Morning journal and courier., 1881-08-03
Parallel Railroad.

asif they would not object giving hearing | to P,tck, even with a proposition to put | girdle around the earth in forty minutes. 1 There was in attendance quite number ot | friends of the Parallel scheme from New l York. They talked very sanguine as to the prospects of getting the road bnilt. One 1 gentleman was satisfied that there was noth- ing to hinder, providing they would give us fair show,"-they evidently referring to Mr. Doolittle, who was regarded serious difficulty in the way in his capacity as attor- ney. The hearing was held in the Supreme Court room The Parallel projectors had for their attorney Mir. Warner, of Norwalk, associate of MT. Hyde, of Waldo. Hubbard & Hyde MT. H. acted at the previous hear ing, but could not attend yesterday. MT. Doolittle, of this city, again offered objec- tions to the Parallel.
 The business opened with the announce ment by Commissioner Woodruff of the de- cisions on questions raised at the previous hearing, which with the objections were as follows: l. George R. Coles a sub bscriber of stock is not signature within the meaning of the law. If it is not he stockholder if not stockholder he is not director if not director then the board is not full and the organi is not perfected The petitioners reply that the point is immaterial and is not competent for the commiss toners to in quire concerning it. they are compet ent to so in aurs the statute. tut signature 0' i'' The report of the engineer is not such as re- quired by the statute it not founded on actual examination of the route. The peti- toners say it is such report as is in accordance Decision-The board are competent to quire. and if either of the aIeeed defects no such organization as required by law. For the purposes of this hold that evidence can be | introduced to the signature
 The report of the engineer is such the stat ute requires it is not founded on an actual examna tion the route. But proof of this will be allowed; if evidence shows it to be in accordance with the | statute the hearing may proceed
 but which is opposed absolutely to proceeding a this time By the 26th section of the original railroad law it is provided that if any railroad company over whose tracks the proposed road is to cross does not agree to the proposed crossing the commissio1ers gstion in the petition that the railroad companies
 se % apped to- shas sn Se elusive of the New Haven and Derby road, which the that there shall be an allegation of failure to The practical difficulty is that it is or very have determined the points of crossing other rail roads, these controlling points of location If \ we don't know where the road is to cross we don't know where to locate the tracks between the cross ' ings.
 the face it appears the crossings to be at grade. The petitioners say they do not want to do disai1owed We indicated at the last meeting that amendment would be allowed and the proceeding con- |
 Ex-Congressman Warner, for the New England and Connecticut railroad, said that as Mir. Coles was present there would be no difficulty in fixing the question of signature. If there cannot be an amendment to the pe- tition with reference to crossing other rail roads of course the petition cannot succeed. If there can be the hearing can proceed. An amendment concerning the crossing of high ways has already been prepared.
 Commissioner Woodruff said the board would allow an amendment as to the railroad crossings, but it must be submitted in such a manner as to have the railroad companies properly notified so that they can appear to be heard. The reason of their absence here | tofore was the lack of notice and the knowl- edge that the proceeding, so far as such cross- | ings were concerned, would be null and void. The commissioners would, when the amend ment was made, prepare an order of notice for these companies. The chairman added, however, that perhaps legal right to amend did not exist at common law.
 ! MT. Doolittle couldn't see why the petition 1 CTS should wish to proceed when it might be l mere waste of time
 | Warner.
 'It is consuming great deal of time, )
 said Commissioner Bacon, "but you can suit yourselves, gentlemen"
 Mr. Woodruff said he should leave that
 matter to the courts if it was taken there. Very possibly the whole proceeding might
 be declared void; but the commissioners
 were not legal court and did not choose tc
 take the responsibility of jurisdiction and would allow the petitioners to amend theil I applications. After notifying Mir. Warner
 that proper notice must be served upon the , other companies. Mr. Woodruff said that the t appointments for hearings at Bridgeport f Greenwich and other places must necessarily : fall through for the present.
 si As to the legal validity of Mir. Coles stocl 2 subscription. MT. Coles himself was present < ! and sworn to giving the power to MT. Olm
 stead together with check for $1OO-tht | necessary ten per cent. of the ten shares O :. stock subscribed. MT. Olmstead next swor, , ! that he received the power of attorney ant . cheek, and turned the latter over to Cor 2 ! nelius V. Sidell, of New York, the treasurer ? | of the company. The power of attorney wa s submitted to the commissioners for examina I \ ton. ' MT. Dootittle at this point enquired wha . were the occupations of different subscribers D MT. Warner objected to it as unnecessary a aa MT. Doolittle replied that it was necessary e and intimated emphatically that if thes + ! signers were 'shysters," :" lawyers, |" s'brok CTS !" linen who live by their wits" anC tsblackmailers, :" the enquiry was all right
 Mir. Warner spiritedly replied that Mir ' Doolittle spoke thus without knowledge, els
 he would not make such aspersions. Mir Doolittle retorted that he probably knew a
 much as his friend did on the subject. H | held that 'the shysters and brokers in Nev ! York have picked out just enough Connect D cut men for directors to comply with the s Iaw.''
 Mir. Warner said everybody knew tha . enough money could not be obtained in tn | State to build the road. The capital mus t come from elsewhere.
 The board held, last year, that
 was not in their province to enter upon thi
 matter. Mr. sDoelittle said he would get a
 the facts in another place.
 s. E Olmstead testified that he exercise
 the power of attorney given him by Georg !. R. Coles.
 Niles B. Schubarth surveyor, of Bridge
 port, was next called with reference t
 whether he had made an actual examinatio
 of the road as the law required. The witnes | swore that he was the engineer in charge c ' road and that he had gone over every foot c
 the ground. In the examination of thi
 witness Daniel Davenport, Bridgsport al torney, took g hand. He claimed as did Ml
 Doolittle that the layout of the road was er
 tirely different from that which the compan ,s was incorporated to build. The location 2 os submitted for approval must substantiall folowth route filed in the office of the Secrt
 tary of State. This the engineer admitted ha
 not been done. In New Haven the roai
 started 4,oo0 feet further west than va
 shown by the map in the Secretary of State' office, at Hartford, while Mir. Davenport
 claimed that the route in the town of Fail
 field had also been changed. Both lawyer
 agreed that the statute governing the Iayou
 of the road must be strictly followed, M1
 Doelittle adding, If they are allowed to dc
 viate as they choose, they might, in buiIdin
 8 road say to Hamden, go down and take il \ South End"
 MT. Warner denied that there had been, t
 his knowledge, any deviation of moment il
 the layout of the road, as filed in the ofic of the Secretary of State.
 MT. Davenport drew from MT. Schubartl the admission that in Fairfield the line whicl ! the commissioners were asked to locate al