Page:Federal Reporter, 1st Series, Volume 6.djvu/334

 822 FEDSBAI/ BBSFOBTES. �shipping and storing of freight under the exclusive control of the owners of the railway then being constructed by the de- fendant from Portland to the head of the Wallamet valIey ; with a proviso, that the defendant should not sell or assign the premises otherwise than as an appartenance to said rail- way, and that said grant shall be forfeited if said railway is not completed to the said premises before January 1, 1882; saving to the plaintifF "any pecuniary or property rights" whjch it. may have in said piemises "as a municipal corpora-, tion, and whioh the state may not lawfuUy appropriate in this act." �In pursuance of this act the defendant entered upon the premises and commenced to prepare the ground for the uses specified in the act. The plaintiff,claiming the act of the legislature to be in excess of its power, and therefore void, on January 31, 1881, commenced a suit in the state circuit court for this county, perpetually to enjoin the defendant from oecupying or using the premises thereunder, and on the same day obtained an ex parte order for a temporary injunc- tion, restraining the defendant as prayed for in the bill, which was served on February 2d, thereafter. Afterwards, on February 17th, the suit, on the petition of the defendant, was removed to this court, and the transcript filed herein on February 25th. On March 17th, the defendant filed a petition asking that the injunction heretofore granted be modified so as to allow it the use of the premises for a track and side tracks, to facilitate the construction of its road from Portland to the point where it will connect with the junction of the sections thereof already constructed between a point in Ma- rion county and Brownsville, Linn county, on the east side of the Wallamet river, and Dayton and Sheridan and Dallas, on the west side, stating that it is the owner of the east part of block 71, lying immediately north of said levee, and bas a wharf thereon for the loading and unloading of sea-going vessels; that the iron for constructing said railway must be imported in such vessels, and that if allowed the use of the levee as aforesaid, in connection with said block 71 and wharf thereon, it can a*eceive and forward said iron at a great sav- ��� �