Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-11-21
Evening Story
RIGHT.OF-WAY.
BY Edmund Moberly.
Copyright, 1918, by the Mcclure News.
paper Syndicate.

Jackson JTSSOTy was ISduih6 NhS
party of men who were making pre-
liminary survey for new branch line
which the directors of the D. r. and
T. railroad had decided to build. For
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 re-
moving his eye from the telescope OF
his surveying instrument, he was non
plussed to find himself confronted by q
dainty young woman armed with a
shotgun.
Don't you know this is private prop.
erty?" she demanded.
"The fences would seem to indicate
that" he replied.
Then why are you trespassing upon
IT,"
1--WE are making survey for rail-
road"
ITO run through here?"
Eyes"
"No railroad shall run through here. y
"Oh, yes, it will It 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."
"Rut say it shall not-not over this
land" she declared holly. "This is my
property-and | refuse to permit it.:
so get your men and instruments and
things out of here at once"
Disregarding her weapon, Gregory
advanced toward her.
"Are you acquainted with the legal
status Of case like this?"
"I'm acquainted with my own rights.
But are you aware of the railroads
rights?"
II am not concerned with them"
"You should be- If you drive us off.
the delay will be only TEMPORARY. The
railroad will Immediately have conrt
Injunction issued against you. and then
your hands will be tied legally"
do you mean to inform me that
your road-any road-can build across
my land without my consent?
IT 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 TRANSFORMATION.
Any railroad has legal right to ac-
duire right of way across a 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 lose the land which the
railroad takes?'' she asked with a note
of pleading in her voice.
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 counter offer. If you can
not come to terms with him, or if you
refuse to set a price on the land the
railroad needs the court. at the COM
pany's request will appoint board of
citizens who will act as appraisers and
fix the amount the railroad must pay"
She was smiling when he finished.
"Why, that doesn't sound so terrible
she declared. ''I'm terribly ignorant
of such matters, and I did not know
what awful act Of aggression the rail-
road might commit You see, never
had the law governing such conditions
explained to me. and l suppose have
made myself look very foolish by COM
ing out here and holding you up with a
gun But the gun isn't loaded" she
added with a laugh.
81 suppose, then. we may proceed
with the survey Miss"
"Sumner-Evelyn Sumner. is my
name" she said simply Eyes, you
may go on
81 thank you for your permission and
your belief in my EXPLANATION he re-
piled "My name is jackson Gregory"
After this the survey proceeded with
out interruption to the end. Gregory
learned from loquacious neighbors that
the farm had been bequeathed to Miss
Sumner by an uncle, and that she was
having 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 -
81 came on business" he ex-
planned. 81 have been placed in
charge of the construction of the new
line, and I called to know if could
find headquarters for myself and my
engineers at this house while the work
Is being done In this vicinity"
why, yes" she replied 1--WE no
doubt it could be managed"
Arrangements satisfactory to 10th
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 rrolonging the visit,
departed.
II suppose you and the railroad came
to settlement" he ventured as he
was leaving.
ooh, yes; the claim agent was here.
We had no difficulty at all in coming
to terms" she replied.
The passing of week saw Gregory
and his subordinates comfortably set
tied at the Sumner farm. The laborers
came and established their CAMPS and
the proposed line of the D. R. & T. be-
came a center of intense industry.
Gregory's engineering force was
composed entirely of young men. They
soon made acquaintance with the dam
sells of the neighborhood, and. as re-
suit. their chief and Miss Sumner were
11fl olo L