The Washington herald., 1920-11-26
LEGAL NOTICES.
NOTICE.

gives notice that on the sth day Of No
vemoer, 1870. V hlcd with the Interstate
commerce Commission at its office In
"asaissson. D: O. an application for for
ture public convenience and necessity per
NIT 10 TO acquire and operats q railroad
In the State Of Indiana, formerly the Evans
vile 4 Indianapolis Railroad. Pursuant TO
the Requirement. Of the Commission, said
application Is now published as follows:
IN THE NATTER OF THE APPLICATION
OF EVANSVILLE. INDIANAPOLIS 4
TERRE HAUTE RAILWAY COMPANY
FOR A CERTIFICATE OF PUBLIC CON-
vENIENCE AND NECESSITY PURsU-
elusive. OF SECTION I, OF THE IN
TERsTATE COMMERCE. ACT AS
The Evansville. Indianapolis Terre
piication to the Interstate Commerce Com
mission pursuant to Paragraphs Is to y
inclusive, Section /, Of the Interstate Com
merce Act as amended BY Section 4O2 OF
the Transportation Act. 1870. for eertih-
cate of public convenience and necessity
ior the acquisition and opera ton BY the ap-
picaat OF the railroad formerly known rs
the Evansville q Indianap polls Railroad here
matter more particularly described.
In support Of its said applica ton apph-
can't respectfully states:
I'D The Full name Of applicant is
Evansville, Indiana polls & Terre Haute Rail-
way Company. Its post office address and
general Office is-United States Trust Com
pany Building. Terre Haute, Indiana. Its
President isl. Peyton Clark, whose post
Office adress is-43 Cedar Street. New York
CITY, New York. It's Secretary is-Raymond
NJ Smith, whose post office address is-43
Cedar Street, New York City, New York,
and its attorney. General CounseD Is John
q. Beasley, whose post Office address Is
United States Trust Company Building,
Terre Haute, Indiana.
t2) The applicant was organized under
the laws Of the State Of Indiana.
l3) The making and hline Of this appli-
cation has been authorized and approved at
n meeting of the Board Of Directors Of ap-
phca Mt, held at its general Office at the city
OF Terre Haute, Indiana, on the 5th day Of
October. 1890.
(D The line of railroad Of the applicant
lies wholly within the State OF Indiana
and extends in 4 general northerly and
southerly direction from its southern ter
minus at or near a point known as Straight
Line Junction Cbeing the junction OF a
railroad formerly the Evansville & Terre
Haute Railroad. now a division Of the Chi
esgo Eastern Illinois. and the railroad
herein described formerly the Evansville &
India M polls RailrOad) located within four
miles, more or less, north Of the railroad
passenger depot commonly known the
% Z. l. depot'') in the city Of Evans
- vile, In the County Of vanderburgh, in the
State Of Indiana. thence through the Coun-
ties Of Vsuderburgh. Warrick, Gibson. Pike,
Daviess. Greene, Owen, Clay and yigo to a
connection with the line Of railroad OF the
Cleveland, Cincinnati. Chicago q st. louis
Railway Company in the city Of Terre
Haute in said County Of yigo.
(1l The loca ton, route and termini Of
the line Of railroad of the applicant Is de-
seribed in the preceding paragraph.
t6l The reasons relied upon BY applicant
to show that public convenience and neces-
sity required and does require the acquisi-
ton and opera tion BY the applicant Of said
line Of railroad are as follows:
The liue OF railroad in question formerly
was owned BY the Evansville and Indian
apolis Railroad Company. The capital stock
OF that company was owned by the Evans
Vile and Terre Haute Railroad Company
and the lines Of railroad respectively Of said
two companies were practically parallel and
competing to a greater or lesser extent. In
1911 the Chicago and Eastern Illinois Rail-
road Company. the Evansville Belt Railroad
Company and the Evansville and Terre
Hrute Railroad Company were consolida ted
under the corporate name of Chicago and
Eastern Illinois Railroad Company. In May,
1913. the Chicago & Eastern Illinois Rail-
road Company went into the hands Of
receiver and by reason of its Inability
to make good its guaranty Of the bonds
Of said EyansyiIle and indianapolis Rail-
road Company default IN the payment OF
interest thereon occurred on July I, 1914.
Thereafter a foreclosure suit was brought
BY the trustees Of the Evansville and In
and a separate receiver for the Evans
Vile aud Indianapolis Railroad was sp-
pointed and went into possession OF the
road in February. 1916. and operated II
until the acquisition thereof by applicant on
June 16. 1870 texcept that the road was
operated By the United States during the
Federal control period). On June ), 1920
the Evansville and India apolis Railroad
was sold BY the Master Of the United States
District Court within and for the District
n NJ
closure made and entered In the foreclosure
suit brought py the trustees of the Evans
Vile and India napolis Railroad Company's
mortgages- Pursuant to plan and agree
ment for the reorganiZa tion OF the Evans
vile and India nal polls Railroad Company a
committee Of bondholders purchased the
property at such judicial sale and organ
lied or caused to be organized the applicant
under applicable laws Of the State Of In
diana and thereupon conveyed the railroad
to such corporation, the applicant.
Because OF Its anilia ton with said Evans
vile and Terre Haute Railroad Company
and said Chicago and Eastern Illinois Rail-
road Company or for other rea sons. said
Evansville and Indianapolis Railroad was
not maintained and opera ted in such man
ner rs to adequately meet the transporta-
tion needs Of the public. 1t did not pos
sess adequate rolling stock Of its own and
Under its financial structure and orzaniza-
tion IL did not possess the means of credit
to acquire the same, and main tain its rail-
road in efficient condition to serve and de-
velop the natural resources and industries
dependent upon 1t for transportation. Incl
dent to and as condition precedent to the
acquisition Of said railroad BY the appll-
cant, II entered into a contract with the
Cleveland, Cincinnati, Chicago and st. Louis
Railway Company under which said last
named Company undertook to furnish rolling
stock including locomotives and as agent
and manager. to operate said railroad for
applicant and since such acquisition by an
plicant has furnished such rolling stock in
cluding locomotives and has efficiently op-
Grated said railroad as such agent and
manager for applicant and has greatly i'm
proved the service and usefulness Of said
railroad as q common carrier. The prac-
teal results Of the ownership and opera
tion OF said railroad by applicant through
Its operating agent, the said Cleveland,
Cincinnati, Chicago and st. Louis Railway
Company are illustrated BY the following:
The largest In tonnage and most impor-
tant single commodity moving over the rail<
read Is coal The largest amount Of coal
transported over the road in any year prior
to its acquisition By applicant was in the
year 1e1s. and was attributable to the war
necessities The coal moved over the road
NJ that year was approximately 300 900
tons Since the acquisition Of the railroad
By applicant. June 16, 1870, the coal moved
over the road has been at the rate OF ap-
proximately one and three-quarter million
tons or almost double the highest previous
years movement The traffic officials Of
the road estimate that for the year 1921
the road win transport approximately s,0OO,-
600 tons or coal If the railroad is put into
condition to handle II. The renerai or mis-
eellaneous freight movement over the road
has increased In practically equal proper
tons with coal and In the opinion of traffic
officials will continue to do so.
By reason Of the foregoing facts and its
geographical location and its vain, NJ. Tar