New-York tribune., 1885-07-09
DIVERSION OF TRAFFIC.
A SUBSTANTIAL VICTORY FOR THE ERIE RAILWAY
HOW BUSINESS IS TO DE CONDUCTED.

A SUBSTANTIAL VICTORY FOR THE ERIE RAILWAY
HOW BUSINESS IS TO BE CONDUCTED.
An Injunction was recently obtained by the
Chicago and Atlantic Railway Company restraining the
Eew-York Lake Erie and Western Railway Company
from divertng traffic from the former and also from
diyertng the Great Western Dispatch fast freight ne
In the United States Court yesterday Judge Wallace
handed down q decision substantially vacatiDg the
Injunction
After the change the administration OF the Erie last
fall the relations between that company and the Chicago
and Atlantic (of which Hugh J. Jewett continued
presdent after his retirement from the Erie became
aouewhat strained. With what appeared TO be the
purpose OF embarrassing the Erie the Chicago and
Atlantic after January refused to take freight Tor
points Erie current rates The result was that
large amount of freight was the Erie
other The Erie protested but receiving no salts
faction 1t took the into Its hands and made
arrangements with other lines to take ts West-bohnd
business receiving from them their East bound business
IN return. The Chicago and Atlantic In consequence
found Itself losing business and made claim that the
Erie breaking its contract About May SUI! was
and Atlantic against the Erie compel the latter give
70 it ali its traffic aud from Chicago aud points between
Erie from dlvertng traffic from the Chicago and Atlantic
and also frpm divertng the Great Western Dispatch
The Chicago and Atlantic claimed that under certain
traffic with the Erie made during Mr. Jewetts
administration the Ere xas Obliged 10 ssma % no S .s &
Atlantic. Tae Erie. however, claimed that the chicago
might have existed by refusing to take traffic destined
10 20 over the Erie at the ordinary rates.
The suit was removed 10 the United States Circuit
Court on the petition OF the Erie Company. and the
motion dissolve the injunction was argued before
judge Wallace at Syracuse on June 49, Judge Wallace
IN bis holds that the action OF the Erie Company
was violation Of the traffic agreement and that
there was nothing the 10 compel tho Erie to
give any business whatever to the Great western DIS
patch nasnuch as Il appeared IN some OF the adavs
that small quantities Of freight which had been actually
shipped Dy the Great Western Dspacb aud received OF
it, agents had not been sent 0Fer the Chicago ana
Atlantic, Judge waace.sad that the latter company
might have injunction restraining the Erie Iron
dverting any freight which had been shipped by the
Great Western Dispatch and received by II from the
Chicago aud Atlantic Judge Wallace holds that the
EewYork Pennsylvania and Ohio the Enes leased ine
never party 10 the Great western Dispach CON
tract and. TO it. the Injunction wholly vacated
Judge Walark's decision Is substantial victory Tor
Che administration Of the Erie. The cnect In 10
allow the Erie 10 conduct It's business In the manner
deems most advantageous 1t being Obliged to give 70 the
Chicago and Atlantic only the proportion OF west
bound traffic the Chicago and Atlantic gives To IL OF
East t-bound. The scope OF the modified injunction ia
tegsrd the Great Western Dispatch Is merely 70 aDw
ths Chicago and Atlantic send over Ito own line any
business 1t itself secure for the Great western
Dis patch