Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-01-19
The TWO CENT MILEAGE LAW
ST. JOHNSBuRY AND LAKE CHAM
PLAIN ROAD WILL FIGHT IT.
Have Served Bill on the Chairman of
the Railroad Comm issiOn-Temporary
Injunction Granted by Judge
wheeler Hearing Jau. ~.

copy of a bill in United States Court
was served upon Chairman ID. j. Foster
of the State board of railroad commission
ers in this city Tuesday in which u. l..
Day x Co. for and in behalf of themselves
and all other Stockholders, and the Wor-
cester County Institution for Savings Of
Massachusetts, fer and in behalf Of Itself
and all owners of first mortagc bonds of
the st. Johnsbury and Lake Champlain
railroad, bring n bill in United States
Court against the St. Johnsburv and Lake
Champlain railroad, the State board 81
railroad commissioners and the several at
torneyS in the counties through which the
road oreratos.
! The orators set forth that the capital
stock outstanding exceeds 100000 and
the bonded indeb edness of the road $1,000
600; that during the last six years the OPP
Grafton OF the road has been carefully and
prudently managed yet the territory
through which it runs is thinly settled.
the local traffic small. the grades heavy.
with many sharp curves. all of which
make the property expensive Of operation;
THAI the total gross earnings for the past
six years have been much less than the
EXPENSES and necessary repairs; that the
money TO pay the deficit in operating cX-
lpenses and necessary repairs and interest
accrting on its mortgage bonds has been
raised by the sale of the first mortgage
bends left in the treasury in 1894; and tnat
all such bonds SO left are now disposed Of
That the annual deficits for the past
six years have been as follows: For the
year ending June 30. 1923 S93.12S3; 1894
sS0,SI220 1895. 500 209.0S 1896 SIG, ~; 1891
sl5G, 6l3.3i; 1898. Sli9,45S.72.
That previous to November q, 1898, the
company was selling mileage books at the
rate of 2i2 cents per mile and that such
price was not exorbtant or unreasonable
on that road and that any reduction would
-ta tlx, h.s ,.,1i in 90. NJ
road. that any reduction in the price
charged for transportation Of passengers
or freight would result in dcpriVing the
stockholders of property without due pro-
cess of law and without compensation.
| The bill then sets forth the requirements
of the act of the last session of the l-egis
laturc relating to the sale of mileage hooks
to bearer at two cents per mile and the
! action of the board of railroad commits
sioners to compel the company to comply
! with that law; that If the board are al
lowed to enforce the statute as the ora
tors set forth. 1t will do SO unless restrain
cd by Injunction; that in that case the
gross receipts of the company would be
reduced by more than $1,000 Il year.
! The orators further set forth that If the
said corporation does not comply with the
act of the Legislature the several States
attorneys of the counties through which
it operates will institute proceedings
every offence under the act and that the
payment of fines for such prosecutions
would increase the deficit and reduce the
ability of tho company to pay its ex-
penScs and interest upon its debt.
The orators, therefore, ask that all &C.
PENDANTS may be enjoined and restrained
during the suit; that the company be per
manently enjoined and restrained from
placing on sale books to be used by bearer
at the rate of two cents per miic. that
the board of railroad commissioners he
enjoined and restrained from insttuting
proceedings against the company for its
failure to comply with the act of the Leg
islature and from instituting any proceed
nss or prosecutions in the Supreme Court
for the enforcement of the order made by
said board in which said road was given
until January 10 to comply with the stat
ute; that the several States attorneys OF
the counties through which the road
passes be restrained and onjoined from
prosecuting said road for its failure tc
comply with the law.
That the act of the General Assembly
referring ito the mileage books to be solo
at two cents per mile be declared repug-
nant to the Fourteenth Amendment of tht
United States Constitution and void as tC
said road.
The bill stands for hearing on the Oues
ton of II temporary injunction for Janu
AIRY q at Brattleboro. Pending the hear
, ing, Judge Wheeler has granted tenn
porary injunction restraining the dircc
tors, officers and agents of the compan!
from issuing or selling any mileage book
at TWO cents per mile.