New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-03
We annex in fou the opinion Of Judge

-. u.s, ,,-.ioht with thoSe interested IN the re-
s,,, - The legal proceedings nov psAdins. The
onip,oo is an able one, aaf the p1sti0As g JUICE
Thomson appear 10 be inpresnaole;
THE NORTHERN ISDiANA RaiLAoAo C'a-
Tn 1sss. the Buffalo and Mississippi Railfoli Con-
,anv was INCORPORATED D. the egsi sure 81 Imam
ard an 1887 the DaGe Otto corporation wts en- sn5sd
by Law the Northern Indiana Riilfo I'd clnp t"y.
Bv the original charter, IS amended IN 1880 " s" is
authorized 10 construct railroad across te h'l.i-
ern end of tho state, n general ere oa 10 -
leoo 10 CHICAGO and b. tle . % ls6 Fa5 t-f-bh
authorized ~ build b! nch road - run 10 u ~
main liae, at Michigan CITY. Lfp)r'e, sol'h oshu'
or Goshen, 10 Lafayette. aAi thence 10 the "o.tiS
Of the STATE, III the cIectloa Of ST h7ils' II 'iS
State Of Missouri
Byihe oreinal and amenda.ofy acts liberal pr>-
visions were made - secure the roads Oi thS IN
paDy from Interference from DINER COZ ',i@'tD..',
aud an exclusive privilege as - t1eif AIN me anu
also for term OF gears, as 10 me Drahcn iotI' =
conferred upon the Company. me pfFAlS5ss .its
granted ty the SCate have always been Iestfie' oy
the Company AS furnishing an lnaaceheht ISi VIC
juves; uent Of their capital, ald guarantee YAK
the state would not permit t1e Talue OF ne me-
uept 10 oe hszNcea BY the constru toA o. p --'S-
roads RELYING upon these prOyisoos la thsiF cil--
ter ard aIcpno mems, the Company ms e'9;eedel
to construct the road, which IS nov ~ rT hllshei,
and WILL in a few weeks, oe ~ oPei auon rom vi" l.
ig9n 20 The Illinois STATE Inc.
The Michigan Central Railroad COMPANY, 10 ;oto).
rated by tie state Of Mlcasao. wing % ~ IN OPT
ration from Detroit 10 Michigan Cry, pDiici = tls
LEGISLATURE OF inci1na, AZ itN ~ 'Afh' ~ |7s
ton, signed BY thes SuPeuateneent for the plssl2e
of a law by aud under WINCH IL Bui0 sXiCn1 is
road 10 the Illinois line IN ,ae rccti0n OF ChclSp
This application failed of Fuccess and subsequently
that Company made contract wishthe Ne~-Aloany
and Salem Rail'Oad Company, uncef "nch u II IS
right 10 extend is road RON Michigan ely 70 tie
Illinois Inc This rJat, ifDulls would pc for aoo ~
faItv miles. nearly parallel Eih the rOi.e OF t3e
Northern Indiana Railroad Comp ~, which later
Company denies entirely the iesa riga, OF The Ne y
Alb H. AID Salem Company, ana 81 mo ht-n is-n
=. 81 t.
buic any such road
Tie Michigan Cch'rI Company, having com
mtnced he construction u NE road. a. applcAnoa
vas made BY the Nor,bcTa lndilra 'Afoid
Company - the proper Conris n lnN31a FOR
an Injunction, winch y IS granted, promoting tle
I continuance q he work. An appeal ron t19 II
junction vas taken 10 the SI1fe DC Count OF the
STATE and ihe operation Of he l1Jnacl)n, uniefta
practice Of the Courts al that State, is susD)atGd,
Z anil .he beaIlng ~ The Supreme Court. m)t)n
lsrpr1sug 30 Glsui:e the appeal u Oh ne gf0uH1 81
al eyed lTrcgula-ity; oul us decision viii merely
settle point Of practice, ana cannot a15st the
, substantial questions IN the r. iss. Inc Only
dccls.u q made by ans c0Ir. ia Indiana u1)l the
n hts Of the peclyo Conqaoios, was ne order
OF The Circuit Je-se, srantagin Injunction, ali
hs f'J1tC Icnl frtIsti ~ monty 4, Nhtl &)plel -
'or that purpose hr the deieudants. II "a upln IN
appeal from these orders that The cause IS no y be-
fore the Supreme Court Of Indiana, AID is rs yet
Undetermined.
FREQUENT mq0,ies ave been made BY slocsho,3-
eys aha ctagr IA ps interested, "a the legal UPtS
Of the respective companies - construct and maiG
tan railroad from Michigan Ciy in q westerly
direction, toward Chicago. In "a ',oas be-
long 20 Inc courts, 0ud there only a DC flaly de-
teyuned IN The mean time, aud uni a decision Is
made y is dc 3ned proper for the Information Of paI
ties interested 10 publish the opinion OF the Hon.
