Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1896-05-07
CLEMENT TAKES HIS ROAD.
CENTRAL VERMONT ALLOWED TO
SURRENDER ITS LEASE.
The Rutland Road Takes Charge of it'
Property on Thursday - Expected
Through Passenger Service Will Not
be Chauged-Ogdensbur Lease.

Z
in Vermont was made in the reception
room of the Brooks House here this az
ternoon when Judge wheeler oil the -Onl-
ted States Court ordered that the Rut-
land railroad running from Bellows FAILS
to Burlington and which was leased by
the Central Vermont Railroad company
six years ago. be returned to Its owners
at midnight Thursday, May l. An order
is now being drawn to provide for trans
| fer and for disposition of certain traffic
balances now in the hands OF the Fitch
| burg Railroad company.
The petition of Charles Parsons, bond
holder of the Ogdensburg & Lake Cham
/ plain railroad, against the surrender OF
that road by the receivers Of the Central
Vermont road, the lessccs was first taken
M F. B Swayne of New York appeared
/ for MIR Parsons, 3. +. F'iheld of Mont
pelicr for the receivers of the Central
! Vermont road, Louis Hasbrouck OF Og-
densburg for the Ogdensburg & Lake
Champlain road and Michael II. Cardozo
of New York for the bondholders. The
hearing is continued to May 10Th at Wind
sor, to give interested parties an oppor-
/ tunity to file answers.
The next matter taken up was the petit
| ton of the Rutland Railroad company.
which was presented by G. A. frouty or
| Newport, the petition stated that the
! lease was to run for 800 years from jan
! unrN !, 1871, at q monthly rcnlHl VI So'-
A369 that the rent since February had
not been paid. that the receivers of the
| Central Vermont road have refused TO
| adopt the lease but have stated they
would continue to operate the property,
! turning over to the petitioner the net IN
come by way of rental, that the petitioner
/ believed 1t to be for the best interest of
the Central Vermont system as whole
to continue to operate the Rutland and
Addison railroads, that by the terms OF
the lease the Central Vermont company
I should cause to be accepted by the FITCH
burg railroad company an order for pay
ment by II to the petitioner OF S2V,WO
monthly out of any traf1ic balances due
! the Central Vermont company and also
that the gross receipts from the stations
on the entire line of the Rutland and Adj
Olson railroads should be paid into the
Clement National bank Mt Rutland, to be
! held by II as trustee for such security,
that the Fitchburg company has not paid
I anything on said order since the month
4 of February because the receivers lay
claim to any such balances now on hand
that If 1t should be determined that the
receivers ought to be allowed to refuse "a
adopt said lease, then 1t is entitled by the
terms of said lease to the immediate pos
; session of its property. and that mas
ter be appointed to determine the dam
ages consequent upon the breach of said
II any is not returned and that the re-
celvers be directed to pay full rent up to
the time the property is surrendered.
: Attorney Prouty followed with an ar
; gumcnt supporting the petition.
He was followed by C. NJ. Wllds Of Mid
dlebury and Il. f. Fifeld OF Montpelier
who appeared for Receivers Hays and
Smith In opposition to the petition They
claimed that the Central Vermont com
pany had sustained heavy losses in oper-
ating the Rutland road under the terms
of the lease and that tho rental was ox-
horbitant, that much through freight
could be sent over the Central division,
thereby increasing the gross earnings oil
the latter road, that the Rutland COM
pany could have its road but there was nc
necessity for appointing n master.
c. p Seares of Boston in behalf OF the
American Loan and Trust company and
other creditors objected TO the cancella-
ton of the lease. David Wilcox of New
York, attorney for the Delaware & Hud-
son company, which holds a controlling
, interest In the Rutland Railroad company
closed the arguments. In speaking of the
! Rutland Railroad company, he called at
tention to the figures submitted by the
j., Central Vermont company, showing the
losses on the Rutland railroad In the lasi
flvo years as follows, in 1891, s3l ~; II
1902 500 532 90 In 1898 s136, S0l 90; In 1884, s39
H.
., showing by the company whose interest
/. 1t was to make the loss as large as pos
, sible, very satisfactory, especially the
small loss of last year Judge wheeler
then decided the case as stated
In addition to the attorneys mentioned
there were President Smith of the Cen
, .tral Vermont. President Clement OF the
'Rutland road and Attorneys Writers
and Stewart
, President Clement. in an interview witf
n Free Press man tonight, said that his
company would operate the road artei
Thursday and would endeavor TO make ar
rangements with the Central vermont
management that would continue ms
, through train service, and that the travel
ling public would be as we'll served In The
future as in the past. His company mas
81 O00. 900 invested in the rolling stock, IN
cluding 80 engines, most OF whicn nave
been handled by the Central Vermont dur
! ing the time the leases have been in force
UNITED STATES COURT PROCEED
INGS.
At the opening of court this morninl
the case OF Philip NJ and David T. Sharp
les VS.. the Mosely and Stoddard Manufac
turing company, ct al, for infringement o
: patents by manufacture and sale OF Ger
tain milk testers, was taken up and argu
ments made by c. II. Howson OF Philadel
| phia for orator and f. B. Stocking o
Washington for defendant, The case wa!
continued to tomorrow morning.
In the case Of United States VS.. Chaun
cey Armington OF Strafford for violation
OF internal revenue law in selling liquol
! without a government license, 1t was or
, dcred that the forfeiture of bail be stricker
off The respondent was then arragned
, entered plea OF guilty and was septencet
, to be imprisoned in the House of Correc
ton for one month and to pay q fine o.
800.
, Charles H. Howson of Philadelphia and
, e. b. Stocking of Washington, d. c., were
on motion OF District Attorney Senter
, admitted as attorneys of this court.
VILLAGE ELECTION.
: Brattleboro had lively village electior
, to-day growing out OF Vermont's prohibi
tory law, the real issue involved beinl
: the attitude of the people on the temper
ance question The old boatd of baliffs
, were active last fall and winter in EN-
forcing the law and their action was mads
the issue at the caucus two weeks ago and
} by vote of 23S to IFS the old board was
defeated for denomination and ex-Speakei
James L. Martin headed the ticket nomi
, mated by the caucus.
A citizens ticket was at once filed witt
| the town clerk. 1t bore the MONIES OF foul
out of FIVE members of the old board, tn,
/ firth man being on both tickets. This citi
, zens' ticket. which bore the name o
Capt. ]. G. Estey at the head, was elected
to-day by a vote OF sos to 355 for the Mar
tin ticket. Party lines were entirely for
gotten in the contest.
The Senate Saturday passed the nava
appropriation bin. The House "Wednesday
adopted a concurrent resolution providins
for final adjournment May IS, Senators
think that adjournment cannot be hat