The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-24

Atlantic and Great western Railway
AND THE
PENNSYLVANIA RAILROAD

argument of Mr.. Biddle
The Philadelphia and Reading Railroad Com
pany and the East Pennsylvania Railroad Com
pany asked to be allowed to intervene parties
defendant in this cause, which they were allowed
to do.
On Thursday, January 10, 1866, Mr.. Geo. W.
Bddle, on behalf of the petitioners, who inter-
yened, addressed the Court as follows:
Argument of g. w. BiddIe for Respondent
May it please the Court, L have been selected 10
represent the interests of the petitioners, who have
IDtervened in this case, and TO express before the
Court to-day the united views Of my colleagues,
not only upon the points presented by the bill, 0uJ
in answer TO the remarks made by counsel in the
opening speeches upon the other side, 1t is neces
sary TO consider at some length the position of the
Philadelphia aud Reading Railroad Company and
the East Pennsylvania Railroad Company in this
case their relations to the Atlantic and Great
Western Railroad Company and the other compa-
nies forming this consolidated through route, from
The centre of Penney vana and the borders of
Ohio to the city of Philadelphia, and why is that
they are here on this occasion.
My learned friend Mr.. Cuyler, took occasion to
say that he charged upon these individual COM
panies, well as upon the Atlanuc and Great
Western Railway Company, an intention pur-
posely to mislead the Court and, of course,
TO misead the community, by setting up apre-
tence of an intention to build continuous
through line OF nsfrow gauge road from the
west, through Pennsylvania, terminating in
Philadelphia. I hardly think that when my
learned friend made that remark he could have
weighed the provisions of the contract which
read before the Court yesterday. Nor do L think
that he could have reflected upon the nature of the
to the Court nor the character of the negotiations
which had taken place between the Philadelphia
and Reading Railroad Company and the other
companies in regard to this contract. hardly
think he could have considered any of these points,
OF ne Wonld not nave gwen ulterahce 10 TINS lan-
gnage. Words, however, are cheap, and at this
stage of the proceedings ii is not my intention TO
repel one charge by insttuting another. 1t may be
necessary in some future stage of the proceedings
to say something of the several relations which
the Reading Railroad Company and the Pennsyl-
varia Railroad Company occupy towards the city
of Philadelphia In the later stage of the case it
may be important and at that time shall beready
To show who are the true promoters of the interests
of Philadelphia and who are not. do no tear that
discussion, nor do the petitioners represented by
me decline to come into court and enter into II
fully.
1t is my intention to discuss the provisions of the
agreement of January 10, 1866, and say 70 every
body within the sound of my voice that we invite
the most rigid scrutiny into this contract. We
willing to stand far the interests of the city Of
Philadelphia are concerned, ny the provisions Of
that contract, and say this deliberately and ad-
visedlY, having almost from the commencement of
the negotiations been a party to them, aud having,
with my colleague, watched with great deal of
interest their progress, and having Witnessed their
termination but day or two ago, the delay that
resulted from the time the negotiations were lnltt-
ated in the close of November, 1865 10 their COM
pletion day before yesterday, having resulted very
materially TO the interests of this city. q
What were these primary negotiatons7 We find
by reference to the resolutions printed on page 10
of this contract which your Honor has before you,
that early the 26h of October last before the
contract between the Cata wissa Railroad Company
and the Atlantic ana Great Western Railway Com
pany was executed, VIZ, in the beginning of No.,
vember, that the Atlantic and Great Western Rail-
way Company deliberately expressed its determI-
nation TO form a connection with the city OF
Philadelphia. On the 26th of October, the En-
glish capitalists were still it the country
Judge Read-Yes, sir; they did not leave until
the 1st of November, / think, or the day after.
Mr.. Biddle-Well, as your Honor observes, at
that time Sir Morton Peto and his friends were in
the country, having just completed an extended
tour through the west.
Mr.. Ouyler-During which time they steadily
refused to accept the hospitality of the Pennsylva
MIA Railroad Company whenever offered, although
repeatedly rendered.
Mr.. Biddle-Ah! then the Pennsyl vania Rail
road Company did coquette with the maiden atfec-
tons of this then unwedded Atlantic and Great
Western Railway Company, and desired the smiles
of our English tourists to benefit their purposes
and approve their plans. With this friendly aid,
which my learned friend has volunteered, will
continue
On the 26th of October we find thai the Atlantic
and Great Western Railway Company adopted the
ton Peto, M. p, Hon. r. J. Walker and T. w.
Kennard, Esq, Engineer-in- Chief, be and they are
hereby authorized and empowered to negotiate for
and perfect such arrangements and contracts on
behalf OF the company with other railway COM
panies or persons as they may consider necessary
favorable and advantageous railway connections
with Philadelphia and New York cities" SO at
the very outset find that on the 26th OF October
| it was prominent topic of discussion. embodied
in the shape OF resolution, that the Atlantic and
| Great Western Railway Company should secure
through railway connection between the west and
the city OF Phlladepha, and 1t is patent feature
of this case that this desire was one of the great
objects AIMED at by the consolidated company.
We find, also from the afidaYits TWO or three OF
which read before the Court, that as early as
the 2lst of November negotiations were opened be-
| tween the Reading Railroad Company and this
company in regard to this connection. We find,
by the same afidavts, that that negotiation and
respectfully ask your Honors closest consideration
to these points) was based upon two cardinal
points. First, that the rate per per mile and
per passenger per mile should never be lower be-
tween the city of New York and the west than it.
is between the city of Philadelphia and the west.
We this cardinal principle established in these
negotiations at the outset adhered TO closely in the
progress, and conceded on the eonsummation OF
the contract. Another cardinal point was that the
anthracite coal trade, which may be called the To-
| cal trade of the Reading Railroad and the city of
Philadelphia, was TO be under the direction OF the
Reading Railroad Company.
There are subordinate points, as there must ne
cessarlly be in the disccsslon OF contract as i'm
portant as this and the wonder is, not that 1t was
delayed so long, but that IL was completed
early, securing all these important points to the
city OF Philadelphia. The third point in my view,
and think in the view OF every intelligent busi-
ness man In the community, which was debated,
but finally conceded to the Reading Railroad
Company and TO the City of Philadelphia almost
on the very day that the contract closed, was the
provision giving TO the Reading Railroad Com
pany the right to fix the rates on trade going 70
the west so that 1t may always regulate that rate
with reference to similar rates from the city OF
New YORK The Reading Railroad has always
been denuned with the interests of the city OF PM
ladelphia IL has always been locates in the city
OF Phiiadelphia and If further proof oi its hdeliy
TO the interests OF the city were needed the dlll-
gence with which 1t has guarded this contract
would furnish abundant evidence.
You Will bear in mind, and Will snow you by
an Hfhdavit that shall read in minute, that by
thus securing the same rate per mile to the city OF
Phiadelphia, and in favor OF the state or Pennsyl
Vanta, IL gave an dvantage 70 the city OF Fhiadel-
phia from which it can never oe deprived, because
of its geographical position. Referring TO this po-
sltion and the position of New York you Wall see
that matter where you construct line, even II
1t be an air line which is the shortest and most di