The Celina Democrat. (Celina, O. [Ohio]) 1895-1921, 1917-07-06
C.H.&D.
Gets a Fresh Lease on Life by
Action of Federal Court
which Says Offspring of Main
Line Can BE Abandoned IN
Proposed Manner.

United States District Judge Holl-
lister last week set aside the sales of
the Ironton and Delphos divisions of
the Cincinnati, Hamilton and Dayton
Railway on the ground the Court had
not authority to order the sale of
these two properties in parcels.
Orders of sale will be entered by
Court within the next few days, or
dering resale of these properties. 1t
will be a stipulation they shall be
sold as entireties.
The former resulted in the Bond
holders Reorganization committee
acquiring the Ironton division from
Dayton, Ohio, to Berlin, Ohio, dis
tance approximately 100 miles, for
$1,16O,OOO, and Joseph, Joseph and
Brother Company, Cincinnati, the re-
mainder of the IrontOn division from
Berlin to Deans, a distance of approx
imately 81 miles. The Delphos div
ision was also sold in two parcels,
the first from Dayton to saltwater
Junction, a distance of AS was bid
in BY the Bondholder's committee for
100000 and the remainder, from
saltwater to Delphos, by Joseph, Jo-
sch and Brother Company for 1884,
600. The line from Saltwater to
Delphos is approximately 80 miles in
length.
Residents Protested
The order of the court setting aside
the sales were the result of protests
voiced in behalf of the residents
along those portions of the two div
isions bid in by the Joseph, Joseph
and Brother Company on the ground
it was planned to junk the lines
leaving them without transportation
facilities.
1t was contended as to the Delphos
line the property owners had donated
right of way and subscribed money
for the construction if this line 30
years ago, and if the lourt confirmed
the sale of the line in two parcels, it
would result in the loss of hundreds
of thousands of dollars in. property
valses, practically restroy the cities
an dtowns along the line, and bring
ruin to farmers, merchants, and man
ufacturers who depended upon the
line for the transportation of their
commodities to markets.
Objection to the sale of this divis-
ion in parcels was also made on the
ground that the terminal facilities at
Dayton were bid in by the Reorgani-
zation Committee an dwithout termi-
nal facilities the reslents along the
line could not successfully complain
to the Ohio Public Utilities Commits
sion TO compel teh purchaser of the
line from saltwater to Delphos to
operate it, and terminal facilities be-
ing in the hands of a competing rail
road, no hope could be entertained of
finding purchaser willing to attempt
operation.
Franchises for Operation
Court was informed the franchise
covering the operation of these divis-
ions were for the operation of the
Inc from termini to termini and that
rail roads could not be sold in parts
legally, particularly where, as in this
case such divisions would have the
effect of depriving the public of both
rights and property.
AS a evidence of god faith counsel
for the residents rendered Court
check for $4,000 as a guarantee they
would bid $315,0OO should court 'r-
der resale.
Counsel for the mortgage trustees
an d:he Bondholders committee ar
gued ends of the divisions bid in by
Joseph, Joseph and Brother company,
were losing propositions and no one
would purchase the divisions as en-
tireties with such membranes. Fig
ures were cted to show the Delphos
division had shown deficits from $4O,-
600 to $4,000 year for approxi-
mately seven years an dthe line of
the Ironton division from Berlin to
Deans had cost more to maintain and