, 1876-11-18
TIE RAILWAYS.
TIE WAR or THE ROADS.


TIE WAR or TIE ROADS.
TIN warfare between tic Eastern trunk lines
on tho question Of frelgllts was brought up IN
the Supreme Court at New York Wednesday on
M application by Russell Sage, Rufus Hutch,
Can,man " Co., p. w Cat1andcr, White, hlorsls
& Cn., anil others, nga!nst the Farmcrs' l.uan
and Trust Company, thu Lake Shore Il Michigan
su,t.hcrn Railroad Company, Cornelius ard
William II. Vanderbilt, md other Directors Of
tht Company. According to tho New York
lug THO respondents to show cause, On Nnv. 20
WHY they Rluull not bc compelled TO exhibit to
lsilius lta.ril tho transfer.book Of tho Lake
Shore Company, md tho list Of stockholders,
or why mn alternative n,nndMnIus Boultt uut ls-
sue requiring tic respondents tn do these
things. or show cause to tho contrary. Thu
l,earlnE OF ts move on the railway warfaro Is
well shown ly tho a'tidnrit OF Rufus l1nscl, on
which the application was based. lie sayB tlIu
Like shnrc koatl ID . foreign corporation, bcIng
composed Of Il consolidation Of abuut ten roals,
owning continuous line of 5Ou tatcs Ia length.
aud owns arl leases nil aEgregatG railroad lit,o
xitn tIo te1ritory ; y u .his s1ae An II Inspection
ot thu transfer-I,ouk laying been refused, tho
following lcttcr, dated Sept. Is, was hcut to Atr.
William II. Vanderbilt:
DEAR s,n: As shareholders In this Company, wo
arc an1ious to obtain hit Of tho htockh.dcfs AZ
rtsintcrch nm tho buukn IT thu Company. No llasc
applied 10 Mr. II. q. Ro!ston, Of Tic, Farn1err'
LS ad st isSs snns, assn MhH s
lsooks without n written order frasn you. We nto
acting In tho incrcrts Of tic shareholders, largo
from tho ralnonB ralroad wnr now being prose.
cntcd In disse. violato1 Of the right! ai,l In
that tho stoekholders themselves should havo
an oappoftan!ty Of czpIs''!ng thsf views
IGthcf In HO{D0 movement tU arrest n
II raa Or The p'Spsrty Hfleoy i Y y wlth
of you. the onicIal head Of tho Company. viii yoa
gye NJ access to tho books or fsrnsi ~ with st
of thu stockholders. Wc respectfully Hsk fur as'
answer 10 tho nbuva.
Atr. Vanderbilt replied on Sept. 80, as fol.
lows:
nm ready nt n1l times to perform any official &C.
which i legal and propes. While you ask fur m
inspection Ut tic tsansfur. books for tho purro.u
Jet to tsiE nan,es 6elng generally known or pub.
lfxhed Under tho circumstances my duty eccma
clearly defined by tho statute,
Thesa gentemea, dS 1ePsd I'D Oct. + eayns that
III. Vanderbilt to iny bcfuro tho Executive
Committee thetr request, urI ask them to give
thu required authur1tY tn tlle tra1isfer-agent,
a1dng tint they had no intention Of making
the names Of tl,c stockholders generally known,
On OCT. o a1r. Vanderbilt wrote back tlat the
list could only bo given BY order of the Excc.
utiyc Committee, and again referred to t!le
Stntutc.
,1r. IFatch's affidavit then says that Mr.. Van
lcrhIlt "orcupies a llko position III the New
York Central Il Hudson Hiyer Railroad Cum
pany, tho interests of which corporation Gus ut
present tnaNayrul are In conflict with and ntl.
vrrso to thoae of tho Lake 5horo Rontl;
that Mr. Vanderbilt owns nearly twU-thfrtls OF
~ per rent Of Ecw York Central stock !;
that lie owns hut small interest III tho Lake
Shore Road. The Lake Shore uan In M event
derive any benefit in maintaining this war, t,8
IN tho contrary II Is suffering, and must suffer
irrcparable dan,age thcrefrotll. Tint Mr.. Van.
dcr6Elt, notwithstanding, Is carrying the
through freight mid passengers, transferred
from the New York Central. upou tho Lake
ShorU ut dspsoportinato mud losing ratcs
~ or1cr to encourage and secure tic
through passengers and freight over tlc
| New York Central Koad ut propurttonatcly high
| rates. Tho New Yusk Central, by reason II tits
unequal and unjust Discrimination in Its favor,
receives nuro ttian Its proportion Of tho through
rates for freight md passengers; yl4ilc thy IT,
ARE corrcspondngly diminished. From the prof.
Central IS enub1cd to maintain md pay tho rcg,
| ular 8 per cent annual dividend, hut tho Like
Shore ilua been fUrcctl to cease TO ny more titan
| IN occasional nominal dividend. II furnished
with tho nunes OF the stockholders, such meas
,ircs will be taken o. Will prevent d further dc
probation 0f tho property and forco tho Direct
| ors 80 to manage the Companys affairs ~ te
make tho stock onco more an 8 per cent dividend
nryinr uue.h