New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-30
ANOTHER RAILROAD WAR.
THE ERIE RAILWAY co. AGAINST THE LAKE
SHORE AND MICHIGAN SOUTHERN RAILROAD
co, the NEw-YoRK CENTRAL AND HUDSON
RIVER RAILROAD co.

In 1851, the New-York Central Railroad, hav-
ono tbeir terminus AZ Buffalo, commenced TO build aroad
nom that city the Pennsylvania state Line, distance
n abou 70 miles tho road to be Of the same gauge az the
Central four feet eight and half inches. Prior to that
tins they had no connection by rail with Chicago or the
other aroat Western cities, and the traffic was largely
dependent upon steamers navigating Lake Ere Ms
Lake Erie was closed with ice for four or five months
every year. aud tho traffic was constantly ncreashe'
tie necessity rail communication became apparent
The road 10 be known as Bunalo ana e'a'c io
Railroad Company.
About the same time the Erie road then having
terminus at Dunkirk also commenced 20 bmld r~ =,
the PcRnsy laauia State Line 80 miles distant
be of tho same gauge6 foeO as the Erie ROAD ~ po
called the Dunkirk and State Line Rairoa", A"o '"o
aaa a. suYveved would run within short distance OF
each other and both woud terminate o, l'' DC .no avs
of Penney lvania at that time prohiheu INC
Of road beyond that city, which s"o'" ue vi u'"o,e'
gauge than four feet ten inches S"o INC inS' 0p'o
ths time the amount of goods or passengers c"rreu ny
the two con,nanies not more than could be easily
earscd nv one road and both the Central and Erie
ads were cHmped for funds to build their roads to the
stat Line they consolidated and abandoned the building
of Gne DunkTk and State Line Road and concentrated
their 81 ITS upon the road running from Buffalo. The
proposition consolidate from the Central people
and contract drawn mp between the roads putting
them upon an equality and o0lgng both to change cars
by TIE Erie people that the gauge Of the road should
be different from that of the Central Road as 10 give
them undue advantage in running their through
TO Che CITY OF Erie where they both were obliged by
70 change. Tie contract signed the 18th day of
April 1851 and il agreed that the remedy, i'm case
there any violation q its terms should he by nunc-
ton other specific relief Aterward IN september
lse the Erie Compa at the request OF me vaIloas cor
Michigan southern Company consented to connect with
the state Line Road az Buffalo, instead Of ppnkT T. an,
Tho Eue Company claims that the Lake shore ana
Michigan Southern Road has f0 long time past P P%er
Roads and hat the State Line Road has constantly VIC
lated tie contract That the latter road has altered he
gauge accommodate the cars Of the Central ana that
passengers and ire ght carried through from TINS CITY
10 Chicago without change OF cars That me MesteIn
roads named have allowed receivers 10 sen lcheIs hor
points further east than Buffalo, and that they are using
through tickets over the Central Road in preference TO
the Erie that they deprived of fair share Of
being sent the Central Road. That the Michigan
Road has pnrpoSey ailahsea 1ne rug 1in II ~ i
train arrives Buffalo at m, which Is an iuconve-
nent hour Tor passengers desiring go the Erie
Road to change ears, while remaining IN the cas they
are carried the Central Road to Rochester when they
change some two hours later That by some secret
tending to take freight Of the same rate for both the
Central and Erie by drawbacks rebates and allowances
reduce il to the former road while refusing any re-
into the Central depot instead of the Erie depot
For these alleged violations OF the contract the Erie
got order from Judge Barnard TO show cause why an
injunction should not be granted TO restrain them nom
doing the various acts in violation OF the contract,
cited above. The order to show cause was made return
able at 10 a. ~ yesterday at which hour the persons to
Mr. r G. sheaTman appeared for the Eric Company and
Ex-senator booisle, Ex-Judgo Beach, and Mr.. S. F.
