The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-26
From the Bsipidere (.N j. Iatelligencer.
A MOMENTOUs LAW SUIT,

We have refraned from any participation in the
present pen-and-ink warfare against the Camden
and Amboy and Its associate companies, not from
any sympathy with the party attacked, nor because
of any ignorance of the merits of the case-for no
one knows them better-but simply because we
have not thought the time for effective action had
come. The present movement appears to be uni
versal, and 1t is conducted with a large share of
talent and tact But we doubt very much if this is
the time for serious agitation Of the question of
the dissolution of the monopoly indeed so long as
the Investigations Of the State Commissioners are
incomplete, and while the important suit of the
Company Us. Briggs, now pending in the court of
errors, is undecided, such wholesale onslaught of
general charges in general terms strikes US as i'll
Judged and of no possible use.
Yet the public ought to be informed as to the case
we have alluded to in the court Of errors Ii will
probably be argued and adjudged the approaching
term, and strenuous effort made to SET aside the
decision of Judge Nevius, in the supreme court a
decision bearing directly against the company, and
If sustained, leading TO loss, on their part of per-
haps quarter ola million of dollars. OF course the
argument will be one Of much interest, particularly
as opinions have been obtained from George Wood,
John Sergeant, John M Clayton, and other emf
nent lawyers, controvertlng that of Judge MENUS.
As copies of the supreme court decision are not
easily 20 be had, republish it for the benefit of
readers:
SUPREME CouRT, January term, lS48.
lne Cdmden ana Annoy X. X. transportation
Co. us. Peter Briggs.
Nevius, Justice: This action was brought by the
defendant in certiorari against the plaintiff to
yer penalty Of 800, under the act prevent the
taking Of unlawful toll or fare on canals and rail-
roads, for an alleged violation Of law in charging
more than they authorized TO charge for the
transportation Of certain merchandise from the city
Of New York to- the city of Trenton, by way Of
South Amboy and Bordentown.
The facts as agreed upon bv the counsel of the
respective parties, these: On the trial before
the justice, the plaintiff below proved that the de-
PENDANT, on the 29th of January, 1916, charged
Briggs a. Bacon, partners, So cents for one box, of
the weight Of 240 lbs, for the Transportation Of the
same from New York, by way Of the Camden and
Aniboy railroad to Trenton that the same was
transported by the steamboat Of the company from
New York TO South Amboy, distance Of 30 miles;
thence in the cars Of the company over the comps-
ny's railroad to Bordentown, distance of 35 miles;
thence over the companys railroad to Trenton,
distance OF miles; the whole distance being II
mies-and that the said transportation was done by
and for the benefit Of the said company. The bill
was paid by the plaintiff to the agent Of the COM
pany. The justice gave judgment for the plaintiff
below, for the penalty Of 800, with costs. II is
agreed by the parties, that if upon the above state of
facts, the plaintiff below entitled to recover,
that then the judgment be affirmed, otherwise that
il be reversed.
The only question for the consideration and de-
cision of this court is, whether the charge made by
the company is greater than the law authorized
them to make. The company do not put them
selves upon the ground that the charge was made
by accident OF mistake, or from any miscalcula-
ton, but they claim that they bad the lawful right
to make the charge which they did make. This
suit is brought under the act to prevent the taking
Of unlawful toll or fare on canals and railroads,
passed the 18th March, 1899, Rev. Stat. COL.
This statute imposed penalty Of 500 on any in
corporated company in this State, (having by law
right to take,) for taking, under any pretence
whatever than the charge, toll, rates or fare
allowed by law
BY the 10th section Of the act incorporating the
Camden and Amboy Railroad and Transportation
Co, they are authorized to demand and receive
tolls for the transportation Of ere,y species Of pro-
psrty ohnsoerer thereon, as they shall think rea-
sonable and proper, provided that they shall not
charge more than at the rate Of eight cents per ton
per mile for the transportation Of epsry species Of
property. IL this power to regulate and charge
reasonable TOLL with it's limitation, extends to the
whole distance between New York and TRENTON
to w.t. II milcs--then the company have, in the
case before us, charged more than by law they
were authorized TO charge, and have subjected
themselves TO the penalty under the act Of 1889.
But the company contend that this section Of their
charter, Inning the rate Of toll to eight cents per
ton per mile for transportation, extends only to the
transportation on their railroad, which terminates
at South Amboy, and that they are not restricted
in their charges for transportation by water, be-
tween South Amboy and New York, or between
Bordentown and Trenton, on the Trenton road,