New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-29
TIE COURTS.
TIE PLIGHT or TIE NETWORK MIDLAND
RAILROAD

TIE PLIGHT Or TIE NETWORK MIDLAND
RAILROAD
ruF PETITION OF HE RECEIVERS FOR TNsTRUc-
uoNs-THE SEIZURES MADE Of ACCOUNT OF
TAXEs-THE Evils WHICH WOULD RESULT FROM
STOPPING TIE ROAD.
In the United states Circuit Court yester-
day IN the force suit OF IN, New-York aad Os
aego Midland Railroad Company. lts receivers ADrsm
Hewitt anu John u. stevens, presented the following
petition
Cre4s court o. The UnIed Sares, southern District Of
Nrr York IN E4d,l-Bet "eeu Abran 5. Hewitt.
Midland Ral,road company and others. defend
aLfs and a.sO between John q. stevens ana
O,He.o Midland Railroad Company and Others. defend
l-tsA0 tne Honorable he J-Ers OF tue Circuit Court
Jl the Southern D5irGt o. NcW-GCIk Ia Equity: The
petition Of Abr8m 5. Hewitt anu J9.a e. stevens re-
specially shows 10 the Court:
first: That they were appointed receivers Of the
property covered by the morig1-.s mentioned ID the
1- Of complaint III The above ea.itlcd ACTIONS on the
4s5h Jay OF November, 1873.
second Tna5 prior 10 taat date Abram > Hewitt had
oetA "a possession OF tle s"iu pI9PeIy as w -
the hr emitted 4cLol under order u the L5la Jay OF
Thfr4 Thar Immediately upon their appointments
respectively they began reduction Of expenses anu
t. wor o increasing a far ~ possible the earnings OF
tne .rOad IA their charge.
I1ars. That they have from time TO time endeavored
w -'ey way 10 make the enterprise prontsuie one
Tat road bed has repaired and the Jrrstes and
bs: ges renewed aud general the property placed in
sdch condition a. 70 require Ou cOnpAra " y ttIe eG
Deuditlfe Tor Tie eusuin. SIX months tina after siren
nous ercrfons the BUSINESS OF the road increasing
and your petitioners had h0ped tAa during The coming
5pri-g IL would have greatly improves that the EN-
r1yos VI The receivers Interested IT'S preserva
con and ipr0moting It's iutifest7 that knowing
tAat suspension Of business only Work great
jury tRe property, but result IN serious lncon-
Y--i5EaC Ae public, petitioners have ,trusg.edtO
rae road open Tor traffic tna succ"s-ige Difficult
rom time 10 time apIeaicu lnsuperaDe' Dut
nave been heretofore surrounded.
Ift. That TIE Legislature n The state Of New-York
AZ last session passed Al at rspeau1g tine contract
ni4Ie ny state n 1866 % exempt or ten years the
properly from taxation tnat your petitioners protested
against such repe4 Is they folosaw and predicted nat
sutI Legislation would result ia me RUIN Of TIE enter
Prise besides b' IhR an act o -eP'-dJiou lnat your
petitioners during the past summer, by pei sOna APP
pActtous anu D. punit meesAS7' endeAvOr"l 70 per
.u" lie as-tao- along the Line O the road 10 refrain
from c * ne az! u " t4e! Ia e any i5sy 70 nanS
petitioners pr"Fo4 haNai'uE 10 a = a't ~ so1e
0cd..s iet-us Ot hostility 0oinS manifest against
s..n That Immediately upon the assembling OF the
LEGISLATURE " b" YORK I'D l4s present month Oi Jdnu
Isc ios yle repeal vi tne act o. ast session, but
lI.t t4, ir jon. petitioner, nave l40ored III vain to
s.seaA That meanwhile The TAX collectors have
protests " Your peg foner-) 10 many towns
pIopc.y Ic01ac 90 yOug petitioners Dnt also property
90 oner persons which tney we're transporns as We
other companies being used upon the line
VI be- II4d . te carrying Of coa and other chate!s
-'gha IhIt ia many tises suca selz1es nave Oeen
exatIit.ur excessive ma vlndlctive, Out The
such more particularly OF the property
sraEsitu. nas been 10 stop shipments. drive
away business md almost cuurCy Od cash receipts
VAN That. under these circumstance 10 Is impos
s5.o ID continue tie ne ~ operation that your petit
uourc, cannot r0u-clcutlVusY continue 10 lncur habit
it.e. makes expenditures without any prospect OF
return. AID tAcy OeIers the road should cease W DO
operated. 49, ------~---
tenth; That Your petitioner sp1fecate ar its full
measure tue hardship wn!rn VIII arise from the
charge o. employ : This Indictment season aud from
tho ff IVai6G % toe inhabitants along the ine and
me general public OF facilities Or travel ana transpor
,luD w..ch have been heretofore enjoyed.
E'.rs.N That YOuI petitioners also are aware that
grrat a-fslmeut VIII happen 20 the property from It's
nOu-use andX penses viii have De incurred for lts
"a anu custody wlIic 1t 3 unemployed.
Voar petitioners therefore pray the instructions OF
this Honorable Conf the promises, aud as Ia duty
bound. Ec.-Ddted Jan. -, 1873.
ABRAM 3. HEWITT,
J. u 5TEVENs.
AsuBEI GREEN. Of Counsel
Ia regard y llo ss6ng for instructions from the
CQyE. = the matter with which the petition closes
Judge BatahOrd sad that he would allow the
20 BE over FOR q days, because 10 did pos
.1Ie that the people along the line Of road would
allow 10 road broken up.