The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-04-30
Important War and Other News From
Over the Ocean.
HE WILL DO 1T.


country in suspense to his action for any |
unnecessary length of time, and win therefore |
announce his decision promptly. 1t is also F!
intimated that he taxes the ground that while |
there has been no menace on the part of the
majority of Con gress, as such, the declarations
OF the acknowledged leaders, protesting to
speak for their party, after caucus delibera-
ton, amount TO a virtual threat to the execu-
tive entirely unwaIanted by the relations
which exist between the executive and legis-
lative branches of the Government.
Justice Harlan Renders n Decision in the
Case of the p, c. and st. l.. Road Against
the c.. C. and L. c.
WASHINGTON, April 2s-The great railway
case of the Pittsburg, Cincinnati and st. Louis
Railroad company against the Columbus, Chi
cago and Indiana Central Railroad company,
which has been pending IN the United States
circuit court for the district of Indiana since
last July, was decided by Justice Harlan, of
that circuit. to-day. The case involved the
validity, and the construction of a lease, made
by the Panhandle road of the c., C. and 1. c.
road from Columbus to Chicago. The lessee
company and its guarantors, the Pennsylva-
MIA Railroad company, contended that the
lease was void under the laws of Indiana and
Ohio. and also that the lessee company
had not kept Its covenant to arrange, provide
for, adjust and classify its bonded indebted
ness in the mode and to the extent set out In
the lease. They claimed, also, that the lessee
had been evicted by a decree in the Pullan
case ordering the sale Of q miles of the leased
lines, and by the foreclosure proceedings of
Roosevelt and FosdicK. trustees, in the first
consolidated mortgage. Justice Harlan held:
1. That the lease was not in contrayention
of the statutes OF Indiana nor Ohio.
2. That neither the Pullan decree nor the
;vx f<>f pD<,c
dick constituted an eviction emitting the
lessee company to recision at the time of the
contract of the lease.
3. That the covenant of the lessee company
to arrange, pfovid for, adjust and classify
| their bonded Indebtedness to the extent
| agreed upon, was not a condition precedent to
| the performance of the lessees covenant to
pay stipulated rent, but it was matter of
| substance, not of mere form; 1t was material
part Of consideration OF the covenant to pay
rent, and the lessee was entitled to have the
| lessee's convenant performed within a reason-
| able time, and that the complainant was en-
| titled to q decree which should compel the
| performance. The court gives the lessee COM
pany until the ist of January next to make
| an adjustment and classification of its bonded
| Indebtedness, stipulated in the amended
lease, and In default thereof the complainant
has leave on that day to move
for decree resembling the contract of the
lessee, and for the settlement ofaccounts upon
| such terms as may be equitable. Whatever
the rights ofths mortgage bondholders against
the lessee corporation and against the Penn
| sylvania Railroad company, independent OF
the question of RECESSION, the court said was
not involved in this case, and no expression
of opinion about 1t is made. With regard to
the time when the accrued rental, amounting
now to more than So, 100000, should be paid by
the lessee, there was no decisive expression OF
opinion, but at the request of the counsel on
both sides Justice Harlan announced that he
would hear further argument on this point a,
Chicago on the I'd of June next.