“ For 25 years the Lake Erie & Western Railroad Company maintained and operated on its right of way at Elliott, Ill., a side track passing a grain elevator and coal yard operated by one Cameron. The elevator stood partly on the right of way and partly on ground owned by Cameron, his occupancy of the former being under a lease. In May, 1915, the elevator was destroyed by fire, whereupon the company exercised a reserved option to cancel the lease and also took up the side track. ”

“ Such an order, being legislative in its nature and made by an instrumentality of the state, is a state law within the meaning of the Constitution of the United States and the laws of Congress regulating our jurisdiction. ”

“ Under the laws of the state the side track before its removal, although used principally in moving freight from and to Cameron's elevator and coal yard, was open to use by the public and subject to public control like other parts of the company's road; in other words, it was a track which the state impressed with a public character. Truesdale v. Grape Sugar Co., 101 Ill. 561, 567; Chicago Dock & Canal Co. v. Garrity, 115 Ill. 155, 167, 171, 3 N. E. 448; Chicago & Alton R. R. Co. v. Suffern, 129 Ill. ”