New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-11-22
NETWORK DAILY TRIBUNE SATURDAY. NOVEMBER g. 1862.

could aso peyhSps Jov fcs three yedvs or
svsn more chile The sale u declared to be good one
opponsnn at Gls heir bill Of redemption G9ainH 10 to
take Ms road from $lsOo 900 l. for hardly know
which horn Of tho dilemma choose either IL bad enough
for our bond have thus shown where sale
has Left u.s. To everything ia connection
with Il is In ineIicable confusion in which have
strong ground stand upon and which nothing certain
bat endless litigation.
THE FRANCHISES.
On the subject Of the franchises, though Of the most para
p,onnt mpor,snce to u.s. shall have only few brief words
TO for tho reason that there has not been much light
thrown on the point from any quarter though what little
there makes strongly against u.s. o. usuaitn TINS "hoe mat
ter To all the opinions delivered by Judge Miller In the
course of this litigation he has he'd that the franchises vested
first In the Fis. Mortgage the Eastern Division 'na' oe
the first incumbGnce that mortgsged hem he also seems "
hold that the franchise cannot be broken or In othef
that the right trains for traffic and travel over s
rhl. road from Milwaukee to La Crosse cannot be Inter
fred with This has also jus. been so decided oy Judge
prummond In the United States Court In Illinois in the case
Of the Peoria Oquswka Railroad, when part OF tho Road
had been sold under foreclosure Now If 1t be decided that
tho Eastern Division has the right to run trains Tor trac ana
travel over the Lard Grant Division or fha' he "e""
Dron can only be ussd IN connection rim or az Gt'v
10 tie Eastern Drsion 6us presrsdg NE Hoda ana J'a"
ehs entire do NOT hot0 ereJorm an nefpe"de
pasy road 10 be under our o1" con
syol phen another company ha' the rf9'i to ~" az many
trains they eco'e imply paying =" 'sa''"o'
toll!
Judge Miller does not 20 fix even th III MS ph'e"
opinion lust pub,hed but inimate that he may leave We
be prreaassr to our legal nst.-tbst a. 70 ttH them bg
lana Lfo,ff t,A the Easfsn Dri,ionand this. taken IA
connection sh The defamation OF the parties controhngihe
quits on the Eastern Division thu. they mean to contest the
right Of consolidating with any other road by when inc
traffic or travel may be diverted from the La Crosse Road "A
c.siny very those who, Ike myself are seek
tnr for tho termination Of our lessl troubles
The result ,s Of all ths, hs. been done aud Of al Aa we
.ro s.ekin. to DO, amounts to Just this;
Fiat: We are to be united in one corporstion with Tie
Milwaukee and Western Road company deeply Involved 10
litigation Off. own sud securities no, to be made any
nio.e marketable by the union.
Soo,d We have sold our Rosd ster long litigation, !or
greatly inadequate price, and find at this very made
qvste price tbs, our opponents have right OF redemption
over and that II we succeed IA establishing the Legality Of
CUR confirm aon y. only DO !-t them tex. from n
Third II our sse IL declared to be Illegal b. The prcme
Court We .hs have our proceeding, anew ana
Il may take IA. two or three year. before se; so for IS sale
sssin!
Fourth There can he no exclusive franchise vested in US
and We shall no. be IN the independent; possession Of tho
Road but the CORPORATION the Eastern Division usy run
traffic or travel trains often as they choose
Fh. None Of poin,a TO be conceded TO ne by
our opponents but everything to be cOne't-ds at the cost
Of .e,pinsly endle,s hisssionl
H. then my views correct and have en1eavored inY'
In no other spirit than elicit the exact TRUTH II follows
tia. ha. Ia way helped and ihst our eon'oda
tio the Milwaukee and Western Road be in no way
TO U.s. What course them remains Clearly but
one thing Wsp.u enGsoror make s,fsmeni 7' re
Fa,,en Dri, and let tie Road vedH az t-a' originally
built am told this be done much more easily than
At any period since the commencement OF the us"ion'
The parties engaged in suits the Eastern Division have
settled all their dfcues and concentrate In tAeH
hands the influence Of interest aid HoFtsage on TIC
Road except the Land Granta TO hi' seaesifHi. ten
ii cove at lat and he recognize me gae' ne
,,, ,, i,,, 7a.fon eers. and or Be Jiae,d OF
,oi.d foundation LAND GRANT BosDHoLDER
Nesc- York Nov &c, 1882