The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-06-30
TIE ERlE S3,OOO,OOO WAR.
A DAWsUTT IN BEHALF OF 100000
HALLWAY PAssENGERS.

A Referee 10 be Appointed To-day-Alie-
cations Of Violation OF Contrnct-How
1O,O0O,OOO Tons Of Freight may be De-
disqualification to n Partial Injunction.
The suit by the Erie Railway Company against
the Lake shore md kicihenh sod,hcth Railroad
Company aud tue New York Central and
Hudson RYef Rilroad COMPANY commenced
On the 1Gth Instant for al Injunction add' for.
s30O6,0c0 damages, for fhe alleged violation OF
Of a contract, was before Judge Barnard yester
day upon an order to show why the defendants
should noube restrained IRON running through cars
.why the lake Shore road should not be prohibited
from running on narrow gauee from Budslo to
the state line Of PepnsySans, from selling through
tickets on tile Central and from refusing TO give the
Erie equal facilities with other roads, Tile p1ain,ih
was represented by Messrs. shearhah and Sterling,
and the defendants by Messrs. Beach Of Troy 8.
r. Fairchild OF Albany, and Mr.. tanhins Of Btfalo.
The motion was made upon the complaint and the
dffbavis Of Icnjsmin, W. Blanchard, 8. D. csd
web, Henry G. Fisk, n. y. Otis. and WIN. \. Barr
-. The complaint details tho manner in which, BY
laws Of this and other States. Che copahies IN ti-
oHfefsSLEt cHtarkasb,
md at different times thereafter consolidated. II
soos recie the interests involved in such con.
solldaions, and specially why in April, 1901, an
agreement was entered into between the Rrie. the
Buf,aio and State line the Dunkirk and State Line,
and the Buffalo and Rochester Rsilroad Companies.
1t SHOWS how the Erie Company, at the request OF
all the various corporations since consolidated into
the Lake Shore and Michippu Southern Company,
consented 10 connect with the Buaio aid State line
at Bufhle instead OF Dunkirk; how the Lake Shore
and Michigan now acts, and has for long time past
acted, ENTIRELY IN the interest OF the New York Cen
particulars violated the contract made with tie Erie
Bow the BunAo asd Stste Line Company altered the
ss Of s line to sS the ceS willie the ,I ls
stock basis 10 suit connection with the Central
IN psieIence to Erie; bow agents Of the Lake Shore
HAVE USED THEIR NrLuuScs
in soliciting custom to the Central and Hudson
River, 20 the pfejudce Of the pianus, and have
compel pessongors 10 come East by the Central
how, while pretending 10 take freight rom the Cen
Rrie they in fact reduce soch rates in svor OF the
CentrnI by drawbacks, rebates, snd allowances
how The managers Of the Lake Shore sad Southern,
while pretcnding, refnee 10 run amy trains into the
Lake Shore and Michigan depot nc BuGalo though
that depat and the depos Of all the defendants
hry into tie depot Of the Central; how, from
these oausea irhmense au,ount Of freight and pas
Erie 20 tkoee Of its rivals. the other deiendants,
thereby dsprlsips the plaintiff o. profits to the
smount OF
xors rHAs 100000.
And the complaint concludes with the sta,emept
hst u weud be hnpo.sblo 70 esiculstc In detail tho
upslpot OF damage incurred, and stII incHYing
fesdants are praeteans esSned together and acting
In concert TO run their limos In opposition 70 the
Of he oher. and sash potoriansN p,aSpS ,nto tSe
Others hands. The relief sought for u Judgment
fei sSoooOoo, an injunction restrainiag the Lake
stock on e gc eG into sSe aspo 81 ,Ss
and Hudson. River, and an Injunction on the n4inie
and the boundary line OF the State Of Pennsylvania
9be Court is additionally asked TO order the Lake
Shore and Michigan southern
TO cosFoRx TIE GAUGE
OF the line TO the four feet ten inches required By the
eolirac, TO abstain from selling tickets or convey
Ing freight 10 point east o.Bufo. and TO other
Sss t Se anS ssa
the defendants applied for apostponement Of the
apOliestion for sixty days 90 the ground that they
shorter period. IN support OF the application
AFFIDAVIT by Horace 4; Clark was read, stating thh
Southern Railway Company, extending from Bnffhlo
TO CHICAGO. and traversng portions OF six States;
Central and Tadson River Raroads n forms part
OF through railroad nom Chicago 20 the Atlantic
cites that the Lake Shore and MICHIGAN Southern
Railway Company is q consolidation into
The operation OF the Lake Shore line as one line for
matter OF the common history Of the country that
the Erie Railway Company during several year past
has treated tho alleged contract mentioned In the
As oBsoAEra AxD OF NO pNDISG FoRcs
uppn them tint smonE othar acts in derosation OF
tht eoserie, tho hic Company IN iss gsgnrsd
haS ing broad gauge like the brie road, extending
from Salamanca. y. y. 70 Dayton, Ohio; that the
| CihcinDati Hamiltco aad DsytoE Riirosd Com
| pany, WHEREBY they established thruueh Hne Of
ssssGaensS hey sa,sd an establish .
ing through line 10 ST. louis, eomneti9g with the
se saSFS ,s G S &c s Es OF ss
roads consolidated into the Lake Shore hne durIug
! ssssfIA years, made
/ cowrHkcrs wHopBY fTceSsnvpsr
With tho claims o. tie Erie Company under the sup
psed co.trse. Pr issa; hsi Inc Pablie would
Tsn asked Tor 10 me extent Of nasy aii,ions Q.
IDLY able to nay any dsmsess which de pSiniif lbs
| ststsiAed. that the Defendants ubprepared TO
account Of tfte nsyniude OF til. interests svoivcd
:$s:r .; Ssss &
residing At fre.t dissmcc spurt, and that IL will
require q hast sia,y dsyf g MAX. PTePsrs,,og:
raaifwsy read N, sn,Savif Of .HfiIsr puYrort made
b Mnsen; and Mr.. Sidney r. fsirehbs. represent
st FOR ten Years pSss The Ee q co%p any Ind S NAM
aged its business IN mahper Inconsistent with tire
cbntraet referred to that the injunction asked for
! coxrsL THE RESTORATION
I Of about ninety miles OF road between Buffalo and
the line Of 7 snnsyivanL, II gauge Which
/
| abandoned by tire managers OF the roads In
the West once using It, In order t1at the
| cars of the Western roads might pass over, bring
ibg business to tie plaintiffs and others and pass
| through over other roals haviag similar gauge
| that tie Injunction will compel 100000 passea gers
annually 10 Change ~, Buffalo in the night time
compel change NJ Buffalo Of about
| 10000 900 TONS oY PROXIMITY
rom ono another every year that II will eera
pei another ehanGc OF all there passengers and OF a
this property Mt the line OF the State OF Pcnnsyl
vania and That the changes will involve delay in tlG
transportation OF PASSENGERS aud proporty, and ou
expense to the public much greater than all tho da H
ages that tire plaintiff may sustain, and will give
| benent TO the plaintiff so long as 10 insists upon
using exceptional gauge fol il road and refuses
to adopt the common Vnuge OF the cosntry, bat will
insure the benefit Of the Pennsylvania and Baltimore
| and Ohio roads.
| Mr.. shearman willing 10 grant a postpone
ment on condition that a referee be appointed TO
| tIke testimony and that 4 temporary Injunction be
| granted in tho meantime. lilo cla,mGl. however,
| that the
| PLAINTIFF WAS CLEARLY ENTITLED
\ IN fn. tI,a