Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-12-18
HE RUTLAND HERALD.
THE LAST INJUNCTION.


The attacks upon the Central Vermont
railroad company have been persistent
and continues all the time since the
Court of Chancery of the State of Yer
mont appointed that corporation receiy-
ers and managers of the Vermont Cen
trail railroad. Legal proceedings have
been instituted in about all the forms
known to the law and vexatious litiga-
tons have harrassed them from one end
of the State to the other. 1t was only
Inst week that we had 60 record a hard
fought battle and victory for this
Young company with the giants down
fine Connecticut River before Chancel.
Ior Barrett at Brattleboro Now it has
been called upon to defend itself against
an old enemy of the Central upon the
other end, the Vermont and Canada rail-
road. We speak of this as an old enemy,
because, although the Vermont and Can
ada was leased to the Vermont Central
before the former was completed and
has been run by the same management
as the latter ever since, the Vermont re-
ports show almost a constant litigation
ever since the lease between parties
claiming an interest in the Vermont and
Canada, against the management.
For the last few years the Court of
Chancery has been the managing power
of these two roads, acting through re-
cevers and other officers appointed for
that purpose. This made the manage
ment the ward of the Court, and all the
receivers being oflicersof the Court were
directly responsible to it, therefore it
became the duty of the Court of Chan
cerv to not only require obedience to the
DEGREES that its Chancellors might make
from its officers, but it also became its
duty to protect those officers from the
attacks of outside enemies and parties
who desired to get control of the roads,
or to ruin their franchises and business
in the interest of other parties and rival
roads The last assault made in this di-
rection has been to attach and tie up the
funds of this trust in the hands of some
connecting roads in Massachusetts,
through the means of the trustee pro-
cess of that State, in suits brought in fa-
yor Of the Vermont and Canada COM
pany against the former trustees and
managers for arrears of rent due under
the original lease.
No one could object to this company
collecting their rent in any legitimate
way but from the way in which bust
ness is done by the several railroads hay
ing a business connection with the Cen
trail Vermont, as detailed in the evidence
we have heretofore published, it can be
readily seen that if these funds in Mas
sachusetts, can be levied ON for this pur-
posc, it is doing great injustice toall the
roads entitled to a share in the division
Of that fund, and that such a result must
at once prevent the Central being used
for through business. In this State of
affairs the Central Vermont, as officers
of the Court Of Chanccry appealed to.
their principal, the court, for protection,
and hearing was had at st. Adams,
last week, upon the question of whether
the Court would allow the funds Of the
trust to be diverted from the control of
the parties who had right to it, to the
payment of an old debt of another party.
This hearing was held before Chancellor
Royce, probably the best abused judge
in the state, and the decision, granting
an injunction, restraining the Vermont
and Canada company from holding, or
attempting to hold, by trustee process
in Massachusetts,, any funds belonging
to the Central Vermont, as receivers of
the Court of Chancery in the present
suit or any they may hereafter com
mence, was pronounced on Saturday.
We suppose that this decision will
create another howl, although it is in
strict accordance with old and well rec
ognized principles of equity practice.
The Court of Chancery in Vermont has
not, and does not pretend to have any
power over the courts Of Massachusetts,
but it has Jurisdiction over the parties to
the litigation in the Massachusetts court.
The plaintiff, the Vermont and Canada
railroad company, is Vermont corpora
ton. It's officers are, some Of them,
Vermont men, and are within the pow
er of the court, so that this injunction
is Just as operative as though the trustee
process was pending in this State, for,
unless it is obeyed, the court will deal
with the parties in this State for con-
tempt, and soon bring them to terms.
Courts of Chancery, when they have ju-
risdiction of parties, very often enjoin
suits in other jurisdictions, when nee
essary to prevent injustice being done.
We understand the plaintiffs in the Mas
sachusetts courts now only claim that
they had a right to trustee the funds of
the old trustees of the first mortgage
bond holders but as they tied up the
money of the Central Vermont, that
pretence appears little ''too thin. "
The act embarrassed the receivers and
tended to injure their trust, and this in
junction shows purpose on the part OF
the court to protect the officers from
this attack, and prevent similar ones in
the future. Howling and biliingsgate
against the court have heretofore had
little effect in intimidating Vermont
ju lges and we shall always expect the
same even-handed Justice from Vermont
Chancellors, that Barrett and Royce
have just given us. Let justice be done
though the heavens fall.