Page:Federal Reporter, 1st Series, Volume 6.djvu/337

 OITY OF PORTLAND V. OBEGONIAN RT. 00. 826 �to be forgotten that the speedy construction of the defend- ant's railway to a deep-water landing in this city is a public enterprise in which the public is interested. As such, the legislature has undertaken to encourage and promote its com- pletion at an early day. On this consideration alone a court will be caref ul, in the exercise of the power of injunotion before final decree, not needlessly or lightly to interfere with the progress of such an enterprise, or by delaying or impeding its construction for a season, deprive the oommunity of the benefits that may be derived from it. Besides, the court has authority, in the exercise of this power, to take security against any injury which the plaintiff may sustain byreason of the acts permitted to the defendant. N. P. R. Co. v. St. P., M. e M. By. Co. e Ped. Rbp. 692. �Let the injunction be modified so as to permit the defend- ant to construct and operate a track and side tracks over and upon the promises during the pendency of this suit ; it first giving bond in the penal sum of $5,000, with one or more Bureties, to be taken and approved by the master of this court, conditioned that it will, upon the order of this court or upon the entry of a final decree in this suit against the right and claim of the defendant to the use of said premises under and by virtue of said legislative act, remove said track and side tracks from said premises, and leave the same in as good a condition for use as a public levee as they now are ; or the defendant may deposit, in the registry of this court, United States bonds of the par value of $6,000 as a security for the performance of said acts. ��� �