Rensselaer Republican, Volume 19, Number 41, Rensselaer, Jasper County, 16 June 1887 — AN IMPORTANT DECISION. [ARTICLE]

AN IMPORTANT DECISION.

Thelron Mountain R. R. has the Right of Way all Through St. Louis. A decision rendered on the 7th inst, by the Supreme Court of Missouri in the case in which the St. Louis, Iron Mountain <fc Southern Railway Co,. appeared as respondent and the city of St. Louis as appellant, makes the railway company indepenent of local legislation and gives it the right of way through all the streets of that city for its tracks which it wishes. The decision of the supreme court was rendered by Judge Black, who, in reviewing the case, say si' By the charter of the St. Louis & Iron Mountain Rtilroad Company, and the special act therein mentioned (laws of 185-1, page 479; laws of 1837, page 271) it is provided: The company shall have full power to build said road along or across any state or county road, or the streets or wharves of any city, town, or village, whother corporate or otherwise. But before such rights shall vest in said company they shall apply to the county court of the proper county for such right, and having filed in the office of the recorder a plat of said road, and the manner in which it is to cross said roads or streets or other public way, and if the county court is satisfied that no great injury will he done to the public, they may, by anofc, der of such court, give the right of way to said company to us 6 the same for that purpose. The county court, in granting the way over the Streets under the special charter provisions before quoted, acted as the agent of the state in the management of the public highways. The right to grant the prayer of the corporation rests court. -The cireuiL eourt is powerless to this discretion, for no such power is given by the law. If this special charter provision is not available to' the present corporation, then the order is a ntdity and may be treated collaterally. Whether availabteor not, the aot of the county courtis one from which the law has given no appeaL The order dismissing the appeal is therefore affirmed, on the ground that the order is one from which no appeal will lie.