The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1853-12-01
NO. 5.


of New Jersey did, on the 18th of Febru-
airy, 1851, confer on the Wrrren L. +.
Co. the right of domain, and all the fran
ci5se that size had, bg, the most teaSiJle
r0zlte HJOatgh tie Va1e1eSS and VaSS Gaps;
the State therefore having parted with
that franchise and right of domain to this
Company, she had, therefore, fully as
sig7zed and q7fit claimed, and conferred by
! hcf0 0acn acts, her right and franchise to
the Warren r. r. Co., she, therefore, had
no power to confer it upon others, as she
had already parted with it for full consid-
Grafton, and no other construction could
be put upon it, Again, the Warren r. r.
Co. was first chartered, and had carefully
and lawfully organized their Company
on the 4th of March; had adopted the
survey Of their route first; had first fled
/ the survey of their route; had first con-
! tracted for the land necessary for the con-
struction of the road; were the first to
! take possession of the land, and were the
! first to obtain subscriptions to build the
road; and instead of Mr.. Blair and his
! associates using great exertions to defeat
/ the Morris & Essex Il. +. Co., it was the
Morris & Essex r. 4. Co. that used all
/ their endeavors to defraud and defeat the
! Warren r. r. Co. out of their just and le-
gal rights conferred upon them by the
/ State of New Jersey; that instead of Blair
and his associates watching the move
ments of the NJ. & i. r. r. Co., that
company, by their own showing, was
watching, through their spies, the organ
ization of the Warren r. R.; having learn
ed that the Warren r, r. Company had
finished their survey, and had advertised
to open Books, to organize the said Com
pany, it was then determined to defeat the
Warren r. r. of their just and legal rights,
we'll knowing that the Warren r. r. was
duly and legally organized on the 4th of
March, and had adopted the survey of
their route. This accounts for their fol-
lowing Blair to Trenton to defeat him in
getting their survey first filed, but in
which they accre dsfeated; they then con-
ceived the plan of sending agents to War
ren, to purchase the right of way in the
Fass and Yanness Gaps, to defeat Blair
and his road, but this Blair and his asso-
ciates hal already purchased.
The NJ & f. R. R. Co. being fairly de-
feated in all their unjust endeayors, they
then conceived the plan of inducicing by
bribery some individuals who had sold
the right of way to the Warren r. r. Co.
and contracted with them for their land,
to sell the right of way orcr the rery same
route to the said NJ & Z. r. r. Co., and
to violate their contracts with the Warren
R. R. Co. This they did by paying lar
ger and exhorbitant prices, and they sue
ceeded in seducing two individuals to vi
olate their contracts, and thus obtained
deeds; but in the one case, if not in both,
they took the precaution to make it q
condition IN the deed, that if they did not
retain or use the land described in the
deed, they should have a right to have
the same amount of land in another place
upon which to locate their Road. The
Warren r. r. Co. took immediate posses
sion of the lands of the persons Sedstled
and put it under contract, y it is upon this
land that the Morris 4 Essex r. R. Co.
have obtained acitbola notice, the present
injunction, and this is the controversy.
1t was clearly shown in the answer of
j. l. Blair and his associates, that the
offer to the NJ. 4 f. r. R. Co. to induce
them to extend their road, was liberal and
fair; and that they were willing that the
latter Company should build their road.
Mr.. Brady read from numerous au-
thorities and decisions, in support of his
position, all proving the right of prior
grants; he cited the case of the Susque-
hanna Canal Co. against the Sudbury and
Erie Il. r. Co. In this case the L. r.
Co., was last chartered and the first to act
but the Court decided that the canal Co.,
having the Oldest charter gave them pri-
ority and the choice of grounds, and so
he construed all the cases read; that
they all proved that the first grants al
ways held. Mr. Bradley closed his argu-
ment on Friday evening, the cause having
occupied seven days.