The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1885-09-30

fish. There are many mucsy hollows ana
low places, producing nothing but coarse
grass and weeds, that can be covered with
water and stocked with carp, thus making
It the most profitable land on the farm, and
Supplying the table with a fine quality of
fresh fish whenever wanted.
The fall IS a good time to construct your
ponds. directions for which will give in
future paper II. III. FLICK,
Mayfieid Farm,
Lavansyille, Pa.
XowES N THE GAaE-THE South PESN
AGAIN Is CoURr.
II was freely predicted that when Frank
lin b. Gowen, the lawyer, president OF the
Reading railroad got home from Europe he
would take hand in the South Pennsylvan-
ia deal. He has doneso, and in vigorous
manner. His interference comes in the
shape Of suit at law TO prevent the abandon
ment of the new line The suit is in the na-
ture Of bill in equity against the South
Pennsylvaaia. the Peemickv, the Lake Erie.
the Lake Shore aud the Pennsylvania rail
road companies; also the American Con-
structicn Company, VIM. X. Vanderbilt,
II. Mex Twombley, F. B. Gowen, II. ID.
Hostetter, Henry F. DImmoek. VIM ii.
Vanderbilt, Andrew Carnegie. Darius o.
Mills, Oliver II Payne, William C. Whit
ney, Stephen b. Eikins. Henry o. Frick
Edmund NJ Ferguson John y. Hutchinson
Edward C. Knight, John d. ROckafelar,
William Roekafellar, Robert H. Sayre.
Francis Lynde Stetson, John keane, John
{. Brookman, Charles Borie, Henry Borie,
Henry D. Brookman, Augustus Schell's ex-
ecutor, Colgate and Company, George J. Ma
gee, Christopher Meyer Henry Phipps, Jr..
Henry Watson. John NJ Chalfant, H. Sell
lers Mckee. Benjamin F Jones. James J.
Belden. Darlington and Casey, Horace A.
Hutchins, Walter 7 Hatch and SoEs, James
MeCohb, W. and p Smith, VIM. II Tilling-
hurst, Ralph Bagaley, George DEB. Keim
and J Lowrie Eel
THE BAsIs or TIE sCIT.
The plaintiffs claim that the abandon
meat of the Vanderbilt line would violate
contracts entered into between the South
Pennsylvania ard the Reading. December
Ilth, 1882. which the latter say would de-
prive them of the benefits which would
have accrued to them from the faithful per
formance of the terms and conditions Of the
contract and involve them in great loss and
cause injury to accrue TO them which would
be irreparable and could not be adequately
compensated in damages. 1t is alleged that
on the strength of the contract the Reading
entered into partial agreements with num-
Der of railroad companies and that the ADAM
doument Of the South Pennsylvania enter
prise would deprive it of large amount of
business The contract between the Read
ing and South Pennsylvania provided that
the lines of the Reading, the Pittsburgh, Nc
Keespo-t and Youghiogheny. the Lake Erie
and South Pennsylvania companies should
be used for the interchange OF traffic so that
all traffic from the line of one should pass to
and over the lines OF the Others. and the
Reading and South Pennsylvania agreed
that each of the said parties should have an
easement OF leasehold estate upon and oyer
the lines Of the other, to be exercised for
the movement of traffic in case either of the
parties should fail to comply with the cove
nants in the agreement in respect thereto.
VESTED RIGHTS ALLEGED.
The plaintiffs aver that by the agreement
made it was provided that the Reading,
Piitsburg Mckeesport and Youghiogheny,
and Lake Erie companies guarantee the pay
ment of interest on the 81, 900, coo bonds to
be issued By the South Penn to the ex-
tent Of % per cent of the gross earnings up
on traffic carried over or upon the lines OF
the gt.arantor coming from or over the line
of the latter company. The Reading. Pitts
burgh Mckeesport and Youghiogheny, and
Lake Erie, also covenanted for the period OF
10 years TO make good any deficiency which
might exist in the net earnings of the South
Pennsylvania to secure the payment of the
interest on the bonds agreed to be issued. Ii
is set forth in the bill in equity that the
Reading in pursuance Of the obligation i'm
posed upon it by the terms Of the indicated
agreement. has expended over $4,000 to
provide a connecting line from its Lebanon
Valley line 10 that of the South Pennsyl-
yania at Harrisburg. II has acquired prop
erty for night OF way aud entered contracts
in relation thereto. which are without value
to the company. except for the purpose of
establishing the proposed connection. The
attorney for the Reading declines to make
any statement concerning the reasons for
the suit other than those given in the bill.
IL is believed however, thai this is the first
of series of moves in which franklin B.
Gowen viii make his power felt