The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-04
IMPORTANT RAILROAD SUIT.

railroad suit has just been commenced In the
Supreme Court invQlylpg some important legal
questions, and which. from Its nature and magnt.
tude, promises to occupy the at ention OF the
courts lor some time to come. According to the
allegations set forth In the complaint, copy Of
which, with the summons, has been served on
the various defendants, it appears that on the 22d
OF January. 1852, an indenture of loss was exc
outed by and between the Columbus. Chicago and
Indiana Railway Company the PittsburR, Cincin.
natl and St. Louis Railway Company and
the Pennsylvania Railroad Company. whereby.
upon the faith ofthe Pennsylvania railroad Com.
pany OF the dne performances OF all the covenants
OF said lease by the pittsburg, Cincinnati and ST.
Louis Railway Company, the Columbus, Chicago
and Indiana Railway Company was leased l0r the
term OF nlney.nine years TO the Pittsburg, Gin
cinnati and st. Ions Railway Company. 1t was
stipulated In the lease that the balance Of the
gross annual earnings and revenues, after DC.
Quoting the taxes and assessments, being thirty
per Gent thereof, shall be appropriated by rne
interest that may accrue after. February 1,
cent on $50, 100000 OF mortgage bonds, to
payment or interest upon the income bonds OF the
Issued to the party Of the second part Isl the pnr
nose oil rec0nstructl0n, said interesE to be dep0s-
ppoxided, ho that II the SAID thirty Der cent
should no: in any one year % equal to the sum re.
quiIea lor the payment Of the interest as aiore.
spu9' tncp wy patty " Tug secopu Part snali and
VIII, a. Their w .Cose auv "a pense, ana WltnOus
Cnarko 70 sne paIv VI tne hrst part pay
- saiu Axency VI ngences tue amount
Ioqutfou ply saW lnterees Is the
etnsr srsccs 81 agreemen ov PssaS Tae
ysnca naS ~ ~ X noo M pI9viae LOT tne re-
Qempu2n o. tge ISfV.ouy,oov oonos through an an
nua. san .shR ivHu' nnu a.ac no new poq0s 20
issueu witnVus sne consens "! tne Doards Oh al.
teSso.s VI ."c ospcosno 20. sscs " sne tease. "
was ~, s.Sr es ecu snss upvn any La1ure OF oe-
hui VI t"e parsl VI sne svcvnu par! 70 iulnl ltS
ICoton"uss LILY Ia Ya,G ~ s'.S tniIo part upon
noEce w snen ~ wriuue VI tue nature OF sucn
saivrS VI ue'au. snun per'U. u sne same on Pc
nSnrs ,,a "e ~ ~" para, ~ wnicn
o a. 10 -. ~ ~" %, Stu sec0n9 paris
OpSion, W enueso " an Tue pronts ana
suvansasss wncu Ment couid arise
OT accrue Ueretom tne party .0l
tne seconu parI us lease as atso
oescripeu, WAS uuJ s,knou ~ sne psesioents o.
tne various railway companies named as parties
tneLeto
Inc lease: went .nso eueSt on fne 1st or Febru-
n,y; 100; Tue r,0soo[g, acilnatt ara 81 Lonls
RAILWAY COMPANY as iq5sner aySted " the com;
railroad and OF the property Of the Columbus,
Gnlcago ana lnaianS Ventrai hMIwAy company:
the PennsyyaniA kairoeo company used and
enjoyed a.. tne penents advantxeas and prons
referred 10 10 tue saiu lease ~ accrulng TO the
fuarantor tne!eV. Duline one year the Sa4d
lessee remained IN possession under the lease,
and Tor the same period she said lessee
and LIS Ruarautor derived al the benefits
pnsns ,he apa IN. sso .s
>OI the Columbus. Chicago aud InulRna Cen fraI