Page:Federal Reporter, 1st Series, Volume 4.djvu/24

 10 FEDERAL REPORTER. ���IM THB MaTTBE OP THE PETITION OF THE BaENBSVILLB & �MooEHEAD Ey. Co., eto. (District Court, D. Minnesota. October, 1880.) �1. EeMOVAL — JUBISDICTION — TiME WHKN CAUSE CAN Procebd. — In the �case of a removal the jurisdiction of the federal court is not complete, 60 as to hear and determine the cause, beforo the day prescribed by the statute, although a transcript has been aled. �Application to proceed with the condemnation of a rail- road and the necessary land. �Bigelow, Flandrau e Clark and R. B. Galusha, for peti- tioner. �Gilman e Clongh, for respondent, the Northern Pacific Eailroad Company. �Nelson, D. J. The Barn es ville & Moorhead Eailway Com- pany, organized under the general railroad laws of the state of Minnesota, commenced proceedings under title 1, c. 34, Young's Minn. St., to obtain by condemnation a crossing over the track of the Northern Pacific road at or near Moor- head, in the county of Clay, and the land necessary for that pnrpose. The power to acquire by condemnation a crossing is granted by chapter 80, § 1, Minnesota Session Laws of 1879, and by section 3 the proceedings to obtain the land shall be instituted and conducted in the same manner as other similar proceedings by railroad companies under the General Statutes above alluded to, with some reservations, which are not important here. �A petition stating the objeot and amount of land, etc., to be taken was filed in accordance with the statutory provisions for the appointment of three commissioners to ascertain and report on the compensation, and presented to the district court of the state of Minnesota in and for the county where the land and crossing are situated, and proper notice given as required. At the time of the hearing, September 28, 1880, the Northern Pacific Eailroad Company appeared by counsel and filed a petition stating, inter alla, that it will suffer dam- Hges to a greater amount than $1,000; that it is a company created and existing by virtue of certain acts of the congresa ����