The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-01-20
THE SOUTH PENN
AND lTs FRoBABL1 1UGURE.
Precedent GOgsa'' IntsrOst in il Compile.
tIan-HOW the Courts Nay Order the
WoFktObS COntIhpSd..AdyApIAEss
Mr.. TVomblsy and the vaudsrbllts.


PHILADELPHIA, Jan. l9.-A New Yorh
special to the Philadelphia Prsa says, The
situation in Pennsylvania has been mate
rally changed by the decision Of Judge
simonton making the injunction against
the purchase Of the South PennsylVania
permanent, for the conditions are very
different from those which existed at the
time the agreement was entered into.
~ don't think the decision could have
been very much Of q surprise to the Penn,
sylyAnla people," said gentleman who
has been thoroughly familiar with the
affairs CT the South Pennsylvanig since ita
projection, sand yet 1t seems to have non,
pluSaed them for The moment. Judge
Logan was unable to say what action they
would take, but President Roberts de.
waited from his usual custom Of taking
holiday on the last day Of the week and
came down TO his office for consulta
ton. / presume that their object il
10 stAYe of Y final decision until they
can devise some new plan or obtain some
concessions which will prevent the road
rom being pushed through to their dstri-
ment, but think that the decision Ia 90
sweeping that there is hardly q ray Of
hope that II will be reversed by the Su
preme Bench. / understand, though l
can't Of Courae state 1t upon authority,
that Judge Slmonton consulted with sew.
4rAl justices OF the Supreme Court prior t.
writing his declsion, ,and ex.Judge Agnew's
stand on the case mGSt have confirmed
him In his position. You have noticed,
probably, that he holds the South Penn.
,ylvaniR TO be a parallel line as soon a.
Is charter was obtained and construction
begun, though 1t would not beR competing
road until II was finished, and his decis.
ion Ia undoubtedly in perfect Conso.
nance with the feellngof the people Of the
State.n
"WhRt will the Pennsylvania managers
do, In your oplnlonP"
II do not think that they will endeavof
70 make any further opposition II the ap'
peal goes against them, which think Il
will. You remember that President Rob.
srts testified that he personally was oppos.
cd to the acquisition OF this inChoate line,
out said that he was oVerruled by his
Board OF Directors, who felt that the op
position would be too dangerous TO thelI
interests not to bs cut OIL II possible. The
inal decision ought not to be long post.
poned, for understand that the
Attorney General has agreed to waive all
technical objections which would delay
the prompt taking Of an appeal to the
State Supreme Court, Some lawyers
aold that considerable legal proceedings
must intervene before the case could 6e
put In shape for It's consideration, while
others hold that an appeal could be i'm
nedlately taken and entered upon the
ioCket. The Attorney General having
consented, as / understand, 10 take the
latter view, dnAl decision ought TO be
expected before the Summer vacation
CAN COMPLETION LIE ENFORCED.
"supposing, then, that the Psnnsyl.
'ania Is finally. ,snloipsd from laying It's
hands on the enterprise, how can the com.
pleion Of the road be forced2 The syn.
llcate sayu its assessments upon tho call
Il the American Construction Company.
This company consists Of no one but Mr..
rwombley and his clerks and, more than
that, Twombley, with the 100000 Of
stock issued to him in consideration Of the
transfer Of charters, franchises and surveys
acquired, holds a majority Of the stock.
HoW then can he be driyon 10 begin the
construction Of the road over again? viii
the Court be justified In issuing man.
damus 10 compel the Construction Com.
pany To 20 ahead with their work."
~ don't know how that Is. He was
asked the other day by some Of the con.
tractors whose claims have been settled
what he was going 10 do, In View Of the
decision, and he replied joCularly that
when they get ready 70 60 to work again
he thought II quite likely thRthe could let
The contIaets Rt much cheaper rates than |
at first. But Judge Silnonton's decision
affirmed In strong terms the au.
thority Of the State over corporations to |
which II had granted charters, and held
that the Attorney General could apply |
for writ Of mandamuB, which would iS. |
sue, requiring the corporation 10 70 on
and complete It's line, on penalty Of the |
forfeiture Of itg charter, together with all |
lts rights and franchises, and that all its |
property could be escheated 10 the State.
OF course II is not likely that any such |
action would be taken, and, II such 0 |
course OF procedure were entered upon, II |
would, undoubtedly, be bitterly resisted |
and carried up to the Supreme Court Of
the United States, thus staving of de-
cision perhaps for three or four years."
"What will they do about II, then?'
Remember, a. ! said before, that the
situation has entirely changed. When
Morgan undertook laAt GUNNER the settle.
ment Of the West Shore difficulties and
the negotiations for the acquisition OF this
parallel line by the New York Central,
the Pennsylvania people insisted, % d
precedent 10 their cooperation, that the
South Pennsylvania and the Beech Creek,
ClearHeld and Southwestern must be
turned over 10 them-!hat II they were 10
assist the Central In securing the control
OF the West Shore, the latter must retire
from the State OF pennsylvania and leave
that 10 them. Since that time the Central
has got all II wanted. II ID now In com.
plete control Of the West Shore, and what
EemAAhBlu tuluH ~ WAo tuhb uuIkhu
should have succeeded In inducing the
West Shore bondholderB 10 accept 4 per.
cent bond for 80 percent Of their holdings
The courts Of New York have permitted
what the courts Of Pennsylvania refused,
and there is no longer the lnduCement for
the Central people 10 support the Penn.
Bylyania III any further attempt 10 cut OF
this competing line. Mr.. Vanderbilt, who |
was the largest stockholder, Il dead, and
Mr.. DepaW, who took BuCh al active part
10 carrying through the West Shore trans.
fer, has not q penny ot interest Ia the
South Pennsylvania. All The other peo.
pie who agteed 10 accept 8 percent bond
Tor thelt interest are oi cotise absolyed
from their agreement. The Pennsylvania
and the Bedford / Bridgeport being per-
manently enjoined from giving them any
such bondt although the bonds wete duly
drawn, engraved, executed and transferred
10 Morgan, can not carry out their part Of
the bargain. The ayhdiCate, therefore,
A. a.