GRsENE G. BR0NsoN, late Chief Justice of the Su-
pIcmc Cou and of the Court OF Appeals Of the STATE
OF Nex.NOgk, to whom these questions, and all the
charters and laHs OF Indiana bearing upon then
have been submitted.
twill be seen that Judge Bronson f4,iy stsiaiqs
ne claims Of me NorthsrH Indiana Railroad Company
to an eTcittsiUe night 10 construct and maintain
Railroad from Michigan City, around the head Of
Lske Michigan. toward Chicago; and holds that the
New-AibaDy and Salem Railroad Company have no
legal authority % construct Road ~ any point north
OF Charlottesville, (Which Is $50 miles south ri LAKE,
Micbgan aud he considers ltscains % "a right 10
make tailIoacS wherever they please, in the State
OF Indiana, most UNIV alranab,e preens0n, which
viii never be sanctioned by any court of justice"
Ncp-Ic5@ De-, l0Jl
The chaltes Of the Buffalo an1 Mississippi, and the
New-Aloany and salem Ralcoat C)mpal eS have Dsea
put INTO my hands ~ the former Company or the purpose
of obtaining my option upon certain questions toGcha5
the conl'c ING CLAIMS Of the two Companies.
The Bufl3 md Mississippi Railroai C11plny was in
corporaed by the legislature Of Indiana on the ak day
mGS @ end % 81 YqS Ss 70 eo 5s YORK
be c-mnehccd within hge years aud tie road wa - no
completed within twelve years from Us commencement.
But Al any part 81 me road should Dc competed Within
that time, all The rights ana piivesey of the Company
were 90 attach 20 The parl compe cd. lChmter S. l.
l3e Toe Charter has bees several timss amended by
the LEGISLATURE and onc Il the amendments. made in
NORTHERN INDIANA RAILROAD CoMrANH.' The Goa
s1uciion OF the road commenced some tins IA the
IT, Would cons,Gu,uty cTpiI a, ts coTesp5nIcq perod
ne 1872 by The i'st stesoA OF an sot approved
the time for commencing and comp sting one hai OF
ssid read he extended tie further time of five years.
and for comp ett the Other hf of sad road fnythor
tine OF ten ycarS. The word ComcoBCny" IN THIS sscy
ALREADY been commenced Ana hesa.s. n, he one hlt
OF tie road WAS 10 be 1oiod. We as commenced
wthn The iyey years and was impossible 10 iaish with
" Cln
way affect e,0nsiruc;is OF the law IL rain this
useless wCld, Cd can 90 neither GOOD "A. 4
may added VA the hitt s'coD @. tho a., OF FEBRUARY
O. 1919, which win be fatty noticed ho,eafte~ Toa-
deItd tAe tnar oil commencing wholly "a Kr.ps
BY wav Of furnishing cate from which orocton the en-
lsrsed tine ior completing gwen by the act OF Jaas2ry,
Before the Get Of January 1875 was passed The time for
ana me Ne time oI eompelus half OF Tho ROAD was
eAel 'eS % Saisrsed nye taIS-cs5Iyfg rs mo the
Time before grsnted Wbcn a s.yea tine is extended"
i've years., cag mean nothing les than nc addition II 50
iaany cars TO the given iime Bl tAs tnlas s. sable,
i,r .,c Th ~. ~ III -s--1s - o,Hs, "a,
allowed is e1io-ded " Jrilrr Irls OF ase wears
th1k po9sio deny 'hattms felg-ss tns "a ,ioR
o. nv, ss e Ao i aSs s,5sg so o Is eai.s 5 he
s.d lto a.cer laif q Tie road into the year 1850
q iAe faci OF eomnenc tine st,ucon q the road
lSl is brown ou' o v,W TIE rcsl twilte different TIE
original charter allows i've years fcr commencing. aud
800 Us Vose.i's ioF completing 'ho y a. na.las "a
February. ieis Then the i've oadaicnai ycars orcSn-
H41 iA..s tio t4e utl-r 1, we'd
hy n act a $50 vii cary IRE rovrc-'frs r1rns the
year 1851 nGlf 81 The Dad 1nl t O. y9r b f ne
ttiC- Lt.4 4 tle read
Aeaiu - hrg sAou'd he csia,sa b,vaal The .rss,ve
yeslS w en- hs oiis aa CHARTER a. owed fsrcpnqls ing
tue i tnt iie ou-ira'N stn i1y comp ellg expired
N tthhay itlI hut re farther te, granted - the
act ~ 1870 ciued tAs period IN comp ttic o. Fehfia-y
; tie u.hCrfait
insny WOW f,'' qucstic7 ., IS evssa tha. n. Con-.
lny IS 40" oi,cetd,rs viia The wor. w'h.a a.. tri-
sNtn ~ iac en- tf,tr, ts lt4 lurF would
te for tie STATE Indiana asd Tor ad beats OF "
IcIincns, Sstlt the sorlei. saoald there Re eas
>OfcNf Should part. U-l whole 81
completed wthn the enlarged time. ali Tie frais qaG
itNNNss ci lie Company NIL attach d fhc NJ, Goa.
sitrctSd IS fully though tie hole rnn .d sss e.
i9cd lne twenty section Of TIE erginsl cter o1
Ntts tAa' II Any Of sait T-al shs.. bs cl9etei "
W me No.esaii, iit ten, and in that case an to
isAts rryil gcs S-d here rs granted 9, sid C51aly ~
Nai 9c saa re eS'edsd 60 and invested IN sad c,-rr
s3 "a sa'. lall Of saia il AZ sla then be c3u,s!ee
Ii lie M