Page:Federal Reporter, 1st Series, Volume 7.djvu/665

 IN sa CANADA KOBTHEBN BT. 698 ���In re Canada Nobthesn Et. ». IntbbnationaIi Bbidge Co. �and others. �(Bigtriet Uowrt, N. S. Nm York., 1880.1 �1. JuDiciAi, Action — Usb op Easbment. �A determination by a court, under the authority of a statutory enactment, in a case of disagreement, of the " terms and conditions " upon which a railway company should be entitled to the use of a bridge and its appartenances, af ter liearing the allegations and proof s of the parties, is not an improper exercise of the judioial function. �2. Bame — Samb. �It is no less the exercise of ft. judicial function to preacribe a rule of conduct, or protect the existence of a right during a future period, than it is to determine whether the right has beert invaded in the past. �3. Samb— Samb. �When a statute refers the cfuestion of the conditions upon which' an easement shall be enjoyed to a>judi<5ial tribunal for decision,; after hcaring the proofs and allegations of the p^rtie^, the implict^tion is cogent that. the decision shall procee;d upon settled principles of law and eqUity, and not upon arbitrary discretion. -^[Ed. �An act of eongress, apprqved June 30, 1870, anthorized the ■construction and maintenance of a bridge across the Niagara river by the International Bridge Company, and provided that "all railway companies desiring to usesaid bridge, shall have
 * and be entitled to equal rights and privileges in the passage of

the same, and in the use of the machinery and uxtures thereof , and of all the appartenances thereto, under and upon such terms and conditions as shall be prescribed by the district court •of the United States for the northem district of Ne w York, upon hearing the allegations and proofs of the parties, in case they shall not agree." The Canada Southern Eailway Company «ubsequently presented their petition under this act to the dis- trict court of the United States for the northem district of New York, and alleging that it had never been able to agree with the International Bridge Company upon the amount of com- pensation which it should pay for the use of such bridge, prayed the court to determine and preseribe the terms and conditions upon which it might use the said bridge, together vrith the machinery, fixtures, and approaches. ��� �