Page:Federal Reporter, 1st Series, Volume 6.djvu/333

 CITY OF EOBILAND V. OBEGONIAN BT. 00. 821 �City op Pobtland v. Oebgonian Et. Co. (limited.) �{Circuit Court, D. Oregon. March 22, 1881.) �1. Catibe Rbmoved — Injdnction. �Upon the removal of a cause to a circuit court, the same has power, bef ore the flrst a&j of its next term, to allow or modify an injunction. �2. Injunction. �Where a suit for injunction turns 'wholly upon the validity of an act of the legislature granting the defendant the exclusive right to the use of certain property, to aid in the construction and operation of its raiiway, which is claimed by the plaintiS as a public levee or landing, and the use of such property, in a way not materially in con- flict with any use to which it is being put, is of great advautage to the defendant, an injunction restraining it from such use will be modifled accordingly ; and, in the consideration of the matter, weight will be given to the presumption that an act of the legislature is valid, and that the defendant is engaged in a public enterprise m ■which the public is interested. �S. Bond. �Upon the modification of an injunction the court may require, a condition of such modification, that the defendant give a. bond to secure the plaintiff against any injury which may resuit to it from the same, or to perfurm the final decree couceming the same. �Julms C. Moreland, for plaintiff. �ElUs O. Hughes, for defendant. �Deady, D. J. At the last session (1880) of the legislative assembly, an act was passed granting the defendant, — ^the Oregonian Eailway Company, limited, — among other things, the use of the triangular-shaped piece of ground lying be- tween the east line of bloeks 112 and 113 of the city of Portland and the east bank of the Wallamet river, the same being, as appears from the map, about 520 feet long and 60 feet wide at the south end and 300 feet at the north end, and known as the "Public Levee," and dedicated to public use as a levee by a map and ordinance of the plaintiff — the city of Portland — recorded March 6, 1869, "to be held, used, and enjoyed for occupation by track, side-track, water stations, depot buildings, wharves, and warehouses," and such other "erections" as may be found necessary or convenient in the �v.6,no,4 — 21 ��� �