The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-28
THE EVENING STORY
Right-of-Way.
(By Edmund Moberly. }


party of men who were making pre-
| liminary survey for a new branch line
which the directors of the d. r. and
T. railroad had decided to build. For
a time he encountered no serious OBJ
stacles, either in the topography OF
the country or in the objections of the
owners of the property over which
his party passed; but one day, upon
removing his eye from the telescope
of his surveying instrument, he was
nonplussed to find himself confronted
by a dainty young woman armed with
a shotgun.
Don't you know this is private
property?'' she demanded.
1.-The fences would seem to indicate
that" he replied.
Then why are you trespassing
upon it?''
I'VE are making a survey for a rail-
road"
ITO run through here?''
Yes"
mo railroad shall run through
here
'Oh, yes, it will. 1t will follow that
line of stakes back there, and will
pass this spot and enter that ravine
and go on to the mines at Coalville.''
But I say it shall not-not over
this land" she declared holly. This
is my property-and I refuse to per-
NIT it; so get your men and instru-
ments and things out of here at once
Disregarding her weapon, Gregory
advanced toward her.
Are you acquainted with the legal
status of a case like this %
I'm acquainted with my own
rights
But are you aware of the railroads
rights?''
I'm not concerned with them
You should be. If you drive us
off, the delay will be only temporary.
The railroad will Immediately have a
court injunction issued against you,
and then your hands will be tied 1e-
gally."
DO you mean to inform me that
your road-any road-can build across
my land without my CONSENT"
Il do. If the objections of property
owners were to stand in the way of
railroad building, this country would
be still using the stage coach and the
OK cart as mediums of transportation.
Any railroad has a legal right to ac-
quire a right-of-way across persons
land, regardless of that persons
wishes. If this were not so, a single
individual could hold up the progress
of an entire community"
Gregory had been called upon to ex
plain the law of eminent domain many
times before, but never to so fair a
landowner.
And shall I lose the land which
the railroad takes?" she asked with
note of pleading in her voice.
"Oh, no-not without compensation.
In due course. the company's claim
agent will call upon you. If he deems
the price you demand too high, he will
make you a counter offer. If you
cannot come to terms with him, or if
you refuse to set a price on the land
the railroad needs, the court, at the
companys request, will appoint a
board of citizens who will act as APP
praisers and fix the amount the rail-
road must pay"
a a finished
why, that doesn't sound so ter
rible,'' she declared. I'm terribly ig-
norant of such matters, and did not
know what awful act of aggression the
railroad might commit. You see, I
never had the law governing such con-
ditions explained to me, and I suppose
I have made myself look very foolish
by coming out here and holding you
loaded" she added with a laugh.
Il suppose, then, we may proceed
with the survey, Miss
"Sumner-Evelyn Sumner is my
she said simply. Yes. you
81 thank you for your permission
and your belief in my explanation"
he replied. MY name is Jackson
Gregory"
After this the survey proceeded
without interruption to thine end.
Gregory learned from loquacious
neighbors that the farm had been
bequeathed to Miss Sumner by an
uncle, and that she was having a
hard time making it pay.
When the actual building of the
road began Gregory was placed in
charge of it. Shortly afterward he
called upon Miss Sumner.
II came on business" he explained. |
81 have been placed in charge of the |
of the new line, and II
called to know If I could find head |
quarters for myself and my engi- |
neers at this house while the work is |
being done in this vicinity |
''Why, yes she replied. I've no |
doubt it could be managed.
Arrangements satisfactory to both |
were soon made, and then the CONVEX
sation was permitted to drift into
more personal channels. At the end
of an hour Gregory, regretting that /
he had no excuse for prolonging the
visit, departed.
81 suppose you and the railroad
came to a settlement" he ventured /
as he was leaving.
"Oh, yes; the claim agent was here.
We had no difficulty at all in coming |
to terms she replied.
The passing of a week saw Gregory
and his subordinates comforta bly, /
settled at the Sumner farm. The la