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Kyne, Peter B. (Peter Bernard), 1880-1957

"The Valley of the Giants"

We own a square block on that corner, and we'll build
across it, making a gradual turn."
"See here, my son," Buck said solemnly, "is this your first adventure
in railroad building?"
Bryce nodded.
"I thought so; otherwise you wouldn't talk so confidently of running
your line over city streets and making jump-crossings on your
competitor's road. If your competitor regards you as a menace to his
pocketbook, he can give you a nice little run for your money and
delay you indefinitely."
"I realize that, Buck. That's why I'm not appearing in this railroad
deal at all. If Pennington suspected I was back of it, he'd fight me
before the city council and move heaven and earth to keep me out of a
franchise to use the city streets and cross his line. Of course,
since his main line runs on city property, under a franchise granted
by the city, the city has a perfect right to grant me the privilege
of making a jump-crossing of his line---"
"Will they do it? That's the problem. If they will not, you're
licked, my son, and I'm out of a job."
"We can sue and condemn a right of way."
"Yes, but if the city council puts up a plea that it is against the
best interests of the city to grant the franchise, you'll find that
except in most extraordinary cases, the courts regard it as against
public policy to give judgment against a municipality, the State or
the Government of the United States.


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