The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-07-06
North Bank Line Wins Com
plete Victory.
JUDGE MERCEDES DECISION
Holds That the Columbia Valley or
Hartman Railway Is Not Build
ing In Good Faith.

Hill won over Hartman when Judge
w. w. McCredie, of the Superior
Court of Washington, decided that
the Portland e. Seattle Railway had
the right to condemn across the pro-
perty Of the Columbia Valley Railroad
along the north bank of the Colum bia
river, says the Oregonian. The de-
cision is a sweeping one, and carries
with 1t the settlement of an impor-
tant question in the struggle between
the two roads. Both have fought
for the narrow strip along the rivers
edge whereon a arilway can be built.
Both have been at work building
grades preparatory to laying rails.
Both claimed certain points of con-
flict, the Columbia Valley by deed
from the former owners, and the Port
land 81 Seattle by virtue of condemna-
tion suits across the property of the ri
val corporation. By decision al
lowing the right, if sustained by the
higher courts of Washington, appaI
entity no barrier can be raised in the
path of Hill that will prevent him
from following the surveyors 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 protec-
tion by allowing it to build roadbed
and track over the right of way paral-
lei with the Portland & Seattle track
surveyed, without compelling the
Hartman road to recondemn, pro vid-
ing the Columbia Valley determines
to build and does build within reas-
enable time. If the opposing road to
the Hill line fails to build, then the
Portland g. Seattle is to have the full
right of way for its own purpose.
Judge McCredie bases his decision
on 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 furnish a
single witness to swear to its intention
to build the road, while the powers be-
hind the Columbia Valley are silent.
1t leaves it for the court from the evil
dence 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 knowledge was confined
to resolution passed by the board of
directors in April of this year, which
directed construction of the road.
Judge McCredie goes on in his de-
cision to say: "It appears that the
Portland q Seattle has constructed
large portions of its road across the
public domain and along much of the
route selected by the Columbia Valley
under the act of 1875. 1t also ap-
pears that no estimates of the cost OF
the construction of the Columbia Val
ley have ever been submitted to the
trustees and no contracts have been
lot for the proposed construction.
From these facts and evidence on
many minor points the court is un-
able to find that the Columbia Valley
intends to use and will use the land
sought to be appropriated for railroad
purposes and is unable to find that
said road now or ever will construct
the proposed road.
''It appears that the contemplated
use for which the land is sought to b'
appropriated by the plaintiff is a pub
lie use and the public interest requires
the prosecution of such enterprise ant
the land is required and necessary fol
the purpose proposed by the petition
err
In his opinion, Judge McCredie goe
into the history of the making of th'
original survey by the Hartman in
terests and upon which the Columbii
Valley road has been laid out. Th,
court holds that such line as survey
ed by George w. Hunt in 1890 wa
such one as mapped out by lin'
which makes cost of construction
primary rather than secondary con
sideration, whereas today the railroa'
places cost iu the background. Judg
MoCredie says that from the evidenc
produced, the line of the Columbi
Valley is crooked and full of curves
many VI MHAOu dtt Va hAbu 1ShaSV "
curvature Il would be impractic
able, il not impossible, for moderl
road to construct this line of railway
The o. II. y N, which the cour
states is the guiding hand of the Col
umhia Valley, has spent hundreds O
thousands of dollars in eliminating
from its line ON the south bank of tn
river curves of the same character a
appear in the location of the Columbii
Valley. The court holds that whll
the Hartman line holds title to
small portion of the right of way fron
Kennewick to Vancouver. aud has eS
pended therefor about $4,000, tn
Portland a. Seattle has acquired prac
tioally all of its rights of way and ha
paid for the same over 100000. U
to the first of May the court foun
that the Hill line had expended owe
~ 900. 600 for construction along il