Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1921-09-30
RAILROAD CASE
TO BE ADVANCED
Judge Howe Gives Permission
for Filing Complaint
No Injunction to BE Issued--BrattIcbor
g. Whitehall Co. Oppose Curtailment of
West River Service

west hiNcf service.
Judge Harland b. Howe in the United
States court mt Montpelier Saturday
granted the motion of the Brattlcboro 4
Whitehall Railroad Co. to bring forward
on the docket the case of the New London
Northern Railroad Co. against the Brat
tlcboro x Whitehall Railroad Co., and
gave the Brattleboro & Whitehall Co
leave to file a bill of complaint which
means that within short time the court
will hold a hearing relative to the cur
tailed service on the West River branch
of the Central Vermont railroad. of
whose system the New London road is
Il part. va.
The New London road in 1908 brought
n proceeding in the United States court
for foreclosure of n mortgage against the
Brattlcboro 4 Whitehall Co., whose
road from Brattleboro to South London
derry was narrow guagc road In Feb
ruary, 1905, the court granted decree
of foreclosure to the New London road
under certain terms and conditions, one
of which was that before Dec. /, 1906,
the plaintiff should change the Brattle-
boro Whitehall road into II standard
guagc road. This was done and the road
was renamed the West River railroad,
but the case stands on the court docket
as the New London Northern Railroad
CO. against the Brattlcboro 4 Whitehall
Railroad Co.
Another condition OF the decree OF 1Orc-
closure was that after the BrattlcbOrO X
Whitehall road was converted into stand
ard guagc the plaintiff 'Shall always
thereafter continue to maintain and oper-
ate the same so as to properly accom-
modatc the freight and passenger bust
ness naturally coming to said road 1t
was provided also that the defendant
might apply to the court to have the
case brought forward upon brecch or
noncompliance of the conditions, and
that the court should make such orders
concerning the operation and mainten-
ance of the road as it might deem ex-
pedent
Attorney AV. D. Piper of Brattlcboro
represented the Brattleboro & Whitehall
Co. at the hearing Saturday, and the
Central Vermont was represented by At
torncy John w. Redmond of Newport
and Attorney William McFccters of st
Adams. President Il. c. Smith and Gen
pral Freight and Passenger Agent J. w
IIancy of St. Adams also were present
1t was asked by Attorney Piper that
temporary injunction be issued re
straining the Central Vermont from put
ting into effect its proposed curtailet
schedule on the West River road, but the
court held that until the matter was dis
posed of the curtailcd schedule would
not do irrcparablc injury to the petition
or and so denied the motion for tenn
porary injunction, but he did grant tho
motion to bring the case forward ant
gave the petitioner leave to file bill
of complaint asking for specific perform
ance of the conditions agreed to in 1909
on which the courts decree was based
and this bill of complaint will be flee
soon. Either party will have the RICH
to appeal from the orders the court ma.
make.
Through Attorney Piper a COMMITTEE
consisting of himself and Judge IL
Cudworth and Judge r.. l.. Waterman
representing the Brattleboro & White
hall Co., filed with the court a motor
to have the case brought forward, claim
ing that the decree relative to maintain
ing and operating the road to properly
accommodate the freight and passenger
business had not been carried out ant
specifying wherein it had not been car
ricd out including the following particu
lars:
Recently the Central Vermont ha'
changed the operation of the Winhall
WilliamsvlIc and West DummcrstOl
stations to what are known as prepay
mcnt stations, whereby patrons are nm
able to buy tickets or check baggage, shiI
freight receipts therefor, or receive
freight such as had the freight charges
thereon fully prepaid.
For a long time following the enterins
of the decree local and less than car
load lots of freight were received ant
NHlpUcu udllN, DUl r TcCpItlN INC uStli
has refused to accept or ship any freigh
in less than carload lots originating oil
the West River road to be shipped t.
points on that road and elsewhere ex
ccpt on one day. Friday, of each week.
1t is claimed that the plaintiff ha
permitted the road bed to deteriorat
and become out of repair so that dcrail
mcnts and accidents are frequent oc
curence.
The curtailcd West River train SEIZED
ulc is made part of the motion, ther
being only one train each way "A day ant
that mixed train.
The petitioner represents that ther
are ~ pupils residents of towns on tn
line of the West River road who are stu
dents in the Brattcboro high school, al
of whom use the passenger train in &c
ing to and from their homes, 10 of whoI
have used the train each school day i
the year and the rest on Mondays an
Fridays.
Charles II. Willard of Townshend ha
in his employ five workmen who come t
his woodworking establishment froi
other points on the railroad daily an
have used the passenger train regularly
Brattleboro is the principal markC
and trading point for residents of tn
towns adjoining the railroad and the
have been accustomed for many years
come here on the passenger train in tn
morning, spend the day mere ana retuf
in the evening.
Several cooperative creamcries owne
and operated by farmers and dairyme
resident along the West River road hav
shipped their produce for many year
over this railroad to long establishe
customers.
For many years residents of the town
along this railroad have received tw
mails daily from BrattlcborO and mon
distant points as well as their daily ncwi
papers, but if the passenger train us di
continued they will receive only one ma
q day. will not be able to cOmmunlcat
with Barttlcboro business houses an
banks and receive replies the same da
and will be unable to receive daily new
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