Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-02-09

| winch occurred the same year, efforts for a
| settlement were earnestly renewed, by Hon.
| George MOrey, his successor in thp . csiden-
| cy of the road, but without success. Mr..
! Morey's health also failed, and after the cleo
! ton OF Il new board Of directors, the present
| president was elected, and renewed efforts
/ We're Immediately made by the Worcester
| road for a settlement by proposing ga refer
ence of all matters in dispute to three compe-
tent arbitrators." This was declined, but the
Western subsequently requested some specific
propositions, which request was promptly re-
sponded to, as follows, under date of Feb. IL,
1857.
''Fjyst, to divide all joint receipts pro rata
per mile, to and from all joint points. Each
corporation to charge cost for depot charges.
This lcas declined.
The Boston and Worcester road then pro-
posed:
Second, to refer all questions in dispute be-
tween the two corporations to three men, to
be appointed Jy the 3NdgeS Of tile SuDyeHze
court RMS lpas declined.
On the 18th Of February the following COM
promise propositions were made by the Wor-
cester road, viz:
'To divide pro rata per mile, to and from
all Joint points beyond Springfield. SPRING
field and all joint points this side of SPRING
lis ,,ra,ortion re an ;o;r+ od,.. ,,9J - --N
twenty cents nor tom nm frni,bt far d|,s9.
clor,ros ), J,Ii ,,,,. ,,7,,. 7.a1t,,oJ ~ P''
IN tho 18Th and ION ~ tbo sa,,o ,,,o.,.,
the f,loyino nronosaIs ne n ,,,,,r
made
49,.
'|$'' 10 ulF!ue pro rata per lhhe, TO ana
HoI" Hh Jo'nt points Deyohu CleSter FACTORY,
"'u an Poi"'e TINS sue VI CheSter factory;
~. COZ '"'loii W hhu ls proportion OF all
JOii' c"rs' anu cilI &c twenty Genus per Ton on
lrelgH' ior oep0t charges
otC0"@' eaCh corporation 10 ma It's pro-
per ton on Freight for denot CHARGES. divide
pro rata per mile 10 and from All ioint noints
and the Boston and Worcester railroad COR
poration to nan the Western cornoration a
bonus of one Housand dollars ,,ey month";"
But all of these pronositions were declined
The Boston and Worcester road then nro-
posed u general co0 feyeoce of all tba dirar.
tors of both roads. Inn This the Ifesto,D l7so
declined. On the 25tb of February. 1S57 rho
Boston and Worcester cornorat;on nronosod to
the Western to refer all questions in dIsnutc
now or within three wears To TWO o7;,octol., ~
the Western road and o0e director of tho Re-
ton-and Worcester. viz. Charles Uudsnp o,,d
Ignatius Sargent. Esors.. of the Western
and Daniel Denny. ESD. of the Roston and
Worcester. whose decisions sbouId he hind
ing on both corDorations for tbrcc voars from,
June |, 1856. to June /. 1859 This nrono-
sition was not acceeded 10 bnt if resuIted i,
the adoption of resolve nv tbe dirontors If
the Western road antboriziHg committee ~
the directors to accent any tariff If rates for
freight and passengers over the Roston and
Worcester road. which should be satisfactory.
and in case the rntes ofereJ nv tho RostI,.n
then to apply in the name of fine cornorafion
to the supreme judicial court for the appoint-
ment of commissioners to determine on ,yhat
terms The Boston and Worqgstgr naillgy,si
corporation shdh perform the business on tile
western hallroau corporation as PROVIDED Ior
ny cI'pter ~ oi the statutes Oh 1880
IN accordance WIN tue iotHt request Oh the
two corporations application was MADE to the
supreme court IN August, 1901, ana a com
mission was appointed consisting OF Messrs.
>. w. BROOKS, Isaac Hlnckley and Waldo
Higglnson, who, alter full hearing of the
several allegations, proofs, and arguments,
and having duly considered the same, made
an award; but this not proving satisfactory to
the Western road, the directors next applied
to the supreme court to set it aside After a
long and patient examination of the case, the
full bench Gudge Hoar only being absent, by
reason Of his interest in one OF the roads,
''0ceePted, uBilD,ed md established" the deci-
sion Of the commissioners, except so much as
relates to the settlement Of past accounts, and
ordered that judgmentto this effect be en-
tered upon the records.
But even this decision did not satisfy the
Western road and it next proceeds. in
March 1860. to memorable the legislature
for redress. In self-detence the Boston and
Worcester road was eompelled TO mt in n
counter memorial. which they did on the 9th
of March. protesting against any legislative
action upon the subject. s.untilt they could pre-
sent for the examination and consideration of
the members of the legislature. as well as the |
people of the commonwealth, a statement of |
what thew believed to be the true working and
result of the award made by the commission
ers Of the supreme court. and the measures
which have been taken by the managers of
the Boston and Worcester railroad TO effect
a satisfactory adjustment of all ouestions in
dispute with the Western railroad. that tho
legislature and public NAV Judge and act in
teigently upon the subject
While the subject was thus pending in the
legislature, doubtless with view to prejudice
that body against the Worcester Rail-
road by creating the impression that the terms
of the award. were especially hard upon the
Western. The president of the Western
road proposed to pay the Worcester the sum of
twenty-five thousand dollars upon condition
that the award should be given up, and three
dsintcrested persons should be appointed to
decide how all past accounts Cumming back
for tbrna .vaarsN Sbould hn sattlad I'm to Nov