Show I 1 AGAINST ME U P I 1 judae brewer dm gives a decision on oil the omaha iride bridge dispute I 1 I 1 mm ROCK 1111 sr rui PIUL A i i he hold holds ibe the union contract will ike tie Q to ba be valid 1 ili J it at least a i A court if 1011 shill mary it 1 1 july 27 justice brewer ol 01 the united S sates ates supreme court this morning morn ing a decie deci ioa in the famous union pacific kock rock island bedee case the decision Is fagains the union pacify Pac ifil and holds the cen 1 tract with the rock island and A 1 milwaukee roada roads valid I 1 justice brewer in his decision holds in substance balance Bu the contract 1 1 wag was 0 draeb by the proper officers ot of it the union pacific was approved daly da ly t authorized and was bind ng it woo kojl I 1 I 1 not operate at to disable the 19 union pacific from discharging Is i duties ull 13 it was not compelled by ita its 1 obligations to the united states government to held hold its tracks or property beyond the use of any other corporation po ration the contention that the 1 1 term 0 of ibe the contract was nicety nine m years and before it expired the growing business of the union pacific would demand entire possession and nee use of all ita tracks and facilities and that the leali of the term m made ads that void which might have been valid for a ter few years the court m hell bell that no one could foresee the future it if the chanced changed condition of 5 affairs twenty years hence should mate make abe t h a fiill full use of the tracks feces ear eary y to the union rAc pacific ifie tb ibe e powers of ID f a court 0 ot equity would be equal to the eme emergency gency furthermore the I 1 government was not prevented entel by 0 the contract from stepping la to at any time when ita its rights righta were abused and compelling the union pacific to fully discharge ita its duties theaon the contract was visa simply one to convert to m 0 ny the surplus use cf of a part of 1 the t h e union ui ou pacific property in conclusion 0 c the court held that none bonef cf the objections were ere well taken and tb that at the contract was not ultra tires tire the TL h a cour court t further f u r t b er e a aid i d that the testimony oy n dise disclosed 1 0 s e d t abe h 0 tact fact that before the contract act was entered into the hock rock Is island land bad ha d determined to build a bridge at omaha and fill the gap between council oluffa and beatrice by its own line in conjunction with the chicago milwaukee tit dt paul it bad had secured a charter from congre sand and negotiations were pending pend i ng dt to 0 e secure th the e n necessary e ce a y mone money y to do 0 th abe e work bore A at t t this h 1 point p 0 sint I 1 the officers ficera of of the union pacific sought those of the kock rock island and prevented prevented Ere vented the building of the bridge by y means of the cn contract tract now in I 1 question this was a case in which and the contract of which a court of e equity may decree the specific performance e for mance relying on ath the contract mado made by the officers of the union pacific who bad long experience with property a and nd distinguished d i e t in gui e hed ability a b lit t y as L e railroad r a dr 0 officials 0 afi the plaintiff abandoned adiede the place p 1 a u e and n d ne negotiAtion g 0 a t io n a for f 0 r en s n independent line and nd expended over a million and a half halt in building from omaha to lincoln the same considerations side rations require that a like decree de aree be entered in the case of the chic chicago ago milwaukee A st paol pau at the conclusion of judge brewers er a decision judge dundy dandy gave his I 1 views dissenting entirely from the opinion of his colleague the conference between the principals will w 11 I 1 be submitted to justice dewer brewer on wednesday |