New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-16
HARD LUCK FOX TIE PENNSYLVANIA
TWO ADVERSE DECISIONS Blythe COURT.
The SOUTH PENNSYLVANIA INJUNCTION con-
TINUED-tFTECr on STOCKS.

"
TIE SOUTH PENNSYLVANIA INJUNCTION CON-
TINUED-EFTECr on STOCKS.
HARRISBURG, Penn, Jan. 1j.-The Daupbin
County Court this morning handed down the long looked
for opinions In the SOUTH Pennsylvania Railroad tiga
ton. instituted by the Attorney General months
ago. The decisions coIchei In rlan language snd
concise in FORM In the first instance IL maintained
that the South Pennsylvania Railroad because OF its
contracts with other roads at It's western terminus
whereby all traffic would be transported from Fort Perry
PIttshurg making It competing line with the Penn
sylyana Railroad Company Before completion 1t IL q
parallel. but after completion IL Ia competing road
The entire opinion recital OF the facts brought ont
the trial and argument and OF vital Importance to
tie case In It's prctent state In conclusion the court
says
We propose hero 10 show merely that the arties In
this transaction not dealing with purely private
m we WI. ~ III. 20, 'n ,.htns. ,there he
we now concerned with the question whelher tnere 10
power Ia the cOnrs to compel the construction OF ia
ROAD by corporation which has under taken H. what
we here denote simply that the corpOratnrs nave no
sueh right 10 sell their stocks In any way interfere
with tne granting OF nn Injunction 70 Iroyen compel
ing corporation from obtaining control OF corporation
charged with the duty OF the constructions We have not
In does not call for the decision OF any
those considered above. The result OF tho
the Pennsylvania Railroad Company. the Pennsylvania
Company aud the Bedford aul Bridgeport Company aud
dissolved to tho other defendants. and decree may
be drawn accordingly.
In the suit Instituted by the Attorney General against
the Beech Creek Clear1eld and southwestern Railroad
Company the Pennsylvania Railroad Company and the
Northern Central Railway Company, tho court, In q
somewhat long opnon finds that the injunction must
be continued until final hearing far tho Pennsyl-
vania Railroad Company and the Northern Central Rail
way Company concerned, and that the evidence De-
require its continuance against the other
defendants After citing the facts Of the case the court
says: We do not think the Pennsylvania Railroad ana
the Northwestern Central Railroad Companies are ia
position to urge before a court OF equity mat the
Article XVII OF the Constitution" Continuing the court
concludes As to the Beech Creek. Clearheld and
south western IL is enough to say That nothing now pc
fore requires consider whether In any case they
are properly subject TO the Constitutional provision In
proven which calls upon 10 continue the inuno
against nem and, far as they are concerned IL
Briefly stated the action that is decided by the
DaUphin County Judges was divided INTO TWO parts VIZ
first the Commonwealth ginst the Pcnnsylvania Ran
, road Company, the Bedford ana Bridgeport Railroad
COMPANY the Penn yvana e ompany, tho south Penn
sylvania Railroad Company William H. Vanderbilt and
Others aud its object 10 restrain the fennSylynla
Railroad Company any parties In Its interest from
obtaining sontrol Of the south Pennsy lvania Road;
second, the Commonwealth against the PennsyiNhn
Railroad Company. the Beech Creek. Clearheld ana
south western Rnirosd Company, the Northern Central
Railroad company and others, the pun pose OF who was
10 restrain the Pennsylvania kallrOad Omlhy o my
parties in s Interest acquiring control OF the Beech
Creek Clarified and southwestern Railroad Company.
In both tho opinions deha' the ienhsiNhhh hai
road Company and Its allied lines from accomplishing
purpose sought by them aud Admitted upon tDG near
ing Of the 10 he desired ny themi nu the anc
tons relates 10 the south Pennsylvanla anu me
Beech Creek Companies ana their stockhoiurr are us
solved IL WAS cOntended all along that 50 Tar IA tue
south Pennsylvania Road concerned the line was
naralel 10 the Pennsylvania Railroad bat NOT strictly
speaking a competing line. and that the beech creek
Road was neither parallel nor competing ro'd 10
the Pcnnsylyanias lines. -,
LrHiA Jan. - (Spceidi. Is announced that
the Peuusyyana Railroad will appeal Ia the supreme
Court Of the the decisions OF the Dauphn
County Court I'm the railroad cases. In consequence 81
the adverse decision brokers Third street were IN
n quancary what to do. Pennsylvania fell from 93t
Ia 5o and closed al Anew Jersey Central Tell from
I3Is TO 42a. Lchgh Navigation from ~ To ~ North
ta,tN fr,n IA 10 preferred
jga 10 ssh aud Oregon and TranscOntinental from 3l
Ia