New-York tribune., 1885-08-16
RAILROAD INTERESTS.
THE SALE OF THE SOUTH PENNSYLVANIA.
OPPOSITION TO MR.. vAyDERBILT-FRANKLIN B.
GOwFNs POSITION.
fBr TELEaRArH TO THE TRIBUNE


fBr TELEdRArH TO TIE TRIBUNE
PrTTsBURG, Aug. 15.-RaIph Bagaley's
Chronicle Telegraph this evening publishes the follow
ing:
Even though the South Pennsylvania road may
have been sold by Mr.. Vanderbilt and the goods de.
may yet be upset Every day new hope g gained by
those who opposing the sae and aecessons to their
100000 subscription with vanderblts THIS {.
Mr. TwomSIey day before yesterday that
he wish ed enter his formal protest against the sale
holder was satsied and agreed to the terms. He de-
manded that formal notice OF his protest should be sent
TwomDley, W. K Vanderbilt, Dimmock, Hostetter and
other Dr. II0seter received his notice OF Gowens
MI Gowcn is the best posted railroad lawyer In the
country. His protest will have great weight. WltI
such man TO assist us. expect TO make tght
which will win. Mr. Gowens protest Is emphatic ana
clear and there is no mIstakng IT," w.
" Has Mr. Carnegie really joined his forces with Van
!" They claim that he has, but I do lot believe it.
have been unable to obtain any definite niorlaton as
to what Carnegie will do: douot very much whether
give us a combined which will amount almost to
control IL will be difficult to refuse the claims OF so
large a minority
"a A. Barker and others Interested In tho right OF
way grant have been In consultation with you. VIII
they combine their interests with yoursP -,
"Yes. think they will. Our interests are all the
same and we want the road built We have not as yet
settled upon the plan of our suits nor exactly what form
they take There great deal to be con sidered and
arranged before suits are brought"
A dispatch from Harrisburg says:
Il Is confidently asserted In some official circles that
the Attorney enera of the Commonwealth Will inter-
pose to prevent the consummaton OF the bargain be-
tween Mr. Vanderbilt aud the Pennsylyania Raiiroaa
Company, by which the South Pennsylvania and Beach
Creek Railroads come under the control Of the PenDsy
vania Company. Section OF Article II OF tho Constr
tution specifically prohibits the consolidation, or merg-
ing Of competing railroads, or other carrying corpora
tons IL has always been held that Legislation was
necessary make the provision operative and during
years that have elapsed since the adoption OF
the Constitution the Legislature has refused to adopt
the appropriate legislation.
IL is said that the process which the Attorney General
win adopt will reach the question, Notwithstanding the
failure OF the Legislature to adopt the appropriate e
islation." The South Pennsylvania and Beach Creek
railroads chartered by the State since the aa9p-
ton Constitution OF 1878, and consequently be
came ameuabe its prohibtory clauses without addi
tional legislation Those shareholders In the two cor
pont.ons to be absorbed will apply to tho Attorney
General mandamus to prohibit the majority snare
holders from dspong of the franchises granted TO lne
roads in that way aud the Attorney-Genera VIII rule IN
their favor and ask Governor to revoke their cnhr
ter The best lawyers express the belief that this course
will defeat Mr.. vanderbts scheme and compel hiIn 10
proceed with the work OF building the roads or FORFEIT
his interest, which amounts to something IKE
-. 600