The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-18
LEGAL INTELLIGENCE.
THE GREAT RAILROAD CASE.

NIsI PRIUs CoURT-Judge Read.-Mr. Gibbons,
for the Pennsylvania Railroad Company, conti-
nued his argument this morning. He confined
himself TO the fourteenth section of the contract
between the Catawissa and Erie Roads. The
section provides that in case of au assignment
for the benefit OF creditors by the Catawlssa
Company, judicial sale or transfer of the road
shall at any time take place, then the agree
ment shall cease TO be valid.
There can be no such thing as judicial
transfer The term is not known in law.
Still, the Catawissa Company have transferred
their road to the Atlantic Company; and it is
therefore out of their power to comply with the
terms of the contract.
The act for the incorporation of the Meadville
Railroad Company, passed in 1857, fixes det-
nitely the termini of the company. They may
connect with any road, but from Meadville to
the city OF Erie they must go. They have never
gone to Erie.' They have never carried pas
senger or pound of freight to Erie.
In 7th Harris, p. l52, the principle is laid
down:-"There is no safety to the public in.
terests except in the rule that the privileges not
expressly granted in charter are withheld"
The Meadville Railroad Company, therefore, is
to be held to strict performance of the duties
eRjoined upon it, They cannot escape the con-
struction of the road to Erie. They might have
accomplished it by connections, but they have
failed to do even that.
Mr.. Gibbons then read an affidavit of Mr..
William Reynolds, who was President of the
Atlantic and Great Western Road from l947 to
1864, and who AYERS that, 'among the early acts
agreement with the Sunbury and Erie Railroad
| Company for an interchange of business. The
| arrangement was made at the instance OF the
| Atlantic and Great Western Railway Company"
At that time the Atlantic Company had not
| stuck one spade into the ground The arrange
| ment was made for the deliberate purpose OF
hoodwinking and deceiving the Philadelphia
and Erie Raj road as to the real objects of this
| foreign corporation.
NV learned friends have argued very pro
! foundly to prove the meaning of the words
| 'railroad connection" and have read a number
| of afidavits to prove that connection is not
| necessarily a lying together of the rails, but a
| point were two roads converge sufficiently TO
| allow passengers and freight to be transferred
| from one to the other.
| But it is not merely a connection that the
| defendants are required to make. They must
| make "favorableh connection. And Sir Morton
| Peto himself who is a ruined man unless this
| gigantic sWindle succeeds, would not swear thar
| the connection of the Atlantic Road is as favor
| able with the Philadelphia and Erie Road as
with the New York and Erie Road.
| The only authority for this contract, the can
| collation. of which we contend for, is found IN
| the act of l947, which hrst authorized railroad
| companies whose roads connected to make con
| tracts, whereby the cars OF one road might run
| on the other; in the supplement passed in 1859
| giving to the contracting or leasing company &C
| fix the rate of tolls on the road leased; and the
| act of 1861, which extended the right to enter
INTO such contracts TO corporations or companies
whose roads were connected by means of inter
vening roads.
There can be no intervening road in this case
but the Sunbury and Erie, for that is the ONLY
road that the Atlantic touches or crosses on il
way from Meadville to the New York and Fri,
road at Salamanca.
The argument is not yet concluded.