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

Delaware Water Cap; that this sintention
was formed when the road was extended
from Morristown to Dover, and he charged
that this was all well known to Blair and
his confederates; that the Morris & Es-
sex r. R. Co. had expended large sums
in the construction of their road from
Newark to Dover; that they were a COM
pany in existence, while the Warren Rail
Road Company had done nothing; and
generally, that the organization Of the
Warren Il. r. Co. was fraud, to defeat
the Morris Il Essex Co.; and that the a.
dopting the survey on 4th March, and
the filing of it on 9Th March, and pur-
chase of the right of way first, and taking
possession Of the ground, were all done to
prevent and and defeat the Morris &
Essex r. r. Co.; that the contracts taken
by Blair for the right Of way, although
first, were not good, as against the Nor
ris 4 Essex r. r. Co., as it was not done
in good faith but to defeat and prevent
the Morris & Essex r. r. Co. from con-
structing their road, unless they would
consent to connect with the road that
Blair and his associates were constructing
in Pennsylvania, on such terms as Blair
might dictate; and that the Nor. & Es
r. r. Co. had 0Jtailled Deeds for some of
the lands that the Warren r. r. Co. had
contracted for; and that these Deeds had
priority over conditional contracts, taken
in bad faith, and fraud against COM
plainants rights.-Thcse were some of the
grounds taken by Mr. Whitehead in his
argument; he concluded it on Saturday
last The cause was then adjourned by
the Master until Tuesday of this week.
On Tuesday, the parties Ill present, E.
". Whelpley, Esq, on the part of the
Complainants, opened his cause in sup
port.of his Bill in an able argument; al
luded to every point in it; as he had drawn
it, he of course, was we'll booked up as to
its contents. He attacked with great force
all the supposed discrepancies in the an.
swer, which was not full; that it was, in
part, evasive, and in many cases adroitly
avoided and did not fairly come up to his
pointed iDterrogatories, and that the Bill
was not fairly answered. Like Mr..
Whitehead, he contended that the organ
ization of the Warren r. R. Co., the
filing Of the survey, the contracting for
the right of way-was done, got up, con,
cocted, conceived and carried out by Jno
[. Blair; that he was the head and front
Of the whole transaction; that the haste
of the whole proceedings showed and
proved plainly that it was a deep and
dark laid plan, to defeat and circnmvent
the NJ. & 4. r. r. Co., which was fairly
entitled to the right of way through the
Vanness and Vass Gaps, by prior right Of
DiSc0rerU and that Blair and his con-
fcderates had ascertained, by watching
the operations of Complainants Engineers
in the field, and running by their stakes,
that this was the only feasible route thro'
these mountain passes, over which road
could be constructed.
Mr.. Whelpley also contended that there
was no force in the argument, that the
oldest charter had priority; or that the
filing Of the survey gave priority; or
that adopting of the survey, or the pro-
curing of the right of way by conditional
contracts, first, gave priority. lie con-
tended, and made bold push, that q
certain contract which Blair had procured
in advance of the VI. & T.. r. r. Co, was
fraud, on the ground that this Comp
any had dispatched messenger across
the Delaware TO bring person to New
Jersey, to sell them the rjgH Of acay; that
Blair crossed the Delaware, took the per-
son 0ld n their possession, and purchased
the right Of way of him. He further
contended, that the survey of the route
Of the Warren r. Il. was not sufficiently
definite, and did not describe the route
by monuments and marks sufficiently
while the survey of the Morris & Essex
r. r. was got up with great care, and
that their description was full and def
mite.
Mr.. Whelpley commenced his argu-
ment on Wednesday. and concluded on
Thursday evening. Mr.. Whelpley and
Mr.. Whitehead, the counsel of the Com
plainants, are both men Of strong intel
lect, ripe scholars, and able debators.
After Mr.. Whelpley had concluded
WI oonu E DI AuItS cOmInGuCCu Tue arg
ument on the part Of the Warren Il. Il.
Go. He first recited the act of Incorpor-
alton, dated 18th day of February, 1851
of the latter Company, and proved by de-
monstration, and what he insisted did not
admit of doubt, that the incorporation
of the Warren Il. II. Co. by the Lcgisla-
ture of New Jersey was a franchise, grant
ed by the State of New Jersey, to that
Company; that it was property, yeal-
aty, owned by the State and under their
) control; that the State granted to the
Warren Il. II. Co, part of their fran
chaSe to construct a Rail Road, by the
most feasible route, from New Hampton
to the Delaware Water Gap, and that
that grant had priority over all others; it
| was a valid contract, and was blRalng
on the Warren r. T. Co. to construct
their Road on the most feasible route,
which he alleged the company intended
to do; and that it was alleged and admitted
by the NJ. & f. r. r. Co. that the route