The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-19
AN IMPORTANT DECISION
Ths South Pennsylvania Railroad JeFEsd
From the Jaws OF Monopoly,


From the Jaws OF Monopoly,
PITTSBURGH, Oct. lS,-The Supreme
Court Of Pennsylvania this morning rem
dered decision in eleven words, which
Is worth more than amillion dollars each
to the parties in interest.
The appeals Of the Pennsylvania Rail
road Company aud the Northern Central
Railroad Company from the Dauphin
County Common Pleas Court, which was
the "Bsech Crack" case, and the appeals
Of the Pennsylvania R1ilroSd Company,
the Bedford and Bridgeport Railroad
Company and the Pennsylvania Company,
also from the DAuphin County Court,
which were the South Pennsylvania
cases, were dismissed by the Supreme
Court
The decisions ware Vabatm as fol.
lows;
"Appesls Of tho Pennsylvania Railroad
Company, the Bedford and Bridgeport
Railroad Company aud the Pennsylvania
Company. Common Pleas Of DAuphln
county, @, ?. May term, 1855.
"Decree atIirmed Gnd each appeal dis :
missed at the costs oi appellant"
"Appeala oil the Pennsylvania Railroad
Company and the Northern Central Rail.
road Company. DAuphln county, O. P.
May term, 1885 Decree affirmed and
each appeal dismissed at the costs OF the
appellants"
0nlya couple OF newspaper men knew
in advance that the deCaions In these
cases would be rendered today and the
consequence was that there were few peo.
pie Ia the court room when the court
opened,
Justice Gorden presided and read short
list OF cases In which there were per curiQm
decisions. The South Penn cases were the
last to be decided and tho few attorneys
present who were Interested, had given
up hopa OF decision to-day before It
came. D, I. Watson, E'q, aud Knox &
Reed, who were attorneys for the South
Penn, glanced through the decisions and
then hurried away to send the news to
their Eastern clients.
II regard the Gsses as finally settled"
remarked Mr.. Watson, although this is
merely on the application for q prslimin.
Ary injunction"
Other attorneys who were spoken to
fully agree with this view Of the case.
The decision Of the Court Eustsins that
Of Judge Simonton, granting at the In.
stance OF Attorney General ORssiday, q
preliminary Injunction iorbiddlng the
transisr Of tho majority OF stock In the
South Penn Company to the Northern
Central Railroad Company, The latter com.
pSny Is the Pennsylvania railroads line
from Harrisburg to Baltimore. II also
iorbids the transfer OF tho majority Of
stock in the Boeoh Greek, Clea'HeId 4
Southwestern Company to the BJdford 4
Bridgeport Railroad Company, q small
branch limo controlled by the Pennsyl.
vania Railroad.
This leaves tho South Penn system iu
the hands OF the orlglnators Of the ROheme.
The controlling Interest, although nom.
inRlly In the possession OF the Vauderbllts
aud their friends, Is nov said in In reality
TO be controlled by the minority party,
which iavors the completion ot the
road.
Tho Vanderbilt being deslrous Of set
ting tue battle between the New York
Central and the West Shore roads, agreed
To sell South Penn and nssch Greek to
the Pennsylvania Railroad Company II
they IN return got the West Sacre. The
latter part ol tho bargain was carried out,
and the West Shore Is now controlled by
the Vandorbilts. They ara said to be no Y
not sorry that they cannot fulfill their
part Of the bargain, aud 1t Ia also daid that
they are willing 10 70 on and complete
the South Penn. The recent construction
OF branches OF the Pittsburgh, McKees.
port and Youghiogheny toward the line
Of the South Penn seems to carry out this
impression.
1t lie said thai the Pennsylvania Rail.
road Company can now have the case 10
before master and take testimony as to
whether the injunction shall be made
permanent. Should this hs decided
against the P. R. r, as 1t prob4bly would
he, then the Csso could be taken to the
United Statos Supreme Court. This does
not apply to the Beach Creek case. tap.
plies only TO the South Penn case and be!
cause OF the connection ot tho Penn
sylvanis Company With that case.
The charter Of the Psnnsyl.
vanis Company allows II TO deal In stocks
OF other roads and do pretty much what
ever else 1t pleases. Judge simonton de.
Cided the company had no power to deal
In South Penu stock, because II was par
allel aud competing road to the p. Il. r.,
which owns the Pennsylvania Company.
This decision is Aaid by a railroad attorney
to be violation Of the charter rights Of
the Pennsylvania Company and hence 1t
eau be taken to thu Supreme Court Of the
United States on the doctrine laid down
In the Dartmouth College case, which doc
trine, however, is practically not now held
by that court