“ The burden was on the railway companies to overcome the presumption attending the legislative determination, and this they failed to do; for, under the evidence produced, it is an entirely admissible view that the railway property will be substantially benefited by the road improvement and that the benefits are fairly assessed as between that property and the farm lands and town lots. True, the amount of benefits which will accrue to the railway property is largely a matter of forecast and estimate ”

“ The increased traffic will not be carried from one end of the railway to the other, but only from De Queen to Kansas City. The railway property within the district includes much more than the 2 miles of main track. Doubtless, the increased traffic will in a way benefit the railway as a whole; but the traffic will be appurtenant to the portion of the railway at De Queen, and will specially enhance the importance and value of the property there as a part of the line. ”

“ To justify an assessment of benefits to particular lands it is not essential that the benefits be direct or immediate. Valley Farms Co. v. Westchester County, supra. But it is essential that they have a better basis than mere speculation or conjecture. Kansas City Southern Ry. Co. v. Road Improvement District No. 3, supra. In the case of railway property they may consist of gains from increased traffic reasonably expected to result from the improvement. Thomas v. Kansas City Southern Ry. ”

“ As the constitutional validity of the special confirmatory act was directly challenged in the state courts, and sustained by them, the case is properly here on the writ of error; so the petition for certiorari will be denied. ”