The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-10-21
Railroad Litigation.

The proofs on the part of the petitioner,
In the matter of the application of the Rut-
land railroad company to re-enter and take
possession Of their road and leased lines
and TO terminate the contract, or lease, to
the receivers and managers OF the Vermont
Central and Vermont and Canada railroads,
were served on the Central Vermont rail-
road company yesterday.
The proofs are voluminous, consisting of
eighteen affidavits and number of exhiD-
its, and are directly contradictory to the
facts alleged in the answer of the Central
Vermont railroad company. They tend to
show that the first proposition for a lease
of the Rutland railroad came from the
managers of the Vermont Central that
there was no fraudulent representations
made or deceit practlced in regard to the
earnings of the road but, on the contrary,
full and true statement was made of the
actual earnings of the road from and in
Guiding 1865 to 1870; that the earnings in
creased from $3.50, 436 10, in 1865, to $1,-
1873, $50. so in 1869 that the earnings for
1870, which were estimated In part as was
stated, were placed at one million two hun
dred forty-fve, or one million two hun
dred and sixty-fve thousand dollars that
this estimate was made and furnished in
October, 1870, and that the actual earnings
for the year were sl,70l, 43S.3S, made up
as follows: Rutland, SoO4,4 90; Yer
mont Valley, Sl38, 1854. 10 Montreal and
Pittsburgh, $70,96I50; Whitehall and
Plattsburgh, $3G, 243.46; aud steamboat
Cakes Ames $31, 1901 These were the
gross earnings and it is stated that the oper-
atng expenses were 10 per cent. of this
amount and it is claimed that it was so
represented.
The proofs further tend to show that no
representations were made relative to the
floating debt of the Rutland road-and it
is claimed that the amount thereof whether
large or small, was of no consequence to
the Central, it having nothing to do with
the payment thereof that the managers
| and receivers expected that the Rutland
road would be operated at a loss and that,
| IN fact, the actual loss was not 50 large as
they expected that the road, or its leased
roads, have not been improved or increased
in value by the managers and receivers;
| and that their embarrassments are not
"wholly attributable to losses on the lsut-
land lease and contract"
The proofs further tend to show that
neither the Rutland or Addison railroad
companies are insovent and that the re-
cevers and managers of the Central have
no claim against the Rutland for ballast
| ing or finishing the Addison railroad. The
proofs contain history of the transactions
| between the Central and Rutland railroad
companies, as claimed by the Rutland, re-
lative to the Addison, Vermont Valley,
| Whitehall and Pittsburgh and Montreal
and Pittsburgh railroads, and the steam
boat Cakes Ames, with the Delaware and
Hudson canal company, the Champlan
transportation company, ETC., etc., and, in
a word, tend to show an entirely different
state of facts from those claimed on the
part of the Central Vermont railroad COM
pany.
The next step will probably be the taking
of proofs on the part Of the Central which,
it is to be presumed, Will tend to show a
state of facts more in accord with their
claim and may necesstate a further post
ponement OF the hearing before Chancellor
| Royce