The Providence news. (Providence [R.I.]) 1891-1906, 1892-08-10
The INTERSTATE ROW.
Parties Ready for the Hearing, but
No Court.
PERHAPS A HEARING TOMORROW
Cars to be Run hmm mcdistely-A Car Started
From Attieboro for Pawtucket this
Morning-The Clause ON which the
New Haven Company Base their Case.

The citation issued by the Supreme
Court yesterday. requiring the Inter
State Railroad Company to appear before
said court and show cause why 1t should
not be restrained from crossing the tracks
OF the New York. New Haven and Hart
ford Railroad Company at grade at the
Broadway crossing, Pawtucket, was
issued, returnable at 10 O'Clock this FORE
noon.
At that hour President Daggett of the
Interstate company, with their counsel,
together with the officials Of the N. y,
N. II. 81 II. company and their counsel,
were on hand at the court house. but no
Judge could be found. The parties waited
for some time at the courtroom door,
when they adjourned to the lobby on the
first floor, remaining there until 1880 !;
but no judge was forthcoming.
Chief Justice Matteson WAS known TO
be at Matunuc, and It was finally ar
ranged that the New Haven people should
get word to him, and II they succeeded
in inducing him to return and sit upon
people in time, they would agree to be
ready for the hearing tomorrow. IL this
cannot be accomplished the case Will re-
main over until Saturday.
Meanwhile the Interstate Company Is
completing and perfecting its line from
let or hinderance other than this. A car
started from the Attleboro terminus this
morning for Pawtucket, to ascertain the
condition of the tracks, and tomorrow
the electrics will be put on trial. IL Is for
this reason that the New Haven people
are anxious that the hearing shall take
place tomorrow morning, or as soon as
possible.
The Inter State people say they are
ready for the hearing at any time. pro-
vided they have sufficient notice TO give
them time to summon their witnesses.
They have no doubt as TO what the re-
suit of the hearing will be. The only
ground on which the New Haven CON-
pany basis its action Is the following
clause in the charter Of the Interstate
Company:
Prorided, That said railroad shall not cross
any steam railroad tracks at grade, except
ings as shall be prescribed by such steam rail-
road company, In addition to any prescribed
by the railroad commissioner.
The Interstate people say they COM
municated with the railroad commits
sioner before taking any steps In the mat
ter In question. They received two Two com. 1.
gave Their, the right to cross the track,
aud contained the statement that IL was
not necessary for him to prescribe any
conditions. The second prescribed the
conditions In order to fulfill the require
ments OF law.
In accordance to the other requirement
of the clause above quoted the Inter
State people say that as early as May
last they. began negotiations with the
New Haven company with view 10
learning the conditions they required, and
they had not obtained them yet They
had reason to believe that the railroad
company was hindering them pur-
posely, and state that they as
much as said that they would
not let the Interstate cross their
tracks IL they could help it. The Inter
State people chased the officials of that
road all over Connecticut and New York"
TO use their expression, and were not able
to get au interview with them, much less
a statement of what they required.
Finding that little was TO be gained by
this mode of procedure, and believing
that the New Haven people had mad
sufficient notice Of their intentions, they
laid their plate at the crossing on the
authority already obtained of the rail
road commissioner.
Both companies agree that instead Of
the plate that was used, Pennsylvania
frog is the moro nesirable. But the
Interstate people could not put in one
of these without removing the rails of the
railroad company, aud this they would
not do without their permission. After
the plate was torn up and relaid the In
ter-State Company sent the New Haven
Company bill of $50 for the extra work
reQuired.