City of Columbus v. Union Pac. R. Co.

Citations

• 137 F. 869
• 70 C.C.A. 207
• 1905 U.S. App. LEXIS 4218

Syllabus

<p>1. Municipal Corporations—Streets—Vacation—Statutes—Validity.</p> <p>A%. the Nebraska organic act, providing that the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of the act, except that no law shall be passed interfering with the primary disposal of the soil, etc., contains nothing depriving the Legislature of authority over city streets, the Legislature was authorized to pass Act Jan. 25, 1866, declaring that all streets, parts of streets, etc., situated in the town of Columbus, previously taken by the Union Pacific Railroad for turnouts, standing places for cars, depots, etc., should be vacated so long as the 'same should be so used, and that a perfect title should be- vested in the railroad company by the act, to terminate on the termination of the use.'</p> <p>2. Same—City Ordinances.</p> <p>Gen. St. Neb. 1873, c. 9, conferred on cities the right to open or vacate any street, etc., within the city limits, under certain conditions, whenever deemed expedient for the public good, or to give a right of way to any railroad company, etc. Chapter 11, § 83, declared that if it should be necessary, in the location of any part of a railroad, to occupy any street of a municipal corporation, it should be competent for the city and the railroad company to agree on the manner, terms, and conditions on which the same should be used, etc., and, if they are unable to agree, the railroad might appropriate the street in the same manner as provided for the appropriation of property by individuals. Held, that under such acts the city of Columbus had power to pass an ordinance vacating certain streets to a railroad company on specified conditions.</p> <p>3. Same—Terms of Ordinance.</p> <p>The ordinance vacating a street was not void as a grant or sale, instead of a vacation, because it contained a provision: “There shall be and Is hereby granted,” etc., “to the rail