International mailing. Return to Programme Index. Although educated in Zurichhe was born in Le Havre, died in Paris, and after studying at Paris Conservatoire under Widor and D'Indy he emerged as one of a group of young composers, dubbed Les Six by the French music critic Henri Collet. Flourishing briefly under the influence of Satie and Cocteau, Les Six gained notoriety for their outrageous ideas.
He matured into a neo-Romantic with being an admirer of Bach a splash of Baroque. His five symphonies, written betweenare serious, cogently argued, tautly structured, modestly progressive, and both moving and deeply rewarding for anyone prepared to put in some effort.
One of three Mouvements SymphoniquesPacific requires no effort! Pacific Untitled - Pacific 231 (2) - Xochipilli (CDr) aspire to that class, although at the outset Honegger orchestrates the potent hissing of steam, the piercing protestations of bearings, and the skidding of steel wheels as the power surges. The sufficiency of the complaint is not questioned, and it is enough to say that it is, in legal effect, the same as in case No. The answer of defendants in error called herein defendants set up three defenses and a counterclaim.
The first answer admits the incorporation of plaintiff, and denies all other allegations of the complaint. The second defense alleges that, under certain Untitled - Pacific 231 (2) - Xochipilli (CDr) of Congress, subsequent to the Act ofand prior to the incorporation of the companies, the right of way of the companies was made feet wide instead of feet -- that is, feet from the centerline of the railroad track.
That the land sued for, which is in possession of the defendants, is more than feet from such center line; that neither plaintiff nor any of its predecessors have been in possession of any portion thereof, and have not used the same, nor has it needed to use the same for railroad purposes. That defendants, and those under and through whom they claim title, acquired the title under and by virtue of a patent from the.
United States, issued November 5,and various mesne conveyances, and have been in the adverse possession of all of the property described continuously since the patent was issued, which is more than the full period of seven years next before the institution of the action; have paid and caused to be paid taxes thereon, and that defendants now plead and rely upon the statute of limitations of the State of Colorado.
The third defense alleges that the right received by the corporation, which was created by the Act of Congress ofor by its successors or assigns, was, at most, the grant of a limited fee, and made on the condition that the property should revert to the United States if it should not be appropriated and used for a railroad within a reasonable time, or should cease to be used for railroad purposes. That thereafter, before the land was used for such purposes, the right of reverter which was retained by the United States was conveyed by the United States to defendants and their grantors by a patent which was issued by the United States to the Vendor of defendants in That neither plaintiff nor any of its predecessors used or occupied the land for railroad purposes or for any purposes whatever, and on account thereof lost any and all right thereto, and the property reverted to the United States and to defendants; that neither plaintiff nor any of its predecessors ever needed the property or any part thereof for railroad purposes, and can never use the same for such purposes.
That, on account of failure to use or occupy the land for a period which now approximates fifty years next ensuing after the approval of the Act ofthe limited fee which may have been granted to plaintiff ceased and determined, and the property reverted to the United States and its grantees. The counterclaim repeats some of the allegations in regard to the width of the right of way and defendants' adverse possession of the land outside of the feet on.
Plaintiff demurred to the second and third defenses and to the counterclaim. The demurrer was sustained. The case was subsequently tried on the issues made by the complaint and the first answer thereto. At the trial, the defendants objected to any testimony's being introduced, and moved to dismiss the complaint on the ground that no right of way was granted to plaintiff "at the place in dispute," or no grant of right of way in excess of feet on either side of the center line of plaintiff's track, Untitled - Pacific 231 (2) - Xochipilli (CDr).
The objection was overruled, and defendants excepted. That defendants withhold possession of the lands from plaintiff. Judgment of nonsuit was moved on the grounds stated in the motion to dismiss; Untitled - Pacific 231 (2) - Xochipilli (CDr) judgment for defendants.
Both motions were denied, and plaintiff was adjudged owner in fee of the lands, and that defendants had no right, title, or interest therein. Judgment was entered accordingly. The judgment was reversed by the supreme court of the state. The supreme court decide that the Kansas Pacific became vested by the Acts of and13 Stat.
The court rested this conclusion on Stuart v. It hence decided that. And the supreme court also decided that the district court, in sustaining the demurrer to the second defense, which pleaded the statute of limitations, followed the decision of this Court, and cited Kindred v. Smith, U. Ely, U. Townsend, U. The cited cases express the principle that a judgment, though not erroneous when rendered, may become so by a subsequent law. Or, if an event occurs after an appeal which makes it impossible for the appellate court to enforce its decision, the case will be dismissed.
United States v. Glover, U. Express Co. Two of the members of the Court dissented and expressed the view that, as the judgment of the lower court was "in strict conformity with the decisions of the Supreme Court of the United States, and therefore when rendered was not erroneous," it was the duty of the court to affirm it. In deciding that the Act of June 24th was controlling, the Supreme Court of Colorado necessarily gave retrospective operation to the act.
This was error. Laramie Stock Yards Co. It was contended in that case that the grant of the right of way was only a grant of the right to use, and that, whenever and if not so used, or for any reason became forfeited, it would revert to the grantor. It was recognized that, to enforce the forfeiture and convey the right which had reverted, some act of the United Untitled - Pacific 231 (2) - Xochipilli (CDr) was necessary. This condition, it was contended, was satisfied by the Act of June 24th, enacted, it was further contended, under the power reserved to Congress by the Acts of andto alter or amend the charters of the companies.
We rejected the contention, and we said, besides, that, even if the act be so regarded, its effect was to be determined by the time it was intended to operate, whether retrospectively or prospectively. What we said is applicable here. It is contended here that the. And it is further contended that no act was necessary upon the part of the United States to work the forfeiture or reinvest the United States with complete title to the land granted.
The bearing of the first contention we shall presently consider; the other has no foundation in the granting acts nor in the decisions interpreting them, some of which are cited above.
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