New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-24
The President of the New-Creek Company

The President Of the New-Creek Company
has returned from Baltimore having completed the
purchase Of most valuable wharf property at Locust
Point It has ample depth Of water and, being direct
" opposite Fes Point ia in the vicinity of all the chip
ping ofthe port A sample of coal from one Of their
veins, in front Of the office of tho Company, No.
Wallet, sttracts much attention.
In addition to the 6fty-tw0 miles OF tho To
iedo Norwak and Cleveland Railroad opened on the
Goth December, the Company began running between
Srsfton and Norwalk, TO Accommodate way business.
on Friday Of last week The bridge over the cast
branch of the Huron River will be up that mag
pass the whole line Msnday next and the Com.
psny will commence running it regularly by the mid.
die Of the week. The travel over ths Road Is coz.
stantly increasing
We hear of purchases Of about 1000 tuns
Rails for Western Roads, two-thirds Of which were
made at $40 y mn, free on bond.
We annex the able minority opinion OF Judge
Lewis Of the Supreme Cours Of Pennsylvania, In tho
Gaze Of the Commonwealth Va the franklin Canal
Co. delivered (oraIy) the l0th inst a. reported In
TIE Daily Nsps II is unnecessary, toa clear undn-
standing Of the case TO premise thnt about one month
before the Franklin Canal Co had finished that dvsoa
OF their Rsrosd which extends from Erie 70 the Ohio
stste line sud which forms part Of the Lake Shore
line Of Roads bill in chhneery fled in the So
preme Court Of Pcnnsyvania In the Of the Com
monwesih praying that the Company be eBjonod from
finishing running that part Of thsir Road, on the
ground that they had not complied and did not ntesdto
comply with other acquisitions OF their charter The
Road finished and cars run over its whole lengA
On the l1h Of November, and she 9th day OF Do
cember the motion fora preliminary injunction agaase
he Company for hearing to the bill having
been fled nor rule for answer entered.
The Court after hearing TIE arguments on connset.
refu,eds preliminary Injunction the ground, ,hsf
law OF The sste required the party applying TO give
bond with adequate security to indemnify the party
,gans, which the injunction Ia granted for all damages
oces.ioned heTeby-th,t no legal provision had been
made for diving sueh bond behalf Of the State, and
tia. the State would not be sunbe thereon even such
bond were given la delivering the opinion Of the
majority of the Court denying ths injunction Ch@
Justice Black instead Of simply ssdgnng the reasons
for the denial adopted the very unusual n not unpfe
esdeneJ couse of expressing In this Of the pro
e.edipgs s opnisn on the merits Of the case, and 20
computing majority Of Inc Court a. 10 preclude the
id.s of an irparti. examination Of the facts involved
or OF the legal CONSCIOUSNESS towing sherefrom. We
h.ye space TO give this opinion Of Judge B,sck NJ
length but strikes not remarkable for its sound
legal learning or cogency Of argument The couutx
opinion OF Judge Lewis TO- however, a much better
commentary oA IL than write
Judge Lewis delivered verbal opinion. lie expressed
hs rssre that the opinion just read had not, according
to custom been submitted 70 the judges In consusfion,
for he thst It had been he could have sub
matted views 70 his sre.bSen which, they did NOS
influence their ivdgnents might have been worthy o.
Iher coLsicersfisn He opposed 70 every part OF
the opinion He believed that the ssats was not bound
10 give security, ard was not such party " wss IN
cndsd within the Of le46 sAd for that rsasos Aobs
great care ought be taken 10 svsrd al inanc'on
except 10 a clear rase He could not agree WITH ths
otinion on the ether poins The fruktn Canal Com
psby are not hound 70 erect railroad on the Tow pssh
oft6e canal they have tbs privilege 70 90 50, onsToey
,y AZ their option make that part Of the line canal or
slack water pavgston 10 the end Of time. Inn acf an
tkorzes them seecs the route hat thsy should dee
pucst expsdeut and advantageous They hsvo eiecsed
sueh q rosie, and Il 10 not denied thH they can com
nence at any point they prefer. II has so been snows
thst better route could be adopted and lays upos
the party making such allegation 10 Yoinf 0u o.
| ter and give some evidence Of II
The presumption is 10 favor Of the Company - -.
incumbent on party alleging th1s ne ISmp "a
oommisted fraud TO prove i By propn -. sT.,.,s,s
not ask Court TO presume apon 70 ,e-s
which the Company has not f.1 ofYoss2 s.sr. !.
4, laws DOR the plaintiff di<nncty sne
.Low better rosse sAaa shsf sdoPsod ~ "e '"P-T