New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-27

New Orleans cent Bonds .............. 1892 %
Phi, and Reading RI. y Mt. Bonds. 81 n 30
Psna.ylvans csnal Railroad CENTS 1880 se .So
New. Y ols and and Ere , cent Convertible 1862 s "
New y orr Ene = cent Convertible. 1871 81 %
Mchilsn Central z cent Bonds ~. ls59 iel 9lo5
Illinois Central r. R. 1875 eiO5
The Turkish question still a incubus the fnan
cal market but the impression strong in The CONNER
cal circles that there would be no war.
We noticed few days since the de ,ision Of Judge Nor
ria in the case Of the Northern Indiana Railroad Company
rs the Illinois Central Railroad Company which decision
was adverse to the latter Company We give here the
full report of the decision, with the agreement entered
into by the defendants counsel;
COOK COUNTY CIRCUIT COURT
Central ilailroad Company.
This cause comes before on bill OF complaint answer
snd affidavit both sides and motion IS made for
IN injunction against the defendants to restrain them from
ruunrg thor permitting any other company tO
run cars the compliments railroad founded upon
this ate ct facts wit That the complainant construct
I'd ~ road aud thereafter the defendants located aud con
u,t.d their track running It across that the complain
MS an tie same lew cutting the com d .inaut trae and
utfus down The GALE crossing frogs without the assent
az The cDnp.iLans aud against %, repeated protests
In the defendants charter nth secton il is declared
that IL the pates cannot agree upon the amount of dam
age tor the ht Of way such track and tho points
snd manner Of crossing the shall bs submitted TO
three 10 ba chosen by each party and
the two Ia select the third and if they cannot agree upon
such third man. the Judge Of the District Court Of the
United States for this District shall select the sams-ths
decision If this Board TO be- final The compliments Of
tate with the defendants ana settle aid
ter or select commissioners pursuance Of the section Of
law aforesaid which proposition the defendants refused
and took forcibs possession and constructed their track
across the complsnants track aforesaid.
The bill alleges that COM lNnant became body cOrpo
rate prior tie I'd December 1850 In the manner pre-.
scred by the act for general system Of Railroad Incor
rorai0ns proved 9Th November 1870 setting the
i.cis which made the complainant corporation
Fret The answer Of the defendants admits the facts
alleged ia tie bill but denies that the complainant became
crporaron til June IT, 752 subsequent to the consrac
ton Of both roads
Secondly They say if the c0mp ,inant came corpo.
ration alleged yet the Legislature by said statute re-
Itself to indicate the route and termn.
alton Of roads and the shall not be Constructed
oT commenced without the expressed sanction of the Leg
"iature Of this State by law 70 be passed hereafter
and the location and construction OF the compainans
road without the sanction" Of the Legislature till June
d. -52 Illegal and void; and gave the complainant
no rights tho and In question against superior
10 hat al the def nGans
Thirdly Ihst the complainants had authority 10
purchase and hold real estate right OF way till
uneIo 1852 either by itself by any person for its use
aIdthst the purchase OF the right Of way by Mr. Jadd
us own with money Of the complainant and for the
comp sinants toe 18th July lsjl Illegal and
void as 10 the complainant
These three objections propositions will be now con.
sidered for If they are true here ends the case.
The first and second sections OF the General Railroad
Act declares that any number u persons less than 25
Lepg subscribers 20 the stock OF any cODsm 4ed rail.
road may b. formed into corporation for the purposes
"0f constructing, owning and maintaining such road by
the following requirements which ID substance that
hen OOO tor every mile oil SAld ROAD good
faith ten per cent thereon paid in then the
subscribers may elect directors and subscribe articles Of IA
ISOLATION which shall set forth the OF the corporation
ana persons elected directors with other articles not
ara 10 n0iicrl which articles Of association should be-
fled in The office Of the Secretary Of State with the ada
VT Of three the directors that the Of stock re-
guired above subscribed and ten per cent paid in
And the fourth section declares when said articles and
affidavit shall be fled Aforesaid the subscribers and their
-ha BE- body polite and corporate by the
name stated and shall be capable Of suing AMI being sued
have common seal, &c, and b. capable in law Of
purchasing holding and conveying any real estate
"sld p-rsOua property whatever for the
sUctop Of such and for the erection Of all build.
"gs yards and appurt for the Of tbs same"
The Section Of Act then proceeds amOs2
other thing that every such corporation shall possess
power 70 surveys 70 10 made for the proposed road
and lands for that purpose, to receive hold
and take such voluntary grants and donations Of real and
psC nal estate shall madetO T. 20 aid 10 the cOnstruc-
'uOn. and acc0mno dalton II such road Add
aO upon and take possession Of and hold and
al uch lands and real estate and personal property
be necessary for the construction and Of is
railroad station depot &c necessary 10 accomplish the
objects or which the corporation Is erected also % lay
out is road not eIceeoir rods wide and construct
the with such other general would enable
the CON pany build its road pave and except the power
20 force ts way land by condemnation and appropra
too against those who should refuse 10 give sell the
right Of way. This right power withheld until the
legislature petition &c declared the road Of sufficient
public utility 10 authorize the taking Of private property
tor that purpose decided by the Supreme Court Of
this state - lis L. l. Gill water, Mississippi and
Atlantic T. K Co.
The U Of complaint sets out fully all the facts by which
the psrant became Corporation by the filing Of
ces Il with the affidavit annexed N the Office
tie Secretary Of STATE copies of which made
part Of the ball showing that complainant had complied
With the st2tuieal which the defendants admitted ia the
ver vet cenied hat the complainant Corpora
ton.
HE eomulanants also sledged Il did in June lsIi .ur
vey and locate said al and On the lJh Of aly lJ Mr.
Judd purchased 10 hs own name Dat Nth tie money II
tie paIniif and r ;hs II the plaintiff the rgni %
way The srd Ia question lOm the owners in lee n
pie That 10 October o. sane year. ldati took posses
be- TIE grading Of said road About tae zJln
February i-s2 tie road ini.hed add cars beea