Year: 1873

injunction Against the Atlantic and


Pacific Railroad Company Denied


Extended Internecine Western Railroad


Fight-Important Decision by Judge


Daniels.


The particulars of the suit brought by Samuel P.
Dlnsmore against the Atlantic and Pacific Railroad
Company and others have already been published
in the HERALD. Some time since, as will be re-
membered, temporary Injunction was obtained
restraining the defendants from paying the rents
reserved in a lease to it by the Pacific Railroad
Company of Missouri This rent was payable for
the use Of the railroad built by the lessor and for
the control and use OF five other railroads,
previously leased to the South Pacific Railroad of
Missouri The road ofthe lessor extended from st.
Louis to Jefferson City and was designed to be eX
tended to the westerly boundary Of the State.
The roads leased to that company were
the Missouri River Railroad, the Leavenworth,
Atchison and northwestern Railroad, the % Boon,
Kansas Railroad, the Lexington and st. Louis
Railroad and the st. Louis, Lawrence and Denver
Atlantic and Pacific Railroad Company. The roads
leased to that company and the part OF its own
which the Atlantic and Pacific Railroad by its char
ter was to construct its road and formed no part
OF the connections which that act in terms author
Injunction was originally granted WAS WAS





leased by the Atlantic and Pacihc Railroad Com
pany was justified by the circumstance that 1t
could not obtain the road from Franklin to st.
Louis without taking the others along with 1t. A
few days ago motion was made before Judge
Daniels, then holding supreme Court Chambers In
this city. TO continue this Injunction. and the case
was argued at great length by opposing counsel.


Judge Daniels gave bis decision on the motion
yesterday, enlarging the same in very lengthy
and exhaustive opinion. The following Is resume
OF the


POINTS OF JUDGE DANIELS OPINION.


After unfolding the nature and grounds or the
aSs ana and Pac Railroad rmed
by Congress July 1896, In which So, 600 600 acres
OF land was granted to the Company In addition
belonging to the United States, he gives the
history and respective grants by the government
TO the other railroad companies named also, and
should not conflict with one another. Next in
order he recites the particulars OF the incorpora-
ton by Missouri, in 1868, Of the New South Pacific
the preliminary facts he decides that the provi-
sons were broad enough to permit the Atlantic
and Pacific Railroad Company to receive lease Of
extending from Franklin to st. Louis, but
the lease OF that road from Franklin to Jeffer-
son City and the lease OF five other roads
charter allowing to take leases OF the other rail-
roads In order to induce the leasing to 1t OF that
part OF the road between Franklin and st. Louis.
II that could be done, with the same propriety 1t
might, under similar exactions, have taken leases
OF every railroad in the West. These leases were,
therefore, void for want OF authority In the Attain
tic and Pacific Railroad Company to receive them.
And that would result in the cancellation Of the
lease from Franklin to st. Louis, because the rent
TO be paid for all consists OF an entire amount In
capable Of apporti0nment. He holds in conclu-
sion, that he cannot enoin the vment altogether,
because the assignments and leases cannot be an
nulled in this action for the reason that the other
railroads have not been made parties to II. The
motion to continue the Injunction is, therefore,
denied, with $40 costs.