Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1893-12-15
THAT leLAwsulT.
The States Attempt TO Enioin the Sale
of the c., q. & S, w. to the
q NJ


Nashville and the Chesapeake, Ohio
and Southwestern railways to prevent
the proposed consolidation was filed
in the jefferson county circuit court
Monday by the Hon. Frank Parsons
and Humphrey d Davie, attorneys
for the plaintiff, After describing
in detail the various properties OF the
the two companies it asks an immed.
late order injunction "enjoining
and restraining" the defendants from
the contamination Of the deal, on the
ground that il is directly in violation
Of Kentucky's constitution. The pc
tition states that the success OF the
proposed consolidation will 'irrepar-
ably injure the commonwealth OF
Kentucky and the people and will be
destructive of the public good"
In discussing the question the
Evansville Courier throws much
light on the matter in an article from
which the following is taken:
"But are these two roads really
competing linesi Is there not enough
doubt about the question to justify
the courts in declining to prevent the
contamination OF the dealt the fact
Mr.. Smith proceeded with The ne
gotiations to q successful issue know
ing that the trade would be void un-
der the constitution il the facts
should show that the two roads could
Justly be said TO be competing
lines" would indicate that he has felt
confident from the first that the facts
would convince the court that they
are not in competition, What are the
facts that would seem to warrant this
view of the casei
The two roads cross each other at
several points, at Louisville, at Prince.
ton, at Henderson, at Central City
aud Nortonville, but no business org
mates at either OF these places The
Chesapeake, Ohio & Southwestern
cannot get to its depot in Louisville
without using the Cecilian branch,
46 miles, belonging to the
Louisville & Nashville. 1t leased
this piece of road, without which it
could not get into Louisville, January
|, 1882, for which it agreed to pay the
Louisville & Nashville $1,000 month
rental. One Of the conditions of this
lease was that on default OF two
months rent, the lease is be void and
the road reverts to the Louisville d
Nashville. Suppose this default
should be made aud the Louisville &
Nashville should take posses sion
Would not the Chesapeake, Ohio &
South western be shut out Of Louis
vile at least until it could build its
own line to cover this 46 milesl How
can a road be said to com pete with
another road on which it depends 10
reach one Of the most important
points on its linel II the Louisville
d Nashville had considered it com.
peting road would it have leased the
46 miles to its alleged eOmpetitorsi
But even if the Chesapeake, Ohio &
Southwestern was a competing road
into Louisville the default would put
an end TO its power TO compete, for it
would be 46 miles away from Louis
vile with no road of its own to lessen
the distance by as much as rod. A
default Of the rent of the Cecilian
branch for two months would remove
the objection so far as Louisville is
concerned.
The Louisville & Nashville lease to
the Ohio Valley NOV part OF the
Huntington systen) section of its
GAINESVILLE branch FROM Princeton to
Gracey. Mr., Huntington built a
branch from Gracey 10 Hopkiusville
He can default that lease aud the
Clarksville branch will revert TO The
Louisville & Nashville and that com
peting point would cease to exist.
The Ohio Valley Railway was sold
to the Chesapeake, Ohio g. Southwest
ern under conditions requiring its
maintenance as the "Ohio Valley
Railway" The stock is held in trust
to secure the performance OF a GER
tain contract for seven years. That
cap be done and a separate existence
be maintained in the hands OF Mr..
Huntington in perpetuity and the
Henderson obsta lie is removed,
The Illinois Central, it is said, has
purchased the western end OF the
Chesapeake, Ohio d Southwestern
over which it has been operating for
several years into Memphis, 80 that
the constitutional inhibition would be
imperative there
These are some OF the expedients,
or subterluges, il you have a mind to
call them so, which could beplsusibly
presented by skillful attorneys to
help the Louisville g. Nashville out OF
the dilemma in which Gov. Browns
action has placed it. Whether they
shall be used or not, or, If used,
whether they shall prove effectual or
not the event alone will prove 1t is
quite certain, however, that the Louis
vile d Nashville will contest every
inch Of ground in the battle royal
that Governor Brown has invited and