The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-19
LRGAL INTELLIGENCE.
NnH 6nEAr RA11WAY anna.

argument this morning. The defendants have
complained that the Secretary of the Common
wealth refused to file IN his office q copy OF their
agreement, and they have admitted that he re-
fused 10 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 1t 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 were then
In working connection. They wanted the exclu-
Verlght and they have not quite accomplished
1t, 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 q road from the CITY OF Dayton, In Ohio
TO the city of Ne York.
| understood Judge Church to say that they
they had no remedy al all in a case like this,
where the Secretary of the Commonwealth re-
fused to file their agreement, In so Binney,
81, 1t was held that where ministerial act is to
beHone, and there Is no other specific remedy,
p4ndamus will be granted to do the act re-
9Yired. SO the defendants had a remedy at
Aand II they sustained any injury.
~ The third section OF the act of consolidation
fprovides that the Atlantic and Great Western
GRailrOad Company shall have the same rights
and privileges, aud be subject to the same re-
strictions and liabilities, as were the original
companies before consolidation. In other words,
when the Atlantic Company OF Western Penn
5ylvania becomes consolidated with the Atlantic
Company of New York, the chartered privileges
granted by the New York Legislature to the
corporation of that State 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 Commonwealth, and make 1t 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
say, your honor, that there is no such corpo.
ration in existence in Pennsylvania as the
Atlantic and Great Western Railway Company,
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
Ny 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 a cor.
poration known to the law. 1t Is merely
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 OF toll. To show how
much of a Philadelphia institution is the Allan
tic and Great Western Railway, will produce
the Money Market ReUleIC, of November 25 1865,
published in London (twenty-fye days after
the execution of this lease and contract
with the Catawissa road, in order to form, ac-
Cordng to the language Of the lease "a great
through route to the city of New YorkD. You
will lind there an article about petroleum. II
contains among other things the exports from
through without suspectlng the existence OF
such place as Philadelphia.
Mr.. Gibbons also quoted speech of Sir Nor
ton Peto at London banquet contained in the
same paper, wherein Pennsylvania and her in
terests are entirely ignored and Sir Morton
states that the Atlantic Comoanv sustain the
most amicable relations with the New York and
Erie Railroad.
Thu Reading Railroad Company have come
into Court, pettioning to be admitted as the ally
OF this London monopoly. They attack the
protector and patron Philadelphia. Yet there
is not manutactu1atKh Philadelphia who is not
compelled to pay torhis coal two dollars per ton
more than its legitimate value. And those two
dollars go Into the treasury of the Reading Rail-
road Company.
shall conclude my argument with summing
up the points have endeavored to estabish:-
First That the contract between the Sunbury
and Erie and the Cata wissa roads, containing a
grant Of the franchises OF the former Company is
not IN lis nature assignable to any corporation.
Second. That the Catawissa road, having volun-
tarily dves.ed 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
lantc roads is ultra Utres.
Mr., Ouyler then assumed the duty of conclud-
ing the argument for 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 il 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 fled away in the State archives.
DISTRICT COURT, No. Judge Stroud.-Ange-
lima Palethorp, trustee of the estate of John H
Palethorp, deceased, VS.. Gustavus Bergner 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 Hall, in
Library street, in this city, by plaintiff 10 the de-
PENDANTS.
II is alleged by the plaintiff that on the Sth of
June 1868, the defendants entered into an agree
ment with her for the leasing Of Military Hall at
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, no wever,
certain Improvements, repairs, ETC., were made,
done and paid for by the defendants and the
first two stories OF the building we're 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 Mercan
tile Library. Hence the present action fol
damages. The case is on trial. The defense
had not opened when we were obliged TO close
our report.
R. Palethorp and George NJ. Wharton, Esqs.
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 BrOwnlow and the Tennessee
Nrwnu