New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-19
RAILWIY. INTERESTS.
HEAVY RAILROAD uuGAHoE-ALLEGED MS4rrEo-
rEAuoS OF S3J0lo10.

| HEAVY RAILROAD INSTRUMENTATION Mlc-l-.-.D-
PENuoS OF S3J0lo1J.
A suit has been begun in the United States
Circuit court Mnuesota, BY John S. Kennedy Co. Of
New YORK Guy against the Northern Pacific Railroad
Company. the 81. Paul and Pscd, Railroad Company
IA. FIRST Division OF the ST. Paul aud Pacific Railroad
Company, aud half dozen or more persons residing
in So. Paul, in New-Iork, ana in Philadelphia who
stand in the relation Of trustees IN the several mort
cages upon which tho action is founded. The last two
compsuies named are distinct COMPANIES. The First
DIVISION OF the st. Paul Pacific Railroad Company
owns the road from ST. Anthony Breckenridge called
The main hnc and that part OF the road running up the
Mississippi from 81. Paul TO Sank Rapids known as the
ST. Cloud Branch. The St. Paul and Pacific Company is
proprietor OF the extension OF tho branch line from Sank
Rapid; " PTsneyd, and 81 le line from St. Cloud to St.
YLccnt fn the Extreme IorCh-western corner OF the
State An these lines land grant roads The roads
belonging TO the First Division Company are fully com
pleted or nearly Tie funds with which tGoy were
built were procured by sale OF bonds secured by mort
cages upon the respective lines OF road and the lands
granted aid il building them. Up 10 some time last
year no part OF the ST. PauiHud Pacific Company lines
had been built.
In AHrl 1871 az appears by the PLAINTIFF papers or
file with the Court the First Division Company and the
81. Paul AID Pacific Company entered into an arrange
meut whereby the former company assumed the con
srucon Of the latter companys mcs and took lease
of the same for the period of 50 years BY the Of
this drrau cement the needed funds we're TO be procured
Dy al issue q the FIRST DIVISION Companys bonds, to
lie amount OF Sj0yJO0J which the 81 Paul and Pacific
Company was to secure Dy mortgage OF all It's lines Of
road and the land grant pertaining % them The plain
L M gege that $1,000 OJJ OF the bonds sold IN HDl
land al So and $4,000 additional was advanced, nearly
AIN of which was pad over 70 the FIRST Division Com
many 10 he used III building the roads 10 asserted
mat the Company stopped paving the contractors on
Jr 0 ISL but ihat Inc latter were notified IN October
10 stop WORK, and nothing has been done upon their
roads since. Tho roads are Lot nearly completed ana
tle and grant will be forfeited unless they are IN opera
ron 1873 II land forfeited some
2OHO1D acres viii be lost 10 the Company, ana cOhse-
Cuently to the bOndhoder, who viii De lett without any
adequate security for tie payment OF their bonds.
Tie plaintiffs also complain that Of the SOJbJJO and
nny1tfds Which came 10 the Company from the bonds
s than 800 OCU have been ldd out for The roads, thd
the rest msappIOpraed ana diverted 70 other
uses; that the Northern Pacific Company has been for
sonIe tiuc sole stakeholder iu the First Division Com
rv and III the 81. Paul and Paclc Company, ana that
4 has been ana Is controlling the affairs of those two
companies in way destructive 10 the interests VI the
Upon this bill Of complaint and accompanying aft
davits Judge Dillon has ordered that the defendants
appear at Chambers IN Davenport, Iowa, July 30 70
eAow cause why receiver sAaIi NOT DC appoeu peuu
ing the sut prayed IN the complaint TO take posses
two companies d. D. ANA S. r. ana with luil authority
20 procure advances OF money " complete the extension
lines.
THE CAMDEN AND AMBoY DISSEMINATING OF TIE
DECISION OF HE NEW-JLEsBY COURT or AP-
Prom Tle Nerork Adrera,,r.
The decision OF the Court OF Appeals yester-
day reversing the decision OF the Codrt OF Ciancery
uat the act Of 1870 authorized the lease of the Camden
and Amboy property the Pennsylyanig R9t1o,J oc
caslOns considerable surprise The question before mo
Chancellor whether IN the nice Verbage of the law
the LEGISLATURE knew IL granting poWer to lea ~
foregn corpOTatiou-nlmely the PcnnsyIyania R,iI
road aud whether ITS innocence was not deraTded IN
the use Of the word Otherwise" IN the sense OF else
Sbe act of March H. 1870 enabling the united RAILWAY
and canal companies 70 consolidate their stock ana 70
consolidate or cOuueeg VAN V1HeF companies, Opeus with
y, n Cnatf y he Staah and General Anb Of N, sa NJ
NSjrs<g That shall ana may be lawful Tor tue sad united com
psnes bv consent u t"Ct4rls W Interest Of stock
er. of ,sc and Gully authenticated aaav
i lied 10 The Of state consolidate tier re-
psctye capital cols0! at with railroad
If,rsrv IN conn auies iu this state OtleTSs e'
qne Court OF CnauCery held, substantially, that to be
otberwise" than In this state must be out OF it, Then
the question arose, did the Legislature have equal
appecatOn Of tins logic, ana II Is that the Court OF Ap
n.aIs yyas called upon 60 decide Mr.. Justice Nanslckle
TeaI lengthy opinion, setting forth that domestic
coronation could not transfer its trduculse without
~ of the legislature and that primarily the Ju
dietary had no jurisdiction IN such matters fVae prop
ery he sand could be taEe ony Wheh plOnc Necessity
demanded The cL!ei dAlculty was Whetnef the act
az $50 authorized the lease 10 be mace 10 IOegn cor
Doratiou clear expression OF such power II not 10 De
found u the act. The Justice further added mat he dd
moi know what the intention OF the lawmakers was when
| the decree OF the Chancellor refusing TO grant an
| Injunction restraining the united companies RON
leasing their works 70 the Penasylya am
| Railroad Company should ne reyerSeu' Win
ChiefIusilce BcaAty, the only one who YOteh against
the reevral read opinion IN which ne declared the
act OF 1910 constitutional and OF suLient lorcc 10 hu
thorpe the lease 1nc lease had been made ana there
fore the Oruer Of reversal was worm nothing Whatever
IL could alter nothing and was not sought III SOod IitD
by the appellants out merely 10 get aOstract oplons
OF law The vote stood US fOlOWs: REVERSAL auIna-
the decision Of the Court Of Appeals looks TO us like
reviewing aEdedta for the Is RENTED Win