build,
then the Portland & Seattle is to have
the full right of way for its own pur-
poses.
Judge McCredie bases his decision
OH the alleged lack of good faith Of
the Columbia Valley, which is the de-
fendant in the suit. He sets forth
that the Hartman road does not fur
nish single witness to swear to its
intention to build the road, while the
powers behind the Columbia Valley
are silent. 1t leaves 1t for the court
from the evidence submitted to infer
its good faith to build the proposed
railroad. Its only witness, Secretary
Rands, swore on that point that he
did not know whether the Columbia
Valley intended to build. His knowl-
edge was confined to resolution
passed by the board of directors in
April of this year, which directed
construction Of the road.
Judge McCIedie goes on in his de-
cision to say: cit appears that the
Portland Il Seattle has constructed
large portions Of It's road across the
public domain and along much ofkthe
route selected by the Columbia Valley
under the act of 1875. 1t also appears
that no estimates of the cost OF con-
struction of the Columbia Valley have
ever been submitted to the trustees
and contracts have been let for the
proposed construction.
"From these facts and evidence on
many minor points the court 10 un-
able to find that the Columbia Valley
intends to use and will use the land
sought to be appropriated for rail-
road purposes and is unable to find
that said road now or ever will con-
struot the proposed road.
1T appears that the contemplated
use for. which the land is sought to
be appropriated by the plaintiff Is a
public use and the public interest re-
quires the prosecution of such enter
prise and the land is required and
necessary for the purpose proposed
by the petitioners.
In his opinion, Judge McCredie
goes into the history of the making
Of the original survey which has been
acquired by the Har rimanl interests
and upon which the Columbia Valley
road has been laid out. The court
holds that such a lineEas surveyed by
George W. Hunt in 1890 was such a
one az is mapped out by line which
makes cost of construction primary
rather than a secondary considera-
tion, whereas today the railroad plac-
es cost in the background. Judge
MoCredie says that from the evidence
produced, the line of the Columbia
Valley is crooked and full of curves,
many of which are of high degree
of curative. it would be impraotic-
able, ii not impossible, for modern
road to construct this line of rail
way.
The o. II. Il N, which the court
states is the guiding hand of the Col.
umbia Valley, has spend hundred OF
thousands of dollars in eliminating
from its line on the south bank OF
the river curves of the same charac.
ter as appears in the location of the
Columbia Valley. The court holds
that while the Hartman line holds
the title to small portion of the
right of way from Kennewick to Van
couver, and has expended therefor
about $16, 900, the Portland & Seattle
has acquired practically all Of its
rights of way and has paid for the
same over 100000. Up to the first
of May the court found thatfrhe Hill
line has expended over 81, 600, 600 for
construction along its entire line,
while the Hartman road Is said to be
working a small crew only in those
counties where the work will conflict
with the Portland q Seattle.
Unless the Portland & Seattle work
is annihilated, declared Judge McCre-
die, the Columbia Valley will never be
able to connect up the grading it is
now doing so as to be able to make a
continuous grade Of its proposed sur
veys. This work, the court points
out, was begun after the commence
ment of the suits for condemnation
by the Hill road,
As the defense of the Columbia Val
ley was that the land which the op-
posing road sought to condemn had
already been appropriated for railroad
purposes and therefore could not be
taken away by another railway, the
decision of Judge McCredie that the
defendant was not in good faith and
was merely attempting fragmentary
construction at strategic point to
hold those stretches to which title was
held away with the plea of the Harri-
man attorneys as far as the superior
court is concerned. The decision will
be appealed from almost Immediately,
however, by the Columbia Valley at.
torneys.