The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-02


use It in such way. But then, 10 addition to
that, maintain that on the face of this act of As
sembly there is general intent expressed, which
shows that no such idea could have entered the
mind of the law. giver What is tbatl BY this
word connection the gentlemen say the Legisla-
ture meant only 70 provide for two railroads, from
which the same cars may run without stop, OF
break or transhipment Now, the Legislature
said that this lease might be made, not only in
where two railroads connect immediately
with another, but the lease might also be IN ade
in any where they are connected together by |
the Intervention Of a third road. Now, that third
road may be in the hands OF an opposing enemy,
prevent the of the lessee from running from
the road owned by him TO the road leased. There
fore il is evident that the Legislature could not in
tend the reference in the case, the counsel the
plaintiffs insist they did intend.
The different acts of Assembly which were cited
by Mr. Biddle, on Thursday last, showing you
how the word connection had been used by the
Legislature in different times, to me to be ex-
ceedingly important. 1t proves that in the legis-
lation Of the State of Pennsylvania, we have been
in the habit of speaking of the connection between
a railroad with plankroad, or railroad with
canal or railroad with a navigable stream, over
which there is a line of steamboats,; and surely
connection in this case did not mean smil larity
of gauge, the capacity to carry freight aud pas
sengers without transhipment. Then, in the judi
cial proceedings of the county, the word connection
has been used in some way thousand times.
doubt If your Honor has written five opinions in
your life in which the word connection was not
used 10 Indicate junction of two things entirely
different from one another; and also assert that
the use of the word has been carefully avoided
in cases where the two things supposed to be loned
were identical, and would, therefore, more pro-
perly be called a union, thSn connection. In
common parlance you have the same thing, and,
indeed, when there are two thugs connected
together that are like one another, whether in
gauge or anything else, they are always spoken of
as united.
1 would like to ask my friend Mr.. Cuyler the
import of a sentence he used, in opening his case,
where he says, "HeTe are affidavi's made by gem
tlemen very well skilled in these subjects. because
they have been connected with railroads y Did he
mean to say the gentlemen and the railroads were
Show me, where you find the word in an act of
Assembly, an important act of the Legislature, au.
thorizng the doing of most important things, and
that word has the sense which has been given to 1t
in judicial proceedings and in common parlance,
and the sense is uniform and constant, and there
is nothing in the context of the act of Assembly
which indicates that there is the least intention to
use il in any other way, han that in which il Is
generally understood. What sort of a Legislature
must that be, and what motives are you TO attri-
butte to them. to intend the act to he understood in
another and different way Are you TO sup
pose that these representatives OF the State, the
supreme legislative power of the State are going to
use the plainest words in double sense, or that
they would have IL meaning doubtful or equi-
vocal given TO one of the simplest words in
the language? That would only be TO imply that
they have broken their word not only TO the people
but to the State.
They say: ayes, we may, if we are connected,
lease another road" We are connected! We
connected, that word is understood by the
masses of the people, by the Legislature, by the
Court, by all professions including railroad com
panies, including the Pennsylvania Railroad Com
pany herself We prove it by her tickets. We
prove IL by her advertisements scattered over the
land broadcast Very we'll, then, we lease the
road 1t is a great enterprise for one company to
lease another company at some distance, but after
completing that lease, are we now TO be told that
the law which the Legislature published on its
statute book is, after all, deluson and snare
and merely to catch people that are foolish enough
believe in itl Why the morality of that kind of
legislation would not be one particle better than
the morality of the man who burns false lights
dangerous coast for the purpose OF shipwrecking
those who believe in them.
The Legislature of Pennsylvania had no more
right TO authorize the Pennsylvania Railroad TO do
this thing, after giving us the authority, directly
from the Stale, to do what we did, to authorize the
Pennsylvania Railroad TO stop us, after we have
the right make the contract than it has the right
to authorize that company TO set q man trap up in
the middle of highway, and then cover il up
TO catch the first unwary passenger that might
happen to put his foot in 1t.
This is a law that on either side is not doubtful.
MY friend Mr.. Cuyler said that he was restrained
only by the respect he feels for his professional
brethren from saying that any suppositons drawn
up by this side are ridiculous Now do not think
that anything that may be said by gentleman in
good faith, and with kindly sincerity, is ever re-
dicuous. Sincerity is ever the first of virtues, and
that he is sincere is perfectly apparent from his
manner well as from great many other rea-
sons But this is easily accounted for, how a gem
tleman can get erroneous notions in his head when
becomes the interest of his clients that he should
be wrong. L remember Solomon says: "lnterest
bhndeth the eye and perverteth the judgment"
Though l would not believe in the case OF Mr..
Cuyler that his eye could be so blinded as not to
the real condition of this case. That is, would
not believe IL if any body else but Solomon had
said so. But here is Mr.. Gibbons, whose imagina-
ton is not active Mr.. Cuyler's that has had
time to effect upon it, For three nights since the
argument of Mr. Biudle he has had the opportuni-
ty TO consult his pillow; he certainly Will not n-
sist upon this a doubtful case. If he does
only say there is no end to the infinite perversty
of the professional mind.
But now l come to what think is the most sim
guar feature OF this most remarkable case Ia all
other cases that have ever seen in court of JUS
tice, in the course of professional and judicial
life that l sorry to say is not very short
one, believe this is the first conducted by
counsel OF ability and the case itself being one % OF
made TO impress upon the mind of the Court the
injury that was done by the party making the COM
plant, and the necessity for the relief or re-
dress that might be demanded. IL is the uni
VeTsal course of counsel to endeavor TO make
it appear TO the satisfaction OF the tribunal
which is to determine the case, that their
client is in the nice predicament of much
injured and ill.used gentleman or lady, corpo,
ration, as the case may be; but here is an argument
that lasted two hours and half, and IL was very
impressive one upon all the topics 1t touehed (your
Honor cannot forget it, and l cannot and never
| will and what was remarkable aboutit was that
not one single word from the time Mr.. Ouyler
opened his lips until he made his bow TO the Court
| at concluson-not one single word was uttered
about the Djury the Pennsylvania Railroad or the
| Sunbnry and Erie Railroad had suffered from the
hands of these defendants that made 1t necessary
that your Honor should interfere by injunction,
| either to redress past wrong or to prevent wrong
| committed in the future.
Here was a perfectly sound client. He had no
| wounds TO show, no scar for old wounds, or even
tear that something would happen hereafter TO
| do them harm, but, on the contrary, an immense
display of patriotism that is UicGriOuS. Again, l
insist upon it, IL is the patriotism OF the Pennsyl
| Vania Railroad Company represented by that gem
| tleman, and great apprehension that the mer-
chants of Philadelphia might suffer, but not one
| word about any injury that had been perpetrated
| upon the private interests of the Pennsy lVania
Railroad Company, OF which alone they hal a right
| TO complain.
The Stale complains of all the public interests of
which Mr.. Ouyler spoke abouT and II the State