Morning journal and courier., 1889-01-24

Declares That the Housatonfc Petit
 tion for Increase of Stock is to ParaI-
 leI the Consolidated From New Haven
 to New YOrk-War Begun-Legisla-
 tive DoIngs-Judge Studley's Reneln-
 fnatien.
 HARTFORD, Conn.,, Jan 23.
 Special to the JOURNAL AND CoURIER)
 The first pitched battle in the greatest rail road struggle Connecticut has ever been the battle ground for was begun in the railroad commissioners office to-day and lively fight it was. The lawyers sounded the charge and announced that the conflict will wage until the legislature has decided whether the Con solidated road is to be or not to be paralleled from New Haven to New York by the New England syndicate, who claim to have mill lions behind them and to need only legislative permission to accomplish that which has never been, namely, the parallelling of the Consolidated railroad, though many have tried and failed in the attempt. The cat was released from the bag before the railroad committee to day, and in no uncertain tones announced that Jabez Bostwick, William H. Starbuck and their friends were in the fight to stay and carried banner with this in scription: "We have got the money to build parallel road from New Haven to New York and we are going to do it if we can."
 We are going to parallel the Consolidated" was the declaration in @ moment of excite ment, caused by the characteristically raking cross-examination by ex-Judge Lynde Harri- son, of William H. Starbuck, president of the Housaton1c, and the gentleman who walked into the New Haven City Hall last year with $275, 5,00O in his pocket and nonchalently handed it over to the treasures, taking the 1SffIa Inv, roy1roo6 in
 Colonel "Billy Stevenson" |" his right-hand man, declared in the corridors that the pur- pose of the petition asking for an increase of stock and removal of the present limitation upon the charter of the Housatonic, which prevents them from building branches over ten miles long without legislative permis- sion, was for the purpose of building 8 new railroad from New Haven to New York The counsel who appeared for the Housatonic, or, as it may now properly be termed the new parallel syndi- dicate, were Prof. Simeon E. Baldwin of New Haven, ex-Secretary of State Hubbard and Attorney Hurlburt of Norwalk, who was the attorney for the old Olmstead parallel. whose charter has now lapsed. This is the first time that Prof. Baldwin ever appeared as the attorney of parallel scheme.
 Although the Consolidated road did not expect that the Housatonic's petition for an to it's charter was so pregnant with significance, they were represented be- fore the railroad committee this afternoon by Hon. Henry 0. Robinson of Hartford and Hon. Lynde Harrison of New Haven. As in the COURIER the hearing was before the railroad committee at 2 o'clock to-day. The room was crowded with prominent men of the State, Senator Gra- ham the chairman presided. Judge Hubbard for the petitioners fired the first gun by reading the Housatonic's petition. The hav hot %ho dated would not make any opposition to the Housatonios petition for increase of stock because it also has similar petition for an increase of $50, GOO, 900 would have been rap- idly disabused of the error of their imples- sion had they observed the agility with which Judge Harrison jumped to his feet as soon as the petition was read and surprised everybody by objecting to the petitions being considered at all by the committee.
 "For whom do you appear" asked Prof. Baldwin.
 "For interested parties," replied Judge Harrison.
 "We appear for the New York, New Ha- ven and Hartford railroad company" said Lawyer Robinson in no uncertain tones.
 Attorney Harrison objected to the recep- tion of the petition by the railroad committee on the ground that section 3e2 of the railroad avs provides that
 No petition for the incorporation of any railroad, horse railroad, canal or turnpike company, or for m alteration of the charter Of any such Company, hall be heard by the General Assembly, unless public notice shall be given by advertisement in uch railroad horse railroad, canal, turnpike is proposed to be, or is located at least three weeks before the first day of the session to which such ended route of such railroad, canal. or turnpike, uch horse railroad, or the proposed alteration of uch charter, unless the petition for such rail y the report of skilful engineer, founded on ex showing the general profile of the sur ace Of the country through which said railroad is proposed to be made the manner of its construc- ion the feasibility of the route, the character of he setl and probable expense or constructing the which requirement. had not been met by the dousatonie petitioners, Judge Harrison ,laimed and said that if the advertisement lsd been placed in some obscure paper he lad not been able to find it. Prof. Baldwin ,howed that the advertisement had been in Morning News, and the Bridgeport Stand lrd. Judge Harrison begged pardon for that anything was obscure that Professor Baldwin had anything to do with, and the first laugh was scored. Professor Baldwin then went into long digest of the Housatonic charter, which gave them su- hority to build branches not moro than ten niles in length, and claimed that the require nent of an engineers map of the new route proposed only applied to cases when new ailreads were to be built, and not when ex- sting roads desired to extend the lines, as in his cass
 "why, gentlemeny' said Attorney Robin 'on, "these gentlemen propose to parallel our road, and every road in the State for that matter. They call it a branch, but in reality 1t is to build . road to another road, creating an entirely new western system. I will risk my reputation as @ lawyer that the leQisla- sure means that a map must be filed by skillful engineer in just such Q case. They ask to be made sovereigns to take away your houses and land and build railroad through your door yard, and yet it is claimed that towns or property holders are not necessarily .o be notified by maps, etc. It Is a wise re- striction placed upon railroads. If the com nittee have any doubt about the law on this matter I should be glad to have them obtain he opinion of the judiciary committee or any other lawyers.
 Anything for delay" murmdred Prof. Baldwin.
 MT. Robinson said the hearing could not oe completed in one day, and Prof Baldwin .aid he hoped to do so. MT. Robinson said 1e did not believe Prof. Baldwin would get charter to build parallel road in five min Ites.
 Senator Graham said the committee was lot prepared to decide the matter to day, but would let the petitioners go on, subject to heir discussion on the objection, which night throw out the petition altogether.
 William H. Starbuck, president of the Iousatento, was the first witness for the pe- itioners.
 President Starbuck warmed up when roes examined by Judge Harrison, and in lis enthusiasm he jumped up, and planting me foot on his chair extended his hand and hrew down the gauntlet to the Consolidated, publicly declaring that he proposed to build parallel road from New Haven to New York. Probably MT. Starbuck would not lave said this unless excited by Judge Hsr- ison in view of the previous argument of Prof. Baldwin that they did not propose to 'uild new railroad, but were simply ex- ending branches.
 In response to questions by Prof. Baldwin, 'resident Starbuck said that they desired 0 build branches to facilitate their business which they were required to do on account f the policy of the Consolidated road, the oad to have passengers half an hour further t a cost of twenty-five cents more, between l Torwalk and New York: that himself and | riends had already spent $1OO,000 in | Connecticut railroads, like the Derby, the | )anbury & Norwalk, and the Wilson's Point | that he had no fight with the Con- oI;5otad hut aiuanIv waptad fo rrntact