'
12 ‘~ i FEDERAL nmrokmn. ’
to the petitioner in a condemnation proceeding in thus delaying action
until the succeeding term of the United States court. With the expe-
diency and imperfections of the law the court has nothing to do, except
in so far as such' matters may aid in a proper interpretation of the stat-
ute. Hard cases are the quicksands of the courts, andthe constant
temptation against which courts ought ever to guard is to make law to
meet hard cases, instead of declaring the law as they find it.
, 2. The next question, in its order, is: Can this court now proceed
to the appointment of commissioners, as provided by the state statute,
for the assessment of damages? The statute directs, in substance, that
where lands are sought to be appropriated by any railroad for public use,
and the parties cannot agree upon the proper compensation, such corpo-
ration may apply to the circuit court of the county where the land lies,
or the judge thereof in vacation, by petition setting forth certain speci-.
fied facts, ·praying the appointment of three commissioners or a jury to
assess the damages. Upon tiling the petition, a summons shall be is-
sued, giving such owner at least.10 days’ notice of the time when the
petition will be heard. Provision is also made. for notice by publication
to unknown and non-resident parties. The court, or judge in vacation,
on being satisBed that due notice of the pendency of the petition has
been given, shall appoint three commissioners, freeholders and residents
of the county where the land is situated, to assess the damages, who,
after viewing the property, shall forthwith return under oath such assess-
ment of damages to the clerk of the court. The clerk shall Ble such re-
port, and record the same, and thereupon such company shall pay the
clerk the amount of the assessment for the party in whose favor it is
made; and, on making such payment, it shall be lawful for such com-
pany to hold the interest in the property so appropriated for the uses
aforesaid, etc. It is then provided that upon the Bling of such report
the clerk of the court shall duly notify the party whose property is af-
fected of the Bling thereof; and the report of said commissioners may be
reviewed by the court in which the proceedings are had, on written ex-
ceptions Bled by either party in the clerk’s office within 10 days after
the service of the notice aforesaid; and the court shall make such order
therein as right and justice may require, and may order a new appraise-»
ment upon good cause shown. Such new appraisement, at the request
of either party, shall be by ajury, under the supervision of the court,
as in ordinary cases of inquiry of damages; such proceedings, however,
not to affect the right of the company to enter upon the land, it having
paid the original assessment, but only the amount of compensation to
be allowed. · What} has been said respecting remanding the cause is quite
, applicable to this motion. Judge Dillon, in his work on Removal of U
Causes, (page 71,) says: T
 ‘fThe jurisdiction of the circuit. court does not properly attach until the ree- V,
ord of the state court is entered therein. if it be entered before the time, it
.has been made a question whether it will then attach. For some purposes it
would seem that it might; as, for example, if it became necessary meanwhile ·
to issue an injunction, or appoint a receiver, (which should be done, however,