Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1876-11-30
Especial to the Herald.l
The Ogdensburg and Lake
ChampIain Railroad Case.

ISPOSAd1 w lhS A4EIdIdsl
The Ogdensburg and Lake
ChampIain Railroad Case.
A FULL HEARING OF THE CASE AT scHRN-
EoTADY BEFORE JUDGE LANDoN-ooUY-
Sell FOR THE CENTRAL VERMONT RE-
CEIyERs AND MANAGERS MAKE STRONG
ARGUMENTs-o OPPOSING COUNSEL En-
DEAvoR TO MEET THEM-THK JUDGE
TAKES THE CASE TO DECIDE SHORTLY.
SCHENECTADY, N. Y, Nov. %.
This morning before Judge Landon
the hearing upon the Ogdensburg and
Lake Champlain railroad controversy
wac resumed. Mr. E. @. James, coun.
Sci for the Vermont managers, began
his argument to cover The entise status
of the controversy whereby an ex-parte
receiver for the Ogdensburg road was
recently appointed by Judge Lsndon.
Mr.. James said that to dispose of the
questions brought before the Judge, it
must be borne carefully in mind what is
the attitude of the case here and what
are the grounds to which plaintiff is
confined before the court The Central
Vermont managers find themselves here
upon an order to show cause why re-
ceivership of the Ogdensburg and Lake
Champlain railroad, granted ex-parte,
should not be continued. For four
hours MIR. James made most
forcible argument, contending that
the court had no Jurisdiction.
He stated and laid particular stress
upon the fact that the Ogdensburg COM
paBy had contracted with the receivers
and managers appointed by Vermont
court, and their proper steps were to have
gone 10 the court who created the receiV-
ers they traded with and there complained
of the failure of the managers not paying
the rent of the Ogdensbprg road. Dir.
James claimed that the New York court
had appointed 8 receiver over a receiver
created 10y court Of a sister State. 1t
;ranspired in This hearing to-day that the
rent Of the Ogdensburg road went I'M
paid for the months of August and Sep
TENDER last, because negotiations were
pending with the OgdeRsburg company
for a reduction of the rental, and while
these negotiations were pending and
awaiting the action of the Ogdensburg
The application was made for
an ex parte receiver, which Judge Ian
don granted some weeks ago. The coun-
sel of the Ogdensburg company claimed |
hat the rental was to come from the
treasurer of the Boston and Low
FL railroad, from moneys collect
9d for through freights TO Boston,
over the Central Vermont road, this |
money to come from the share due the
Central from the total collected. The
same counsel claimed that the Centrslf
Vermont stopped the collection at Boz
ton of their share for transportation Of
freight, by telling the lower ros1s mi
ut White River Junction ne ne n,
Vermont's prnpoItton of zIoDs.--n,t be
he. tr--Portation of freiratss to-
aio before the freight : Sc agreer1ent
, ~ claimed as a bFsar Vermont nd
1--WE" cen the Companies. TI,on the
: ~. Dguens siag Central Vern1ont showed
-, Che contract entered into be- -
yen the two companies, and the con- r
ct was produced, that it left the dis 4
ition of all moneys entirely to the
trol Of the receivers and managers.
James also showed thataon months
other roads connect ng with the Cen
Exaggerated the daily settlement sys- s
!. ,TirieH obliged Governor Smith 10 tic
.g6rate the same plan of collections COZ
q the lower roads going to Boston, @'a
from other reads going west phir
/ naturally stopped the flow OF
icy into the hands Of the treasurer -,
he Lowell road, and hence the trou- III
brought about by the Ogdensburg
lpany. Mr.. James argument about
pending negotiations for reduction
ents, which was one cause for the on
payment of the monthly rent Of the no
&, also his explanation OF the stop ior
e OF money going 20 Boston MSS "-'
= explicit. Counsel for the Ogdens-
G company stated that they could Pr
hold the receivers personally respon- 40
e for the rent, and the only relief
to come before the court. Mr..
leading counsel for the tic
iensburg company, openly stated, az az
t regarding the appointment of fu- sh
e receiver, should the court decide to ye
,oint one, he should be a receiver in "a
interest of the Ogdensburg company. Ar
2 Central counsel nominated Judge
mes of Ogdensburg, to which oppos-
counsel objected. Mr.. Southmayd
uld say nothing derogatory of Judge be-
nes, but declined to accept him, but an
seemingly DESTROYS of having Mr..
erill. the present ex parte receiver, G.
lined
he hearing consumed the whole day.
2 entire controversy between the
ties was thoroughly discussed, and at =
r o'clock the hearing closed, the Is
ge announcing that he would give e
decision between now and January s.