Morning journal and courier., 1883-02-07
SOurusI artS GOurisr.
Wednesday. Feb. ., 1888.
The Parallel.

The Railroad Com mm11SS1OmsTS nave Doubts to the APPlicn ton. The hearing yesterday in the bar library
 room by the Railroad Commissioners on &C.,
 cepting the layout for the New York, Con necticut and Air Line railroad was in behalf of the successors to the projectors of the original scheme for a parallel road to New
 York from this city. Among the original
 projectors are s. E. Olmstead, of Norwalk,
 who has been identified with the project
 since the time of it's inception H. R.Parrott,
 P. T.. Barnum and A. L. Winton, of Bridge
 port, and ex-Governor WIT. Minor, of Stam-
 ford. Since the inception of the scheme
 many changes have taken place in the per
 sonnel of those in interest, but the purpose
 has in one way and another been kept alive.
 The present company was organized in Octo'
 Der, 1881, after the failure of the Connecti-
 cut and Eastern company to secure ap-
 proval of it's layout. The hearing yesterday
 was by adjournment from January at Hart
 ford. It was stated by one of the interested parties that the plan was first to build the line from New Haven to the New York State line with the view in future to make it part of 8 short steamship line to Europe by way of Newfoundland. By taking 8 steamer at Halifax instead of New York the ocean voyage to Europe is reduced from 3,200 to l, 500 miles. It was also said that A. l.. Blackman, of New York, one of the heaviest financial packers of the New York, Connecti- cut and Air Line, is now building in New foundIand 8 section of railroad designed to form link in the line of travel connected with the short steamship line, and that the capital stock of SC, GOO, 900 has been increased | by subscriptions of $75c, ,O00.
 At the hearing yesterday Alvin P. Hyde, | of Hartford appeared for the petitioners, | n 1uSv1 1f ifxf f0r Ina Hor \ ford and Harlem company; Hilton E. Doolit- | tie for George B. Grinnell, Milford prop \ erty owner, whose land is crossed by the sur veyed line. The Consolidated road did not 1 appear to be directly represented. Col. Fl. | W. R. Hoyt, of Greenwich, Hon. Luzon B. | Morris and J. Fl. Perry, of Southport, were | in attendance, representing private property 1 interests Corporation Counsel Driscon ap- peared for the city, the road crossing the city limits. It intersects West Haven, passes close to the St. Bernard cemetery and runs
 43O feet to the west of the Derby depot.
 Mir. Hyde made the point that the filing
 of maps of survey, with the layout, in the of l flee of the Secretary of State, after their ac- ceptance by the company, constituted an &C., ceptance, but he also would offer record of the vote of the stockholders meeting.
 | Simeon B. Baldwin said this was insufi l cient proof of acceptance, as at that time the
 company had not perfected an organization.
 He also claimed that acceptance to be legal I must have been ratified by the directors l Furthermore, the stockholders had not the
 corporate authority to approve the layout 1 until they had perfected their organization
 by electing directors and officers. The ac l ceptanc6, as he understood, had been voted by the stockholders before this was done |; l neither had their action been ratified by the l directors.
 | Mir. Hyde insisted that the certificate of l the seal of corporation was admissible as | proof and constituted positive proof.
 The commissioners, after consultation, de- { cided that certified copy of the record of
 the stockholders doings was not sufficient ;; I the original record must be produced.
 MT. Hyde offered certified copy of cer tain doings at a meeting of the directors held
 meeting c. B. Sidell reported the filing of | articles of association and also the profile maps and the description.
 This was objected to by Mir. Baldwin on | the principal ground that the original record | should be shown. and that the meeting of l directors was held outside of the State. Mir. Hyde contended that the papers he | had submitted comprised presumption in favor of the company which it would re- quire evidence to combat, and that it was \ customary for other roads doing business in this State to hold meetings out of the State. ! MT. Baldwin's objections were overruled, | the opinion being given by Mir Woodruff of ! the commission, who said the board did not ! intend to let their action be guided by oppo- ! sition based on small technicalities; that Mir. ! Brown, whose certificate had been offered, was the secretary of the company and that | stockholders and directors had taken the ac- tion represented, they should assume to be ! facts until the contrary was shown.
 | MT. baldwin objected to NIT. Hyde offering a resolution passed Monday by the ! directors at 8 meeting held at their office in \ Pine street, New York, which ratified, con- ' ol1 ,k,IJ11 AF,o, \ description previously filed He suggested | the applicants could file new application. Mir. Hyde: "Oh, yes We can keep on de laying until the company you represent-the Hartford and Harlem-get a chance to come I in and secure the benefit of our line Your company has already copied our maps and would like to secure the benefit of all the work our company has done.''
 The commissioners retired for consulta- tion. Presently, Commissioner Woodruff said ''We find no defect in the application made in behalf of the company by Mir. Par
 rott nor any fatal technical defects in the notes of ratification passed at the two di- rectors' meetings of which the records have
 been submitted. But these votes ratified
 only the articles of association, the maps, etc. They did not ratify specifically the de- tails as to property desired to be taken, the width of the line and other matters covered by the application. Whether the directors of the company can now correct the existing defects in the preliminaries is a question which the commission is not now prepared to pass upon. We will adjourn to allow the directors to remedy the defects we have pointed out and will then hear arguments as to whether this action is sufficient"
 Mir. Hyde wanted further edifcation.
 Mir. Woodruff said that the company had only ratified the maps, articles of association and the engineers report. None of the pa- pers presented gave details upon which the commissioners were to pass when the layout should be considered. He said: 'EThe maps are skeleton affairs showing the route of the proposed road. The property ques tions-the quantity of land and the owners of each piece-are not shown, and yet this is what we are called upon to decide. Whether your directors can now meet and correct these deficiencies is 8 matter which we should like to hear arguments upon. I take it for granted that the required ratification will be performed at once"
 Mir. Hyde said it would. It was then agreed to adjourn, to meet again in the com missioners' office in Hartford, commencing at 12 o'clock on Wednesday of next week.
 These were present yesterday the author lties of West Haven and Orange, interested in the crossings of the highways, with J udge l Morris as counsel for West Haven. Colonel Hoyt represented Greenwich property own CTS, who objected to the layout. There l were also present MI. Perry, of Southport; | T. w. Downes and A. l.. Winton, of Bridge port, connected with the company and otherSl interested as remonstrants to the road.
 Mir. Hyde and the gentlemen urging the | interests of the Parallel professed to believe that the commissioners will admit their I amended application Should this effort be I the younger enterprise-the Hartford and | Harlem-may supplant this old Parallel | scheme.