Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-12
BORROWED A GRADE.
Application for an Injunction Upon
the Sugar Run Railroad.
CHARGES OF C0LLUsION MADE.
Siemens Brothers Tank Process Patent
Declared Invalid.
THE NEWS OF THE COUNTY COURTS

The application of O. weidenfeld, for a
preliminary injunction against the Sugar
Run Railroad was reargued yesterday before
Judge Acheson in the United States Circuit
Court. Judge Burlington also sat on the
bench, and his counsel will be taken by
Judge Acheson in arriving at decision.
Weidenfeld applied for preliminary in
junction last December, and Judge Reed
granted it on January 7. The lawyers for
the railroad company claimed that they did
not have an opportunity to present their
case, and they asked for a reargument.
Their application was granted and the rear
gument took place yesterday afternoon.
Weidenfeld was represented by G. w. Artz,
of New York, and the railroad company by
John Ormerod and A. G. Dornan, of Cow
dersport, Pa
The projected line of the Sugar Run
Railroad runs from Sugar Run junction, on
the Allegheny and Kinzua Railroad, in
Mexican county, in a southwesterly dlrec-
tion, to Sugar RIM station on the Western
New York and Pennsylvania Railroad. The
road is intended to reach heavy timber in
the Sugar Run Valley. Its chief promoters
are A. Healy & Son, large tanning firm Of
New York City, who have bought the bark
on the timber lands of s. s. Bulls.
Want to Reach Their Bark.
Ten thousand cords of this bark are piled
up ready for transportation as soon as Mr.
Weidenfeld and the courts will be kind
enough to allow the Healys to build their
road. Bulls is a heavy lumber dealer of
Olean, N. Y, who recently became insol-
vent. He is President Of the Allegheny
and Kinzua Railroad and he and man
named Barse, of Buffalo, own majority of
the stock. It was the building of this road
that swamped Bulls
Weidenfeld, who is New York stock
holder in the Allegheny and Kinzua. al
leges in his complaint that the Sugar Run
Railroad Company has seized illegally
part of the grade and right Of way of the
Allegheny and Kinzua, and that this seizure
was made through the collusion of Bulls.
1t is charged that the latter, knowing his
own road to be insolvent and unable to COM
plete its line, persuaded the Healys to come
in and build the road up Sugar Creek Val
ley in order that Bulls might make good
thing privately out of his bark contract
with Healy. Only about two miles Of the
road were built when Mr.. Weidenfeld
thrust stick through the wheels. The
Alleg heny and Kinzua Company bought
the right of way some years ago, and Bulls
has the deeds in his possession.
Bradford Merchants Want the Road.
The attorneys for the defendant company
presented to the court dozen
afidavits from citizens of Bradford, men,
bers of the Board of Trade and City Coun-
ellis, that the building of the road would be
q public benefit, would open up a valuable
lumber district, would help to develop
Western Mexican county. and would large
ly increase the trade of Bradford. The de-
fendants' lawyers maintained that the pro-
iected road was public concern, and that |
it had a right to condemn property and
exercise the right of eminent domain. It
was also contended that the Allegheny and
Kinzua Company had allowed its right of |
way to lapse. The charges of collusion be- |
tween Bulls and the Healys were denied |
The complainant's counsel held that |
The Sugar Run Railroad was o private |
affair, and had no right to seize or condemn |
and as right of way. No testimony was |
aiken, as that will be in order when the |
court proceeds to pass on the question of |
granting a permanent injunction. The |
Judge took the papers in the case and will
ender decision in few days