Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-09-17
The central and Rutland R. r. Controversy.


! hearing took place before Chancellor
Royce, Tuesday, in chambers, in the mat
ter Of the petition of the Rutland Rail
road Company, for an injunction to re-
strain the Central Vermont from interfer-
ing with them if they shall take posses
sion Of their ruad under that provision of
the lease which entities them to possession
II the rent shall remain for a certain time
unpaid An adjournment was asked for BY
Mr.. Fiheld, counsel for the Central, on the
ground that ex Judge Poland. his associate
counsel, was now sick in Worcester and not
able to be present. and on the further
ground, that he, bimself. had not found
time 10 prepare t. meet the application.
He said that while the afhdavits of the
Rutland railroad people set forth that the
rent l. some S2n0 600 in arrear. bis clients
claimed that they did not owe the Rutland
road dollar. having an Offset for expen-
ditures on the Addison road and cross
claim on account OF fraudulent represent
stiOns in regard to the earnings of the
Rutland road whereby they were induced
to take the lease.
Senator E1munds. in behalf Of the Rut-
land road. opposed the motion foT delay.
Judge Poland. he said. was not the only or
leading counsel for the road. Under the
lease. ;he Rutland Railroad Co. is entitled
70 take peaceahle possession of its proper
tv. IL Is even a palmer case than that oi the
Vermont X Canada lease. in which Judge
Poland found himself unable to RESIST an
application, M 1855. tor al injunction 10
prevent the Central from interfering with
the Vermont Il Canada entry int pos
session for breach of condition. /, Is
plain upon the face o. the papers that the
rent must he paid or the road surrender
ed Mr.. Fited says they have a counter
claim growing our of the Addison rotd.
They pretend thtS did not find the road IN
50 good a condition a they expected, bat
after they have taken their pay for puttIng
it in condition. and haye run 1t fer tsD or
three years, it i rather late in the day 20
come forward with such a shadow Of claim
a. that By this delay the Rutland road Is
subjected to a loss o! some $4,000 day
IL l. a gross outrage upon justice 70 post
pone 81 important 4 matter for single
heuT. when they have brought forward no
proof. and none OF the customary reasons in
such cases to support their motion. and
have taken no steps 70 get ready Tor tho
hearing
Mr. Fifeld, alluding to the alleged lu-. Of
: 10 600 a day. sad the net income irJn
the Rutland road Is only about : OIo
dav.
Mr. Eimuud- explained that the Rurland
road l. under Obligations to it, own leased
roads n,w in pI-ss>-i0n Oi the Crafos.
" Which. with it, own losses. will amount -
abou, $40 600 day.
Nj tiheid -tii large amounts OF evIdebr,
are 10 be taken in Boston and in Vermont.
before they can safely 90 TO trial. By thl;
vGence nc expected 10 show that up e. tae
tIii.s when this application was made. nut
one dollar Of rent was due the ku!-
land. exclusive OF the Addison road.
They shO1ld want 20 20 into shpsing
to the earnings of the Rutland road IN 1870.
and possibly prior thereto, for the purpose
If showing that they were mls-rep7esented
10 the Central managers when they took the
ease and in this connection they might
want an order from the court tor leave rc
Examine the books of the Rutland road.
Gov Page said that the books of the Ru,-
and road we're open, and the counsel or the
ourt could see them at any time.
Mr. Fltield expressed thanks for the oisr
md went on to recapitulate the reasons on
which he based the claim for more time.
.et u look into this business deliberately.
nd then il these roads are to be unmai-
led. let Us do it completely, and have
i'll. and provide for the custody Of the
hilGren
The Chancellor said he regarded Jndgs
Glands illness good reason for pcStppn-
lg the hearing. and he would 81 order
N order was then passed. requiring tbs
entral Vermont to file their proof by Sept.
ith. and fixing October lst, at 10 \. N.
II the hearing.