Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-07-20
COM MISSlONERS
WILL BE APPOINTED TO SETTLE
RAILROAD DIFFERENCES.
Out of the city in tho hands of
Judge wheeler and Two Rail-
road Managers.

The Supreme Court convened in a spe-
cia session ut the United States court
house lit this city Tuesday m,Enins at
1925 in order to consider the petition of
the Rutland-Canadian railroad that the
court appoint commissioners to decide
whore and under what restrictions
and compensation the Rutland Canadian
railroad tracks shall cross the tracks Of
the Central Vermont railway between the
terminal Of the Rutland railroad in this
city and the tunnel OF the Central YER
mont company.
All of the members of the supreme
bench were present with the exception of
Judge Start. The Rutland Canadian ex-
tension was represented by its attorney,
+. H. Button OF Mddlebury, and the in
tcrcsts Of the Central Vermont railway
were in the hands of Attorney c. NJ.
Wids, also of Mddlebury. President
Clement OF the Rutland railroad Frank Ii.
Wells of the Rutland Canadian eXtention,
and Engineer Burke were present, as was
also General Manager Fitzhugh of the
Central Vermont. Both parties came to
this city in special trains.
The hearing was opened by the reading
of the petition to the court by Attorney
Button. He stated that the extension was
chartered to build from the terminal of
the Rutland railroad northerly along the
route upon which work is now in progress.
If built along the line indicated by tho
charter it must cross the tracks Of the
Central at some point in the section indi-
Gated. 1t is not necessary for the road to
secure terminal property as this is pro-
vidcd for by its conjunction in operation
with the Rutland railroad, of which it is
the off prng.
Attorney Wilds followed with the an
swer Of the Central Vermont. He cited
the fact that the Central maintained IL
large yard ard station, which was used
as ID union station by the two roads. The
yard covered nearly all of the property of
the company north from the station to
the tunnel and west to the lake and will
in the future require extension. Some
time ago a proposition was made by Pres
idcnt Clement of the Rutland railroad to
allow the new road to use the tracks and
station of the Central at that city jointly
and the terms advanced were not accept
ed The petition fails to set forth the eX-
act point Of crossing. He also cited the
fact that it had been given out that ii
would be better and more convenient as
well as less expensive for the new road 70
go around the city. If the grant to the
new road cannot be made effective with
out the use of the location and yards Of
the Central Vermont then the court has
jurisdiction. but If he grant can be made
effective without SO doing then commits
sion Is unnecessary. He denied that this
was necessary.
Attorney Button, continuing, made the
claim that the charter of the Rutland
Canadian gave them the right to cross
the Central at any point and that the
only question was where that point should
be and the compensation to be paid. He
asked that the commission be appointed
with general powers.
Attorney Wlds said that unless tho con-
venienCc of thc public demanded it the
road could not cross between the station
he, h1 10 Cfi H.
volvcd appropriation of property already
appropriated to public and general use
a map Of the tracks of the Central Yer
mont leading northward was shown and
cases in point cited rho court adjourned
at 1896 to consider the matter.
The court came i'm at 2:3O in the after
noon and Judge Taft announced that it
was not considered by the judges noCos-
sary that any particular point be named
for crossing and that they believed the
whole matter should he left with Il COM
mission. when a report is made 1t will he
the province If the court to act upon the
matters which it may bring forth. At
torncy WildS addressed the court and re-
Qucstcd that by agreement of the counsel
the number upon the commission should
be iiVc that Il representative to he named
by each road might sit with the usual
number of three men. He then announced
that the two companies had agreed upon
the following as the commission: Judge
II. II. Wheeler, chairman; General Mana
ger James f.. Childs Of the New York on
tario and Western Railroad and Thomas
TAFT the general manager of the Cana
dian Pacific. To these they desired to add
President i. ". Clement Of the Rutland
as representing the Rutland Canadian and
General Manager Fitzhugh as represent
ing the Central Vermont Railway. The
question arising over the request for the
Appointment Of the two railroad men was
not decided. The attorneys were nstruc-
ted to prepare report including these
names and present it to the court and an
adjournment was taken.