Farchd appeared Tor the Central and other roads in OPP
Mr. Dcolittle read an affidavit by Mr. Hiram F. Clark,
gan Southern Railway Company, extending from Buffalo
10 Chicago, ana trayersng portions OF SIX states; tlat
and Hudson River Railroad forms part OF through
lake Shore IS and Michigan Southern railway compa2
ny a consolidation into one corporation OF number
OF railroad companies that the operation Of the Lake
shore Line line for through freight and passengers
T Ssor T Of the COUNTRY St the Erie Railway Company
during several years past has treated the alleged con
binding force upon them That among other acts IN dero-
CATION OF the contract the Erie Company; IN 1865 ae
Way having broad gauge, like the Erie road, extending
from Salamanca n Y, to Dayton, Oho that the Erie
COMPANY aferard made contract with the Cincinnati
Hamilton, and Dayton Railroad Company, Whereby they
established through line OF UNIFORM gauge rom Jersey
City TO Cncnna that subsequently they effected an ar
rangement establishing through line 10 ST. Louis, com
freighs and passengers that the Erie Company and the
years made contracts wholly inconsistent with the
claims OF the Erie Company under the supposed contract
ing OF the injunction asked for to the extent OF many mil
lions Of dollars that the Lake shore Road is solvent and
taincd that the defendants are unprepared 10 present
their ease in opposition the apple alton account Of
magnitude interests Involved the great var
ETY. and number Of tacis ana circumstances neCessaIIg
material the large number of dispositions 10 be
procured persons residing great distance apart
and that Will require al least GO days TO make prepara
Nh Sidney T Fairclnd, Attorney for the Central and
Hudson River Railroad, then read an affidavit sworn to
by 9 ei, ERP EesGS o as S,oS " sl . m is the s
az for @ h2 S n S ss I f.a ea SSIPS 91dd
thn nnt ,esrs Railroad Companies, all Of which
thai he obi have Transmitted The defend
tbs action through about ea dHens acts Of Consolidation OF
ts rrt railroad epoT1ions Degonent further Gays IS
"a and believes Of tie present Director and Managers
pora,ors psre, said contract which were consolidated in the defend
ants Che books and paper Of sid original cor orat ON have r
Pacei ap laid aside and are widely scattered come
aftn The o Chicago and at Toledo, others at Ceye
Depancut further says that he has been informed and
believes tie plaintiff IN TINS action and its predecessor
the Nev-YOFk and Erie Railroad Company, have, in
great many instances, made contracts with other
ties which are inconsistent WIN ana IN violation OF the
provisions OF the contract which this action is
founded, and have for more than ten years past
Quoted their business in manner inconsistent with and
in violation of the provisions of said aforementioned
tract. DepOnent further says that in order TO prepare
20 show cause against Tie injunction asked for IN this ac-
ton viii be Necessary 10 examine the said books pa
H. lanfie. dining tic neri0d afCresaid and to show
TO The Court the evidence furnished by said books,
irpaTfon he denopats win need AZ least co days'
Time and therefore respectfully asks the Court for
order extending the time to show cause for the period
aforesaid.
Deponcnt further says that since said action was COM
meneed he has faithfully and diligently inquired TO
tal t' e vi si,. @ anu 10 procure te eNlhee,
show in this action, and has been unable TO do so
for want time; tas derOnent believes that he is
formed 10 the facts in laid action fully any
son connected with defendants, and that said defend
defense upon the merits ia said action.
DepOnen further say that the injunction asked
of road between Buffalo and the line Of the State of
Pcnnsy lyaa ia gauge which, since the making of the
contract which This action is founded has been aban
oned by managers OF roads In the West once using
1t and by the owners OF said SO miles OF road with
the knowledge aud assent OF the piamun IN mas ectoh
an order that The Of those Western roads might pass
sad miles Of road bringing business TO the PLAIN
similar saues Said injunction will compel about 10000
Erfaseis ANNUALLY to change cars at Buffalo IN TIE
about 100000 Of tnas OF nTon4iT 1T5m one car TO
sno ,h Ires 5Sr. vii compel another change OF
the state OF Penis wanna These changes will involve