Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-06-26
NARROW GAUGE ROASTED.
ITS MANAGEMENT AND CONSTRUCTION
DENOUNCED IN AFFIDAvITs.
Opening Of the Receivership Contest at Mont
pelier Tuesday vermonts Attor-
neys Enter Demurrer Claim That Every
thing Everywhere is o. Z.

O0eyrnied - Developments of thi
morning entirely change the situation
in the fight for receivership for tn
Narrow Gauge railroad, for Judge Wat
son this morning filed with the count.
clerk an order overruling the demurrer
which the counsel for the Central Yer
mont railroad sought to establish, II
their effort to defeat the petitioners
for receivership, as explained below.
The case will therefore go to the
courts at once, on the question of facts,
as presented in the affidavits, and a
much more speedy termination of the
issue may consequently be expected.
This is the best news yet.
Determination characterizes the fight
which has opened for receivership
for the Narrow Gauge railroad, and it
is quite apparent that the struggle
which began at Montpelier on Tuesday
will be carried to finish. If nemay
judge by what has already been accom-
plished it is only right to say that the
friends of the movement against the
present managers of the road have ev-
cry reason for encouragement. But a
royal legal battle has been commenced
and it will probably be we'll into Au-
gust before we shall know what the
final result will be.
The hearing on the application for
the appointment of receiver for the
Brattleboro & Whitehall r. r. Co. was
held at Montpelier on Tuesday morn
of the supreme court. Many interest
ed spectators were present, including
President G.. +. Thompson of the road,
Waterman Il Martin and G. G. Fits,
attorneys representing the railroad COM
pany Robert Colt of New London, pres
ident of the New London d Northern
railroad company. ". c. Noyes, attor-
ney for the New London Il Northern
railroad company; E. II. Fitzhugh.
general manager of the Central Yer
mont railroad company and c. W.
Writers and Hon. H. II. Powers, attor-
neys for the Central Vermont railroad.
The defendants claimed that the
made in the bill of COM
plant as to the condition of the road
and its cars were not true; that the |
road is in good state of repair; that |
the cars are all right. and that proper
freight facilities are furnished. They |
also demurred to the bill, claiming that
the court had no power to appoint a
receiver; that the remedy should be
by injunction proceedings or suits at
aw.
The demurrer was argued at length
oy counsel for both sides, the orator
claiming that there was no adequate
remedy at law !; that it would require
suits to recover damages
'or the misconduct of the Central Yer
mont railroad; that such recourse was
,uite out of the question that the
,nly real relief could be obtained by
he appointment of receiver. The
,rator introduced over 20 affidavits
rom prominent citizens along the line
If the road showing the condition of
he road and rolling stock and affirm
ng that the business of the road is
adly neglected, that shippers are suf
ering because unable to get cars, and
hat the road is mismanaged. running
lown and going to ruin.
The court will first pass upon the
demurrer. If the demurrer is sus-
aimed that will end the case so far as
receivership is concerned. If the
demurrer be overruled the court will
,ass on the question of facts as to
whether a receivership is necessary. If
he question of facts is to be passed
Ipon the defendants are given 30 days
n which to file testimony, and the or
tors are given 10 days beyond that in
- E1a ral,tfa1 taut,p,opv l
OF the mass of affidavits presented
or the consideration of Judge Watson,
II of them condemning the road and
its management, the fol-
owing examples are here presented:
The Remarkable Afiidavits. !
The affidavit of Daniel p. Prescott, who was I
ngaged in railroad work 20 years, a large part :
+ the time section foreman and assistant
oadmaster described the condition of the rail
ed which he inspected at the request of Pres
lent Thompson Many of the curves are in
cry bad shape and in many instances it is ac-
lally dangerous to run trains Of any kind over \
hem. Mr.. Prescott cited places all along the
pad where the trouble exists. The ties for
irge part of the distance were found to be in
oor and unsafe condition. In the seven miles r
rom Newfane to the granite quarries 300 We're !
ctually worthless, and in six miles from the L
uarry TO Brattleboro there were at least COCO r
oor ones. A conservative estimate would call
Or at least 20 600 ties to put the road In proper
nd safe condition. Putting down third rail G
rom the quarries to Bratteboro has made of q
hat should be great Improvement in fact !,
dangerous portion of the road, owing to y
he lack of using proper ties and the careless
lanner of laying the third rail, which at many I
oints where there are curves, is laid straight
lstead of being curved. From his experience c
railroad work. Mr.. Prescott said the road a
ould not be in condition for use until the
nryes are put in proper shape and ties renewed
indicated, and the portion which has the
lird rail remedied and repaired.
W. H. Taft, lumber dealer in Townshend, '
peaks in his affidavit of the great difficulty he C
as experienced in getting facilities for ship r
ing over the railroad, and of the great annoy
nee TO his business. In space south from
lest Townshend station, covered by 400 ties.
E found $50 rotten and crlmbling to pieces, n
nd from Wardsboro station to West Towns-
End, a little over a mile 800 poor and rotten 1
es. He saws that he can give instances of great {
elay i'm running trains where there has been no r
,parent cause except a lack of motive power :
I'd suitable rolling stock and track. Last Y
arch Superintendent Nash told him the road Il
seded at once 80 new cars. Cars are not fur o
shed until one or two weeks after orders. The II
alton agent at South Londonderry told him L
arch a. last that he was GO to 20 cars behind on
II orders and Mr.. Denning freight conductor.
owed him complaints from all station agents
,ove Newfane for car shortage, which called U
4 80 to log cars at once. Mr.. Denning said that d
ngine 4, the new coal burner, could then take a
ily loaded cars and buggy from Salmon Hole q
idce to the Newfane station. On March 8 all U
rec of the locomotives gave out and had to be u
paired that night and no extra could be run, Fl
though freight was clogged all along the line. -
Manager f. G. Rogers, of the George E. Lyons n
ante quarry at West Dummerston. says that :.
e general condition for hauling extensive u
ntracts is not as good since the third rail- was n
Id as under the old narrow gauge system; that
has been next to impossible to get cars for
ipping granite, and that the business of his
mpany has suffered to a great extent. Last
ecember an order for SEQ 900 worth of granite
Is cancelled by contractors in Bridgeport. u
nm, after about one-third finished, for the V,
ason that the railroad could not, or did NOT, r,