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Transcription
I October 26, 1909 •) c ssup, Engineer Maintenance of Way l)e ar S ir : I have your favor of October 20, asking opinion as to our right to condemn right of way for pipe line to connect I doubt very much whether we would have the righ t under our railroad company has power to exercise the right of eminent d, oma.i n f_o r t,h, e purpose of„ acqui. ri,ng any necessary to tihsj e operation and maintenance of i; ts railroad, I have been It might be d iffic u lt further for uo$> to show that we absolutely require this water in the operation of our railroad, inasmuch as we have other means of acquiring water near at hand. However, i f you d esire, we can bring an action to determine the question. Referring to Hr, N ichols' le tte r , however, I would advise that it would be ille g a l for us to issue anypassea to Mr, P h illip s or Ms family for the use o f this water. Have you tried to obtain a right of way for a pipe line by negotiation? unable to find any decision which goes to the ex$ri|p^;s point I return herewith f i l e . Very .respectfully,
