Phœnix & Eastern Railroad v. Arizona Eastern Railroad

Citations

• 9 Ariz. 434
• 84 P. 1097
• 1906 Ariz. LEXIS 82

Syllabus

<p>1. Railroads — Public Lands — Grant of Right of Way. — Legal title to a right of way sought by a railroad company under the grant of the act of Congress of March 3, 1875, (chap. 152, 18 Stats. 482; IT. S. Comp. Stats. 1901, p. 1568,) vests upon the approval by the secretary of the interior of- the profile of its road, and not prior thereto.</p> <p>2., Same — Rival Claimants — Approval of Profile. — When rival aspirants for the same right of way under the aet of Congress of March 3, 1875, (chap. 152, 18 Stats. 482; IT. S. Comp. Stats. 1901, p. 1568,) file profiles covering it, a duty devolves upon the secretary of the interior to determine from the facts which company has superior claim to the approval of its profile and to give his approval aeordingly.</p> <p>3. Same — Contest in Interior Department.- — While a contest is pending before the secretary of the interior between rival railroad companies seeking approval of conflicting profiles of their roads under the act of Congress of March 3, 1875, (chap. 152, sec. 4,-18 Stats. 483; U. S. Comp. Stats. 1901, p. 1569,) courts should not assume jurisdiction to determine the ultimate right of possession of the right of way in controversy.</p> <p>4. Same — Injunction.—Pending determination of such a contest, a court ought, in the interest of the public as well as in the interest of the company showing the greater immediate equity, upon application of the company interested, by appropriate temporary orders, to protect it in the construction of its road.</p> <p>5. Same — Change of Location.; — -A railroad company which has obtained approval, under the act of Congress of March 3, 1875, (chap. 152, sec. 4, 18 Stats. 483; U. S. Comp. Stats. 1901, p. 1569,) of a profile of its road, may change a portion of its location, provided such change does not interfere with intervening rights.</p> <p>6. Same. — A rival company which is not misled by the acts of a company so changing or seeking to change its location, and which has not