Waterbury evening Democrat., 1903-07-25
THAT SPUR TRACK.
May Cause War Between Beef Trust
 and Antitrust Men.

and Antitrust Men.
 The hearing on the temporary in- Junction granted some time ago by Judge Cowell of the district court in favor of Lilley, Swift & Go, prohibiting the Valentine Bohl Go from using a spur track running to their premises on Cedar street, and against the Con- solldated Railroad Go from obsuucting the same, was decided this morning by Judge Roraback modifying the irl- strument so that the Bohl Go shall be allowed to use the spur track. The nearing was held a week ago at Judge Roraback's home in New Canaan on motion filed by the Bohl Go, who claimed to have been greatly harassed by the instrument. MT Bohl asked to have the injunction dissolved, and if not dissolved to have it modified so that he could use the spur track. Col onel Burpee appeared for the plaintiff and Attorney Bronson for the defend ant. The latter claimed that having purchased part of the land adjoining the track and having leased another part of 1t they had the usual right of an ordinary tenant to the use of the track. The hearing was mostly con- f1ned-to that part of the motion asking for a modification of the injunction. Following is the judges memorandum in full:
 Said injunction is hereby modified so that the said Valentine Bohl Co may use in common with the said Lil- ley, Swift Se Go and others, the spur railroad track described in said com Ya1oinf for 10 of frqnSn0rflnQ e their merchandise to and from the main line of the said railroad com pany's tracks to the main buildings of the said Valentine Bohl Go standlng upon their lot of land upon the corner of Cedar street and said spur track. This lot extends and is bounded as follows: 1775 feet upon said Cedar street, 5s.33 feet upon said spur track, and S329 feet upon said land leased to said Valentine Bohl Go by said LII ley, Swift & Co.,
 'sThe remainder of said injunction IS denied for the reason that the ques- tions arising as to the rights of the parties to the lot leased to said Valen, tine Bohl as above mentioned requires a more extended investigation tnap has been given upon the hearing upon this motion"
 This gives. almost all that the Bohl Go asked for; the use of the spur track to their premises. The decision, ln the opinion of the plaintiff, will cut no figure in the end, as the motion was not heard nor decided upon its merits This only brings nearer the opening or the war between the representative or the beef trust and the anti-beef trust in this city. A suit will now be en- tered by the plaintiff which will open up the merits of the case.
 The defense regards the decision as a victory They claim that the order of the judge gives the defendant no more than the plaintiffs were willing and. in fact, did allow-that is, the use of the spur track as far as the land which they bought extended. While the Bohl company represented Nelson, Morris & Go, part of the beef trust, they were allowed the full use of the spur track. but when they severed re- lations with them about month ago and entered into business relations with competitors, an antitrust concern, the plaintiffs decided that the defendants had no further legal right to the use of all the spur. Attorney Bronson has served a notice upon Colonel Burpee that he will apply for a hearing upon that part of the injunction which has not been heard.