The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-19
LEGAL INTELLIGENOE.
TEE GREAT RAILWAY SUIT.

complained that the Secretary of the Common
wealth refused to file IN his Office copy Of their
agreement and they have admitted that he re-
fused to do so on the ground that he could not
see the authority whereby such agreement was
made. They furthermore admit that the Attor-
ney-General instructed the Secretary not to
place IL upon his file. If the agreement was
lawfully made could these State officers have
refused to discharge their duties in respect to it
What the Atlantic Road wanted to effect was
to consolidate their railroad with railways In
New York and Ohio, with which they we're then
In working connection. They wanted the exclu.
sive right, and they have not quite accomplished
IL, although they have secured much ingenious
legislation. The Attorney-General very properly
could see no authority for opening our territory
TO foreigners, and allowing their exclusive con
troll of a road from the city OF Dayton, in Ohio,
TO the city of New York.
understood Judge Church to say that they
they had no remedy at all in case like this,
where the Secretary of the Commonwealth re-
fused to file their agreement. In so Bnney,
81, it was held that where q ministerial act is to
be done, and there Is no other specific remedy, a
mandamus will be granted to do the act re-
quired. So the defendants had remedy at
hand II they sustained any injury.
The third section OF the act OF consolidation
provides that the Atlantic and Great Western
RailToad Company shall have the, same rights
and privileges aud be subject to the same re-
strlctions and liabilities, as were the original
companies before consolidation. In other words,
when the Atlantic Company OF Western Penn
sylvania becomes consolidated with the Atlantic
granted by the New York Legislature to the
corporation of that Slate are adopted as the law
OF Pennsylvania and in like manner, under the
provisions of this most extraordinary act, we
import from The State of Ohio the legislation OF
that Common wealth., aud make it part of the
law of this State! Was there ever seen such
reckless legislation as this Was there ever
greater infringement upon the rights of this
Commonwealth
say, your honor, that there's no such corpo-
ration in existence in Pennsylvania as the
onf in orndC Poll lurau nv
for their act of consolidation distinctly says that
copy of the act shall be filed in the office OF
the Secretary, with his seal attached, (which
shall be the evidence OF the existence of this
corporation
My learned friends say we have brought suit
against the Atlantic and Great WesJern Com
pany, thus recognizing its existence We admit
the existence of the company, but not as cor
poration known to the law 1t IS merely a
copartnership.
My learned friend has urged that our allies are
the New York and Erie Road, and that we have
Disseminated against Philadelphia and in favor
OF New York, in our rates oftol To show how
much of Philadelphia institution is the Allan
tic and Great Western Railway, will produce
the Money Market ReU1e,C, of November 25, 1865,
published in London twenty-five days after
the execution Of this lease and contract
with the Catawissa road, in order to form, &C
cording to the language OF the lease "a great
through route to the city of New York"). You
will ind there an article about petroleum. 1t
contains among other things the exports from
New 1Orh IOr lSbZ-j-1. you might reaQ IL
through without suspectlng the existence OF
such place as Philadelphia.
MIR. Gibbons also quoted speech of Sir Nor
ton Peto at London banquet, contained in the
same paper, wherein Penns sylvania and her in
terests are entirely ignored, and Sir Morton
states that the Atlantic Company sustain the
most amicaDle relations with the New York and
Erie Railroad. .
The Reading Railroad Company have come
into Court petltioning to be admitted as the ally
of this London monopoly. They attack the
Pennsylvania Railroad. They assume to be the
protector and patron of Philadelphia Yet there
is not manufacturer In Philadelphia who is not
compelled to pay for his coal two dollars per ton
more than its legitimate value. And those two
dollars go into the treasury OF the Reading Rail
road Company. trl.
shall conclude my argument with summing
up the points have endeavored to establish
First. That the contract between the Sunbury
and Etle and the Catawissa roads, containing q
grant Of the franchises OF the former Company is
not In lis nature assignable t) any corporation.
Second, That the Catawissa road, having volun-
tarily divested itself of its railroad and rolling
stock has by that act divested itself of all rights
under the contract Third. That this Court has
jurisdiction to restrain the assignment, and
direct the cancellation of the contract. Fourth.
That the lease between the Catawissa and At
'lantic roads is ultra UiTeS. H .E.
Mr.. Cuyler then assumed the duty of conclud-
ing the argument Tor the plaintiffs. He argued
that the main point involved in the suit was as
to the validity of this lease between the Cata-
.wissa road, and the Atlantic and Great Western
road and Western Central roads. He maintained
that it was invalid, because no such corporation
exists in this Commonwealth as the Atlantic and
Great Western Railroad Company. Where is the
evidence of its existence? They cannot produce
any, except an affidavit that their charter was
not filed away in the State archives.
DISTRICT Court, No. 2-Judge Stroud.-Ange
lima Palethorp trustee of the estate of John H
Palethorp, deceased, Vs. Gustavus Bsrgner and
Christian Muehleck, now or late trading as Berg
ner & Muehleck. This was an action to recover
damages for the alleged violation of a certain
agreement for the leasing of Military Hail. in
Library street, in this city, by plaintiff TO the de-
fendants
1t is alleged by the plaintiff that on the Sth o
June, 1868, the defendants entered into an agree
ment with her for the leasing of Military Hall al
the annual rent of $500 per annum, for the
period of five years. with the privilege OF a ten
years lease at the same rent, provided, ho weyer
certain Improvements, repairs, ETC.. were made
done, and paid for by the defendants, and the
first two stories OF the building were brought
out to the line of the Mercantile Library Build
ing on the same street.
Under this agreement it is alleged that the de
PENDANTS entered into the possession of Military
Hall, and still continue in possession, but have
neglected and refused to bring out the first two
stories OF the building to the line OF the MeIcan
tile Library. Hence the present action fol
damages. The case is on trial. The defense
had not opened when we were obliged TO closC
our report.
r. Palethorp and George NJ Wharton, Esus.
for plaintiff. George w. Thorn and William S
Price, Esqs., for defendants
ORPHANS COURT-Judges Thompson and Lud
low.-This being the regular Orphans Court day
Court was in session this morning. The usua
business was transacted Nothing OF public
interest transpired
Governor BTOWnlOw and the Tennessee
congressman.