New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-01
NEW RAILROAD WAR

This case, reported in THE TRIBUNE OF
Thursday, came up yesterday morning for the senent
of the order adJournng the motion for ibjuncon
Judge Barnard said that owing the necessity OF pre-
pairing for the trial OF capital charge sber
dan) and attending TO arrearage the
General Term he had been able 10 make up hs mind IN
only one point OF the terms proposedthat IT, that e
could not enjoin the Company from selling tickets.
Mr. Beach desired to be heard any terms that were
proposed, as he had afidayits in that connection.
Mr. shearnan opposed any further hearing a. he
thought that the question had been fully argued tia
| previous day.
Judge Barnard said that he considered the adjourn
nent and reference only as closed Question: and unless
ne could ma some one 10 hold the Sonr OF oyer and Ter
nard then left the bench and proceeded with the trial Of
day. he returned to the Chambers branch when the
ment resumed by Mr.. A. r. tanning, who said that
contained some five or six propositions relation TO
one two OF which he understood that mis- Honor had
| appointment Of referee and they desire to have Il
altered to read that 1t s not made on the consent
Defendants and they also desired TO have appear
that they opposed It, In regard 70 the appointment Of
DaSoSes % y weIsTn pa na' Of the eO BE-
as II would be ,,, very Onerogs 70 compel
third proposition submitted In the ORDER they desired
that the clause which required the defendants to
fore the hearing and allowing the latter to read add
tona afidavits in reply to new matter be stricken out
ing afidavts in the ordinary manner the hearing OF
the notion They also desired TO be at liberty
such afdavits upon the hearing az they saw ht The
fifth proposition restraining the agents from selling any
|
| objected to, and wished opportunity TO present
their objections the form OF afidavs The prOpo
of the Court 10 be regulated by Injunction which he
submitted could not be done. They had prepared
reading Of them he would call the attention Of Court
to the fact that the restriction imposed upon the de-
operating upon the whole line Of the defendants
T TS the eo1Tac alleged in the Complaint wa road
tba atiOuO ~ ne
forced apply TO this whole length OF 70 Jour
Contract and which Of course matter Of right
be imposed under any form OF order winch can be
Mr. tanning then read the affidavit OF Mr.. Horace r.
Clark, Of which the following Is an abstract; ~,
after detailing at length the proceedings had the
18th inst before Judge Barnard SAYS that additional
fully prepare an a. also to enable defendant 70
allowance OF an nterlocutory Injunction that in his
Judgment 1t would be entirely Incompatible with the Ope
rations and interests OF the defendants that any ne
ton whether general partial should be granted that
the defendants decline 10 accept any snch enlargement
Sjss that the defendants entitled To reasonable
portunity TO present facts which, with time, they
by the plaintiff and furnishing complete answer To any
application for nj1nction that as President OF the
Lake shore Road he has issued IND order OF gwen IN
structiOns in any degree changing the manner IN Nnch
the business Of the Company had been previously con
plaintiff or the NewYork Central and Hudson River
Road; that, while it is true he is the soninIaw OF Mr.
Attendants are operated i'm concert and controlled by the
same persons Is wholly and unqualinedy true that 1t
is equally untrue that majority Of the directors
and controlling managers OF each OF the lastnaed GOT
pOratons interested in both OF them He denies thst
these companies acting In concert anu cooperating
the purpose of so managing their respective A.
practically consolidate them into line run adversely
to the interests Of the Erie Company but alleges that
the affairs of the Lake Shore Road are managed Will sh
elusive ~ the interests OF that Company Wth
\ ~ 10 :: eetsiap from any other interests
ton for time TO answer moti8s %as Simply an spPncan
seemed to him that it would discreet on pra %,
|
ton in mind of the Court that subject they in
answer facts and merits Of the application
part of the plaintiff He did not any necessity for
Injunction when none was wanted on the primary app-
| cation.
dollars every day In consequence OF the long delay Tho
| violations OF which they complained compare
lively recent in aa as ha c0rtst %a' INFLATED
| ately applied for an injunction and got it, That
Judge Peckham, and those injunctions
for years and 1t was not until recent date that
ask this application as much as they were entitled
TO ask. They were entitled TO have every
car stopped Buffalo, but they did not ask for all their
rights now there had been violation Of the contract
on their part the EN- oRR0g asked , an aG
sent but asked the Court to grant az much as had been
he m condition s OF an adoTrpmpt
| Mr.. Dootte said that there was question OF law
did not AK the Court to pass upon but would state il 40
that the Court could see that IL was doubtful point
The Erie Railway Company organized under the act OF
1850 and that act specifies what contracts they
avail Themselves Of but does mention contract
Judge Barnard said that he thought they bad better
read or state the Of their papers, that upon
| hearing what claims they had, he could decide what
would Be the probabilities OF the final result Of the lit
| CATION He presumed that some Of the afiidayts
| would be strong as the generality OF those they
dayit he would become satisfied and the production Of
would bring the overthrow OF the plantis complaint
| then read the following affdavits; ,,o-,
Southern Road residing Cleveland made lengthy AFFIDAVIT denns
that that road at any time since e 0o h s 81 me
Bie Railway Company but has acted nplras toward each and has
gwen specific sti S9 3 s iS1 X. pOp s o d %
BILL and As, the L1s SGo,s aOsa s nss de ts
allegations the complaint generally and oongSsesnays
Co .1errS and point o Bns isstsnea
H sustained mater, Of ps Z sa4e' t ?. c bi.eis;
sG%s. D o Jointly %o1' No log No. s.s
was formerly Superintendent Of M Buo and STATE is Raj
AGENT Of the Central They history the formation and
tie Se,enisns in this suit, length into interesting
the growth and Development o. aT. sSep 'sa Ps
slope 1851 when the contract elAmei 70 violated
cs s%1s nss s ss S he q Ss
Line Road that since that period vast chan o. rao1a, ass
Western sa sss I'D T s Is: SS1:
Road sOnssnns upon RTaG ~, s,, ,1o'o , 4, S al
these roads are upon what knowD be siae
hat previous TO 1893 the ,en%sn. o. sI Iao .na Ss
large expansion the railroad system Of The oant and ne sss 10
rsTe demanded that Of all connected railroads BE- FAR uni
S,rm that the ears all could safely and eominoi'ossy
ma. the tracks in,erchngeby that the ruon The bue
made in obedience % h sentiment 90
conform its gauge Of connecting lines an aot az
a. The nnrp OF benehung New-IOk Central koa o es'
mon suIorty Be Road that the system OF Drsn
els has prevailed since Inauguration in 1854 The Psen, us ana
that Road carried passengers on the an o. lL - ,h
thst the Erie Company objection 10 The ssem
REORGANIZATION lines Mr. TlnghAst that The tunes S hs
Anda arrivals Of trains from chicago 20 Nv
Witch hIei b. ooauitec OF aVNi
| manaccrs at which the Erie Road vas rrprsyned sna
to sIch he assened The dePoneut' a.se mhsr TIA.
al the time Of the referred erngas upon
| unkn tha
se-pngcars that through Buffalo a. u Hihg ana @
lin me uoug compel passengers BY eePngea 20 .hye