Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1899-02-03
TO SELL RAILROAD.
Judge Wheeler's Decree i'm Cen.
trail Vermont Case.

Injunction Granted In the 81. Johnsbury
g. Lake ChamplaIn Mileage Book Case
---ChRirman Fosters Comment on the
DecisIOn.
Two important cases came up before
Judge ii. II. Wheeler, at a session OF the
United States circuit court held at the
Brooks House Friday afternoon. In the
case of b. l.. Day and others VS.. the st.
Johnsbury and Lake Champlain railroad,
the board of railroad commissioners and
certain states attorneys in the counties
through which the railroad runs, the
court asked for a temporary injunction re-
straining the defendant company from
selling mileage books at the rate of two
cents mile, books good TO bearer pursu-
ant to the provisions of the statute passed
by the last legislature, the board of rail-
road commissioners from enforcing the
statute and the states attorneys from col
Letting the penalties provided for in cases
of failure of the company to comply with
the law.
The court granted the Injunction against
the railroad company but refused to grant
the temporary injunction against the rail
road commissioners and states attorneys.
Judge Wheeler held in accordance with
decision handed down by the Supreme
Court of the United States that in cases of
this kind, where the constitutionality of a
statute is involved, the United States court
cannot grant a temporary Injunction
against state officials restraining them
from proceeding Hereunder. He intimat-
ed that If state officials in cases like this
attempt to enforce statute against per-
son or corporation against whom an in
junction has been issued enioining such
person or corporation from complying
with such statute, the remedy is by habeas
corpus or plea in bar.
John Young of Newport appeared for
the orators, D. j. Foster of Burlington for
the board of railroad commissioners, of
which he is chairman, and Lieut.. Gov. II.
o. Bates of st. Johnsbury for the states
attorneys.
In the Central Vermont receivership
case, after an extended hearing, Judge
wheeler ordered that DEGREES of foreclos-
ure be entered in both the first and second
foreclosure suits. Hon. E. L. Waterman
OF brattleboro was appointed master to
make the sale.
The decree is to date from the first day
of February, with 10 days in which to re-
deem, after which, if the property is not
redeemed, the master is to give four weeks
notice by advertising There was oppos-
ton to the decree by second mortgage
0ondholders, who wished to make a de.
fence.
ms action is an important step toward
the control of the Central Vermont system
Dy new company, which is authorized by
Ihe vermont legislature to organize with
capital stock of So, 100000, and to issue
bonds to the amount of $12 100000 more
TO take up the debts of the present Cen
tral vermont company, according to the
agreement of the creditors at meeting
held in Boston last September.
b. F. Fifeld, C.. NJ. Wilds, C. w. Wit
tiers and E. H. Howe, W. L. Sargent c.
ID. Tyler, Fl. r. Bailey, w. H. Leonard,
Mooreheld Story of Boston and NJ. H.
Cardozo of New York, Gov. f. c. Smith
and ID. ID. Ranlett were also present in
court.
Chairman Foster, in conversation in re-
sa ~ The decision in the st. Johnsbury
lake Champlain case, said:
There will probably be nothing done.
as Judge Wheeler intimated that the in.
Junction restraining the St. Johnsbury
and Lake Champlain railroad from selling
mileage at two cents per mile good to
bearer would be a sufficient answer in
case the railroad commission attempted TO
enforce the law while the Injunction stands
or If the states attorneys in the counties
through which the road passes should
prosecute the road for its failure TO COM
ply with the law.
THE situation is that the St. Johns
bury and Lake Champlain railroad will
sell no mileage books at two cents per
mile good to bearer under the pendency of
the injunction granted. The commission
Will push the case to a conclusion The
answer of the railroad commission will he |
filed in both the st. Johnsbury and Lake !
Champlain and the Rutland railroad cases |
promptly upon the opening of the next
term of the court on Feb. a."