New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-07

RAILROAD INT ERESTS.
FEDER,L AND STATE JURISDICTION.
JUDGE AcnEsoN's REASONS FOR DECIDING IN

JUDGE ACHEsON's REASONS FOR DECIDING IN
FAVOR OF THE UNION TRUST COMPANY.
PrTTsBURG, Dec. @ (Speciai).-The Union Trust COM
pany OF New-York granted Judgment ior
747 rs by the United States Circuit Court tooay
on so much OF the Rochester and Ptsburg Railway ~
lies within the limits of this State Some important law
points were decided by Judge Acheson His opinion se's
forth 1t has been authoratively adjudged that whe'o
corporation created by the laws oseveral STATES i suo"
In Federal any of those States 1t must DC "
garded for the purpose OF jurisdiction as ctizeh ol "
United States whatever its citizenship may he elsewhere
Hence is valid objection to the jurisdiction OF '
conr that the plaintiff is corporation OF the state OF New"
York and defendant corporation formed under inc
statutes of Pennsylvania and NewYork by the consoda
ton of several companies some OF which were organeu
under the laws of the former State and others under
the laws of the latter BY virtue OF such consolidation
the constituent companies merged Into each other anu
became corporation. Hence the Judgment here s'
on. which was duly obtained against the consolidated
corporation in the State court in the state OF
Is binding on the corporation everywhere Whether vi
not the provisions the constitution OF Pennsylvania re-
lied invalidang the defendants issue OF bonds the
subject matter of the judgment, have any application 10
Obligations OF this consolidated company issued IN ne
State of NewYork under the authority OF and In ac-
corance with the laws of that State It Is not necessary
TO consider as Judgment rendered is conclusive upon
the defendant and the not open To inquiry upon inc
merits. ., ,o
brought upon judgment rendered in court OF record OF
that state without previous order OF the court in when
the original action was brought. granting leave u Drng
the suit he held intended only TO regulate
the OF procedure in the New-York state Court ~
Is established principle that State legislation cannot
any wise impair or limit the jurisdiction or the Umteu
States. action Of debt viii he judgment OF an
other State Notwithstanding the pending of an appeal or
writ of The jurisdiction Of this court over the sun
ject matter Of this litigation not affected by the pea
proceedings in the Court OF Common Pleas OF Elk county,
PENNSYLVANIA, in which the custody of certain railroad
property has been committed 70 receiver; nor VIII te
prosecution of this action TO Judgment III
any degree interfere with the receiver in the discharge
of his duties Upon the whole IL TO the Court that
the aadvits of the defence disclose valid ground for
denying judgment in favor OF the plaintiff Therefore
Turned against the defendant must be made absolutely
and II is so ordered
PROCEEDINGS AGAINST THE TRUNK LINE POOL.
PrTTsBURG, Dec. psciab.-D. T. Watson filed two
petitions United States Circuit Court today In be-
half OF Cassidy. One asks that he be
allowed to institute equity proceedings In behalf OF Ed
ward W. Kinsey against the Buffalo, New York and Pha-
dephia Railroad Company and g. Clinton Gardner, re-
cever to test the legality Of certain agreements form
ing what Is known the "Trunk Line Pool" and to en-
Join defendants The other petition asks that the Attor
neyGenera be allowed to begin proceedings on the part
Central Railroad Company and Philadelphia and Lake
Erie Railroad Company, against the Allegheny VALLEY
al John Scott and william Bauer also TO test the legal
y Of the Trunk Line Pool Judge Acheson granted leave
10 begin proceedings.
UNKNOWN CONTROL OF THE NEW-ENGLAND.
The mystery in regard to the control of the NewYork
and gland Railroad has not been relieved and
Wall Street is filled with rumors in regard probable
changes in the management The admitted facts appear
that majority of the stock is held in Newlok and
that is the hands of brokers whose principals are still
succeeded Henry Willard in the management of the Ore
gon companies. would be the next president OF the com
pany MIR Smith said Yesterday that he had been asked
before Charles p Clark was made president, accept
the Office but he declined It, In regard TO the current r
Mr. Smith refused 10 say more than That he ha no
time to spare from his other duties. Private dispatches
from Boston, received In this city stated that Jonas H.
French. OF Boston former director OF tne road ana now
large stockholder. had been mentioned as probable
candidate for the presidency All The indications point TO
lively meeting of the Stockholders In Boston next Tues
day, and to an exciting election
MISCELLANEOUS RAILWAY INTELLIGENCE
PHILADELPHIA Dec. tSpeeiab. Masters Dallas and
to-day in the suit Of william
Robinson. of York. for foreclosure OF the Phil
delphia and Realing. Mr. Ashhurst made an argument
in behalf OF the income mortgage bonds contendng that
this interest constituted first lien the companys
property after the execution OF the general mortgage
The representatives or the soft coal companies shipping
the seabOard will have their percentages arranged by
Monday next and the pool will take effect in January
The Beech Creek which the developed OF the soft
coal fields has made such rapid progress that II wants
eleven per cent aud the Norfolk and Western and the
Cumberland regions Will all get larger quotas than last
year.
January has been absolutely fixed for the separation OF
the Reading and jersey Central properties the former
having given fun assent thereto. II Is stated to-day that
the accounts between 'he TWO roads are Ill process oi
adjustment and that there will he no exchange OF money
tween the Norfolk at Western and the East Tennessee
Nirinia and Georgia Railroads with view the lease Of
the latter 10y the former have been completed IL Is stated
East tennessee Is earning - fixed charges which
amount To 81 l,O72,OOO, aud that The company has
81 800 900 In its treasury The lease Will make the Nor
folk and Western trunk line and secure tO beyond all
peradyenue immense through business which might
otherwise he diverted Ia the Richmond and Danvc and
the Western North Carolina roads 1t will also give the
Norfolk and Western connection with the Texas anu Pac
fc and with Chicago.
CHICAGO, Dec 6The decision OF the arbitrators In the
matter OF Southern Kansas basing rates for freight
was formally promulga this evening. provides that
local tariffs being established from time TO time between
Kansas City and the Kansas junction points under con
sderation the tariffs between ST. Louis and such junction
points shall be based follows: TO and from Empora,
Newton, Halstead, Hunnewell, Olathe, Arkansas City.
McPherson Hutchinson and Caldwell shall be the OF
the locals. via Kansas City. To aud from Clearw ater,
Argonia, Humboldt, Colony Independence kingmalI.
Burlington. ottawa, Wichita, EldOradO, Augusta, Belle
Plane Usage tity and Winfield. shall be % per cent OF
the of the locals To and from Peasanton Garrett
lola, Chanute Cherryyale Coffeyve. Paoo. NeOshi,
Eureka ELK City and Severy shall lie 80 per of the
locals 10 and from Columbus, Halowell, Fredonia and
shall be So per OF the the locals To
and from rttsburg Walnut. Galena Fort Scott Cherokee
ana Girard shall be 50 per cent of the locals.
PITTsBURG. Dec tspecab.-The stockholders OF the
Pttsburg and Connellsyille Railroad the Pittsburg
division Of the Baltimore and Ohio their annual meet
ing in this city to-day. The reports aatering The
earnings for the year ending September 80 were
$2.430,SS5 10. The working expenses for the same
period 81 ,5S7,6 u. The net earnings were
sS42, APO 9S. The earnings $i3O124 81 more than
those OF the previous year and the expenses increased
1851 l23 53 showing net Increase compared with the
preceding year Of $69,OO1 "a. John ". ChalfaDt and
the Board These the only changes in the directory