The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-12
The t., C. e. St. l.. Litigation.

The It., c. IL st. l.. Litigation.
Upon the converting of the court at Hartford
City this week. Judge St. John announced his
ruling in the case of Bradford VS.. the Toledo,
St Louis & Kansas City Railroad Co., ct al,
upon the demurrers to the answers. AS has
been sisted in the Journal heretofore, this case
was commenced by Bradford as a stakeholder
in the Frankfort, St. Louis g. Toledo r. r. Co.,
to have the consolidation of that company with
the T., G. g. st. L., r. r. Co., declared void.
and forty four miles of railroad from Kokomo
has been pending for eighteen months, and has
been closely contested by the defend
ants, but so far without Judge
St John has taken great pains In preparing his
rulings, and in regard to the pleadings has put
them all in writing. In an elaborate and care
fully prepared opinion, at the term before the
last he sustained the plaintiffs complaint. At
the last term the defendants fled lengthy an
swers in which they fully stated their defense.
These were demurred to and the demurrers were
taken under AMUSEMENT until this term, and on
the ruling above mentioned were sustained. To
those who are familiar with the case. this ruling
is decisive of how it will be determined,
and there scarcely be q doubt
but that the road will be restored
the old company. II go. it will make serious
trouble for the Toledo, ST. Louis q Kansas City
Railroad Company, it will take forty four
miles out of their through line from Toledo to
East St Louis. 1t also will be serious obsta-
Gle in it's way in placing its securities for the
purpose OF raising FUNDS to make standard
gauge of the road from Frankfort to East ST.
Louis W. w. Woollen, OF this city, and
George A. Henry. of Marion, have had
charge OF the case, and they have raised several
questions of interest railroad attorneys.
One was the constitutionaity of Section
1891 which the court held Unconstitutional
Another was the construction of Section 1871,
which provides that consultations of railroads
running into an adjoining State must be made
in accordance with the law of the adjoining
State. Upon this proposition the court holds
that the statute means lust what il saws and
that If in the adjoining State, is the case in
the State of Illinois, there is law upon the
subject, then there can be no legal consolidation
Western States Passenger Association.
CHICAGO. Jan. u.-Although more than half
a dozen lines have drawn out. the Western
States Passenger Association to-day agreed to
continue the organization, there being left some
twenty roads to keep it mp. The principal de-
lection is that OF the Chicago & Alton, in the
Southwest. which goes out in order to be In
fighting trim to meet the Wabash and the Min
nesota a. Northwestern in the Northwest, which
Is also inclined to play a lone hand. In order to
provide against possible reductions made by the
outside lines, the chairman of the association
was to-day authorized to meet cut rates at once.
without the delay of five ten days notice. All
the lines are given the privilege of withdrawing
NJ fifteen days notice IL is the general opinion
that when n settlement of the present Western
troubles comes, the Withdrawing lines will again
become members. and in the meantime the form
OF an association will serve a sort OF balance
wheel TO prevent the complete Generalization of
rates