The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1853-12-01

TRENTON, n. j. Nov. 1858.

L. D!df, OnarleS scranton, w Imam +.
Clark, James Blair, James Hiles, George
Titman, Adam Wandlng, Jr, and the
Warren Rail Road Company, Defendants.
In Chancery of New Jersey. Abram
Browning, Esqr., Chancellor. On motion
I to dissolve Injunction.
Asa Whitehead and E. ". Whelpley,
Esqs., appeared for the compliments, and
+. L. Frelinghuysen and j. 7. Bradley,
Esqs., for the defendants and the Warra n
R. r. Co. This cause was called up on
Tuesday, 25th October, and after consid-
cradle argument by counsel, was set down
for Thursday, 9th, when the counsel all
appeared. The reading of complainants'
Bill, of several hundred pages and also
the defendants answer, which was a long
document, occupied Thursday and part
of Friday.
The Bill of the Morris & Essex r. r.
Co. was drawn by E. w. Whelpley, Esq,
and the answer by J. G. Shipman, Esq;
both were ably drawn and displayed great
legal knowledge, The cause was opened
by Z. T. Frelinghuysen, Esq, on the
part of the defendants, and in an argu-
ment of much ability and much force, in
sisted that the Warren r. r. Co. had
priority of right; that the Charter of the
Warren R. R. Co. was first granted by
the Legislature of n. j.; that this Com
pany was legally organized on the 4th
March last, and the Stock subscribed; that
Company, on 5th March, adopted the the
survey of the route for the Road, as made
by Edwin Mcneil, the Chief Engineer and
ordered their President, John [. Blair, to
file the same in the Office Of the Secretary
of State; that the company, by their
President, John [. Blair, did, on the 7th
March last, at four minutes before ii o.
clock, A. NJ, of said day, file the survey
of the route, in the Office of the Secretary
of State; that on the 4th March last at
the time of organization, the Warren r.
R. Co. appointed committee to purchase
the right Of way for the Road; that the
said Company did, on 4th March, immc-
diately after the organization, contract
for the right of way, under hand and seal,
with certain landholders, owning part Of
the passes in the Vass, and the Yanness
Gaps; and that Immediately after filing
the survey of the route of the Warren r.
R. in the office aforesaid, that Blair and
his associates, contracted, under hand
and SEAL for the remainder Of the right
of way, of the landholders, through the
Vanness and Vass Gaps, important pas
ses in the mountains, where both roads
occupy the same ground; and this was the
bone of contention. 1t was also shown
on the part of the Warren r. R. Co. that
they had procured the necessary legisla-
ton from the State of Pennsylvania, re-
cognizing the Warren R. r. Co., and al
lowing their road to connect with the
Delaware, Lackawanna & Western r..
r. of Pa, and to bridge the Delaware;
and that j. [. Blair and associates had
constructed the Lackawanna & Western
Rail Road, from Scranton, in the Lacka-
wanna valley, in the State of Pennsylvania,
to the n. Y. & Erie r. r, at the Great Bend g.,
on the Susquehanna River, and are now
constructing the Delaware, Lackawanna
q Western Z. r. from Scranton to the
Delaware River, through the Delaware
Water Gap, to connect with the Warren
r. r., and which latter Road connects
with the Central r. II. of New Jersey,
near New Hampton; and that these Com
panies are large owners ofCoal Lands, lat
Scranton; and that it was their intention,
by these connexions, to open great r.
Road route from the cities of New York
and Philadelphia, to Lake Erie and Lake
Ontario; that it was intended to construct
the Warren r. r., in good faith, as a
complete outlet; that the Warren r. r.
Go. had taken possession of the Vass and
the Vanness Gaps under their contracts
and contracted with an experienced con-
tractor to grade the same, and had ex-
pended large sums of money in the grad
ing; that the Warren Charter was the
oldest, and vested in the Warren Com
pany the right, in express terms, to con-
struct their Road by the most feasible
route, to the Delaware Water Gap, and
that route was shown by complainants
themselves to be through the Vanness
and Vass Gaps; that the Warren route
was adopted on the 4th March, while the
Morris Il Essex route was not adopted un-
til the 6th March, that the Warren route
was first fled in the Office of the Secre-
tary of State; that the Warren Company
had first contracted for the right of way
through the passes of the mountains, and
had taken possession of the land, and
had fully fortified their position by con-
tracts, duIy achmoacfedsod anil recordcd,
and J"N n0tice giren to tie Norris d. Is
SEE r. r. Co.; and that any purchase
made by them since the contracts made,
by the Warren r. Il. Co., with the same
parties was a fraud on the part of the
Morris & Essex r. r. Co., in order to de-
feat the just and legal rights of the War
rem r, r. Co., and that the Bill was fair
ly and fully answered, in every particu-
lar; and that the survey of the Warren
Il. r. as located and described by Ed
win Mcneil, Esq, one Of the most prac-
teal and experienced Engineers in the
country, was exactly right, while the sur
vey of the Morris & Essex Il. Il. Go. was