Clark v. Great Northern Ry. Co.

• Decision Date: 12 May 1897
• Citation: 81 F. 282
• Parties: CLARK et al. v. GREAT NORTHERN RY CO. et al.
• Court: United States Circuit Court, District of Washington

81 F. 282

CLARK et al. v. GREAT NORTHERN RY CO. et al.

United States Circuit Court, D. Washington, Eastern Division.

May 12, 1897

F. H Graves, for complainants.

Will H Thompson, for defendants.

HANFORD District Judge.

This is a suit to compel the defendants to specifically perform an alleged contract whereby they promised, in consideration of receiving, free of expense to them, a right of way for their line of railway through the city of Spokane, to give to the people of Spokane and vicinity the benefit of transportation of through freight from the east at terminal rates. The bill of complaint avers that after some preliminary and preparatory work on the part of Mr. James J. Hill, a high official of the defendant companies, by representations made to citizens of Spokane there was a meeting between Mr. Hill and a large number or representative citizens, at which meeting Mr. Hill formally offered to locate the line of the Great Northern Railway through Spokane, and to build said line, and, when completed, to carry freight by said line from its eastern terminal to Spokane at terminal rates, if the people of Spokane would furnish a right of way through the city free of expense to the railway companies; that the complainants and others accepted said offer, and agreed to procure said right of way, and that they each made contributions of money or land, and solicited contributions from others, and in that way procured and paid for said right to way, and caused the same to be conveyed to the defendants, except a portion thereof not yet definitely located; and that the defendants, with full knowledge of the facts, have accepted said right of way, and have built upon part of it, and now occupy and use the same. The complainants aver that they are able, willing, and ready to fully perform their agreement in such manner as the court may decree, and that the defendants, having completed their line of railway to Seattle in 1893, have nevertheless refused, and still refuse, to deliver freight at Spokane from eastern points at terminal rates, but, on the contrary, in disregard of the promise so made by Mr. Hill, they persist in charging rates to Spokane much in excess of the rates on through shipments to Seattle and other places having the benefit of terminal rates. Therefore the complainants pray for a decree compelling the defendants to specifically perform said alleged contract, or, if that is impractical,...