Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-09-14
The RAILROAD War,
MEETING OF COMMISSION APPOINT
Ed BY SUPREME COURT.
Testimony Tending to Show Why it
should be Allowed to occupy the
Property of Central Vermont
Railway Company.

4 hearing was held Tuesday before the
commission appointed to determine how,
whore and under what terms the Rutland
Canadian Railroad company should he al
lowed to lay the tracks of its road 10
cross the Central Vermont Railway COM
ipany's tracks in this city. The hearing
was held in the judges chamber at the
custom house opening at 1915 O'Clock.
/ The commission was appointed for this
purpose by the supreme court and is
made up of Judge H. ii. Wheeler, chair
man; j. Il. Childs, general manager of the
New York, ontario q Western Railroad.
and W II. Baldwin, president of the Long
Island Railroad. Present at the hearing
were President +. W. Clement, Supcrn-
tendcnt Pierce and members of the staff
of engineers of the Rutland Railroad
General Manager Fitzhugh, Superinten-
dent Baldwin and members of the staff of
engineers of the Central Vermont Railway,
President i. K. Wells, Engineer Burke
and assistants of the Rutland Canadian
Railroad G. NJ Wilds and G. ". Writers
represented the interests of the Central
Vermont before the commission and But
ton and Button that of the Rutland-Cana-
dian. Before the commission were placed
a variety of maps by both railroads show
ing the location of their tracks in the sec
tion under controversy
/ The aim of the Rutland-Canadian r. r.,
company is to secure the right to cross
the line of the Central Vermont railway
company just below its entrance to the
tunnel while the apparent aim of the Cen
/ tral Vermont railway company is to pre-
vent this crossing and to secure the pay
mclt of an annual rental from the Rut-
' land-Canadian for the use of the Central
tracks and station. A proposition made
l. Il ID,ttl la L lfsa
with this end in view was deemed un-
satisfactory by the new road and refused.
The hearing was opened with a state
mont by Attorney Button of the Rutland.
| Canadian company in which he stated
/ that the road was chartered last fall tC
! extend from the northern boundary OF
Vermont to point a t or near the terminus
of the Rutland railroad. The road is prac-
tically an extension of the Rutland rail.
road, which has terminal property ample
for its requ'remtnts, and the commission
is appointed to settle how tho road shdl
carry out the provisions of it's charter
and build its road as laid out. Tho alder
men of the city of Burlington
have voted to give the right for the
road TO occupy a portion of Lake street
so that it can go through and not inter
fere with the Central Vermont The new
road asks permission to cross underneath
the Central's tracks south of the entranc,
to the tunnel.
Tho road believes itself entitled to z
crossing under its charter and asks tn,
commission 20 say how il shall be made
1t also contends that the commission may
order the removal of the Centrals engine
house for this purpose. The proposed
route of the road through the city from
he Rutland railroad terminal to the poin
Of crossing and its route to the Canadian
border We're shown by Mr. Button.
,,.I. f,11 Il i.,,, Ia,
exposition Of the position If the Centra
Vermont Railway company in the matter
also provided maps to show their location
ir the city. In explaining the conditions
Of matt ars from his point Of view Mr.
Wilds said that when the Rutland-Cana
dian filed its location it had elected tC
pass under College street and skirt tn,
cmhankment to the tunnel crossing the
Central by means Of an overhead crossing
They tn IN asked permission 10 cross
which was denied because the location
appropriated the location Of the Contra
Vermont Railway company.
Branching into history Mr.. Wilds contin
uod that the old Vermont Central Com
Iany was Incorporated in tho 'l0's and wa
located along the raNne, back Of the Gus
tom house. They purchased and took b!
condemning portion OF thn water front
They also located another lOe so that they
owned the property to the embankment
Both the Central and the Vermont anc
Canada had lines to Essex Junction an,
they used the same track to this city. Th'
latter line was afterward leased by thu
Central and went into the hands of re
CciVerS. In ii controversy over the Yer
mont and Carada it was found advisable
tu complete its line to this city, which wa
done by way of the tunnel That wa
caSlY in the COS and the raVine route wa
abandoned. In 1870 the Central leased tn
Rutland and used it until 1896, when tn
Central went into the hands of receiver
and the Rutland was cut off by the court
The Central absorbed the Vermont an.
Canada in 1892 or 1898 with the smal
branches. A largo amount of propert
along the lake shore was acquired by tn
Central itself and through the roads from
which it acquired titles. At that tim
Lake street was not where ii now is. Ii
1852 the city desired to change the location
OF Lake street and this was done out o
the territory of the Central Vermont. Tn
right of the city to the street is then gov
erned by its use So the aldermen II
granting the Rutland Canadian the rgh
to go through Lake street have extend
cd It's use. The situation Is that of III
streets having been owned by the Centra
company, the city imposing upon 1t an
other use and now proposing to eXten,
that use in "A manner not consistent wit
the use designed for it by the old Centra
company. II was ntltl lldl tnt hulldlltl
Canadian had publicly proclaimed that
WAS unnecessary for il to cross the Cen
tral's track and that the route around tn
city was more advantageous, 1t is ais
held that II is unnecessary for the roa,
to cross the tracks of the Central Yer
mont.
Coming to the main point of controvcrs
Mr.. Wilds said that the Rutland-Canadial
filed location along the embankmen
where the Central said they could no
pass. The Central believed that the com
mission might say that IT was for the in
terest of the public that Joint use be mad
of the tracks and station. The offer wa
made and refused. The Central now con
tends that there is no way that the Rut
land-Canadian can use the property of tn
Central except merely to cross. At N
place can they legally enter the Central
lands except at a single track.
1t having been agreed by the commits
sion and both the counsel that il was i'm
portant that the ground should be exam
ined an adjournment was taken at ia
for this purpose,
AFTERNOON SESSION.