could not well operate a railroad through a receiver in any
other way. The remedy is cheap, speedy, effective, and just.
It may, however, be abused—so may any other judicial power—but
the protection against abuse, in laws of this kind, is not
to be found in an appeal to a jury, but in an appeal to the
court of last resort. This remedy is open to the petitioner.
If injustice shall be done him here the error will be corrected
by the supreme court. The intervention of a jury is not
deemed necessary in this case, and the petitioner’s motion
for one will be denied.
The Union Pacific Railway Co.v.The Burlington & Missouri River Railroad Co. in Nebraska and the Omaha & Southwestern Railroad Co.
(Circuit Court, D. Nebraska.———, 1880.)
1. Eminent Domain—Right of Way—State Legislation.—The right of way of the Union Pacific Railway is not property of the federal government set apart for its own public use, so as to exempt it from the operation of a law of the state of Nebraska respecting the crossing and connecting of railroads, and the condemnation of property for those purposes.
2. Same—Foreign Railway Corporations.—Sections 97 and 113 of the General Statutes of the State of Nebraska, respecting the crossing and connecting of railroads and the condemnation of property for those purposes, are applicable to foreign as well as domestic railway corporations.
3. Same—Concurrence of Majority of Commissioners.—The concurrence of a majority of commissioners in the condemnation of a right of way, in the exercise of the power of eminent domain, is a public matter, within the meaning of the rule that, when authority is vested in three or more persons to determine a public question or matter of public concern, a majority have power to decide, provided all act on the matter.
In Equity. Motion to dissolve injunction.
A. J. Poppleton, for complainant.
J. M. Woolworth and T. M. Marquette, for defendants.
McCrary, C. J.This case is before me on a motion to
dissolve the injunction heretofore allowed restraining respond-
