National Republican., 1883-07-03
TEARING UP THE TRACKS.
The War Between the City Of Elmira and the
Lackawanna Railway
An Enort Go Dissolve the injunction
Against the Jersey Central.

ELMIRA, N. Y, July 2-The prolonged
feud between Mayor Arnot, of this city, and
the Delaware Lackawanna, and Western
railway eliminated this afternoon in open
personal warfare between the authorities OH
both sides. Elmira, ut the instance Of tho
mayor, has fought the Lackawanna at every
point; first, to prevent them from laying
tracks through the city, next, to limit the
facilities and approaches to the depot, and
finally, to stop the location of single
track communicating with the local freight
depot in the heart of the city. On the merits
of this fight the election of municipal officers
in several wards has turned. Finally ma
jority of the common council favorable to the
Lackawanna road was secured, but Mayor
Arnot being still opposed, vetoed every ac-
tion favorable to the Lackawanna. The COM
mon council voted the railway company the
privilege of laying single track down State
street to Fifth to connect with the company's
land and freight depot below The track was
laid across Fifth street instead of merely to
it. Mayor Arnot, through Street Commits
soner Roman, sought to tear up the track
because it ran across the street. Tho
Lackawanna men then ran locomotives
and cars upon the rails to prevent this.
While the cars were off temporarily this
afternoon the mayor and gangs of men began
tearing up the tracks. Alderman Peters, of
the seventh ward, who is station agent for
the Lackawanna road, interfered and ran
cars down on the road. Peters and Switch
man Brown were arrested for violation of the
ordinance regarding the bockading of the
streets. The mayor and his men continued
tearing up the rails, and he with his chief
assistants was arrested for malicious trespass.
Bail has been given all around, and red hot
fight is promised between the millionaire
mayor and tho local Representatives Of Jay
Gould.
TRENTON, N. j., July 2.-Application was
made in the United States circuit court this
morning for the vacation of the injunction of
Saturday last granted on tho application of
William b. Dinsmore, of New York city, to
restrain the Central Railway company from
paying over further money to the Philadel-
phia and Reading company pending the final
hearing on rule to show cause why the
lease of the former by the latter company
should not be annullcd. President Gowen, of
the Philadelphia and Reading company, made
the application. With him in court s.were
President Little, Of the Central road; ex-
Chancellor Williamson, o; Elizabeth; A. G.
Richey, of Trenton, and George X. Kaerchier,
of Pennsylvania. Edward T. Greene and
Barker Gummere, of Trenton, appeared
for Mr.. Dinsmore. Mr.. Gummere objected
to the motion on tho ground that
no notice had been given. President
Gowen replied that no notice of the applca-
tion for the injunction had been given.
Worse than that, the defendants had not been
permitted to glance at copy of the bill of
complaint. Although the court ordered the
bill to be produced, the printer, in whose
hands it had gone, Indignantly refused it.
Even yet the defendants had not seen the
bill a copy, although the order of the
court was published in every city of the
country, and they had to9come into court to
argue blindly. Mr. Gowen, with permission
of the court then read affidavits of President
aud 1har Enutn 10 chT fhatt
lease of the Central road was executed with
the full knowledge of Mr.. Dinsmore,
who had not objected to it. A copy of
the lease was produced, after which Mr..
Gowen proceeded to argue on his motion.
He opened by giving history of the relent-
less struggle waged between the Pennsyl-
vania and Central roads for the past two years.
On May 8 last the directors of the Central
company approved a form of lease to be sub
mitted to the shareholders and on May II
the lease came before the shareholders. Mr.
Dinsmore knew it would come up. He was
not present. but he voted by proxy for board
of directors known to favor The lei4'e There
was not dissenting vote against the lease.
Formal and legal possession of the road was
conveyed to the Philadelphia and Reading.
What right had Mr.. Dinsmore to ask for the
setting aside of lease that he had approved
and practically voted for2 Does he fear any
injury to his one thousand shares of stock ?
If so Mr.. Gowen said he was ready in one
minute to put in the hands Of the court
security double the value of Dinsmore's
stock. Mr.. Gowen charged that the in
junction was desired merely to cripple the
Philadelphia and Reading company's
finances, and give rise to the impression that
it was unable to pay its Indebtedness, so as to
depreciate the general stock and allow the
Pennsylvania company to buy Central road.
The bills for freight and tolls on the Central
are not payable till July 49, and all the
hand ia rauuirpU Ia
discharge interest and rentals falling
due to-day. If the injunction stands,
it might result in millions of damage
to widows, employees, and other poor
people, merely to crafty miserable clique
of stock gamblers who make use of the court
machinery to carry out their transactions.
If necessary, security would be given the
court that the revenue of the Central road,
till the rule to show cause is argued, shall
be used only TO defray actual
expenses. A warm discussion followed,
because the bill of the complainant a copy
thereof had not been produced. President
Gowen in reply to Mr.. Green, said, that
for three years he had been compelled 10 con-
duct fight against Mr.. Green's client such
as no mortal ever before waged, and this was
a specimen of the warfare used against him.
Finally the court ordered that the original
bill be procured from the printers, and u re-
cess was taken until 2:30.
Before adjourning Judge Nixon said in
issuing the order last week he had declared
that he would dissolve the ioiunction in case
security was given that the revenue of the
Central road be used only to defray actual
expenses till the question Of the case is set
tied
This afternoon the discussion respecting the
injunction against the Philadelphia and Read
ing railway by the Pennsylvania railway was
continued President Gowen charged that
there was not single statementin the bill on
which the injunction had been granted that
was not susceptible of contradiction. If the
injunction should hold theIReading company
would be unable to carry on business, and de-
moralzation would ensue among its employees.
With the consent of opposing counsel the
court finally agreed to dissolve the injunction
on the filing of II bond in the sum of $250,00O
that the Reading company retain as a sepa-
rate fund, subject to the order of the court,
all the moneys received from operating the
lines of the New Jersey Central, except such
as are necessary to pay the expenses of con-
Quoting the said road. Samuel X Wilson and
Henry S. Little of Trenton, and Franklin b.
Gowen, of Philadelphia, were accepted as
sureties A motion for the appointment of
an examiner to take testimony was laid over
until tomorrow.
The TewlSsbury Trouble.