“That’s exactly where the shoe begins to pinch, Pennington’s main-line tracks enter the city along Water Street, with one spur into his log-dump and another out on his mill-dock. From the main-line tracks we also have built a spur through our drying-yard out to our log-dump and a switch-line out on to our milldock. We can unload our locomotive, steam shovel, and flat-cars on our own wharf, but unless Pennington gives us permission to use his main-line tracks out to a point beyond the city limits—where a Y will lead off to the point where our construction begins—we’re up a stump.”
“Suppose he refuses, Bryce. What then?”
“Why, we’ll simply have to enter the city down Front Street, paralleling Pennington’s tracks on Water Street, turning down B Street, make a jump-crossing of Pennington’s line on Water Street, and connecting with the spur into our yard.”
“Can’t have an elbow turn at Front and B streets?”
“Don’t have to. 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. At any rate, they’ll hang you up in the courts till you die of old age; and as I understand the matter, you have to have this line running in less than a year, or go out of business.”
Bryce hung his head thoughtfully. “I’ve been too cocksure,” he muttered presently. “I shouldn’t have spent that twelve thousand for rights of way until I had settled the matter of the franchise.”
“Oh, I didn’t buy any rights of way—yet,” Ogilvy hastened to assure him. “I’ve only signed the land-owners up on an agreement to give or sell me a right of way at the stipulated figures any time within one year from date. The cost of the surveying gang and my salary and expenses are all that you are out to date.”