The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-17
LEGAL INTELLIGENCE.
THE GREAT RAILROAD CASE.


NIsI PRIUs CoURT-Judge Read.-Mr. Cuyler,
in behalf OF the Pennsylvania Railroad Company,
read an affidavit of j. Edgar Thomson, Pres-
dent OF the Com pany, setting forth that he has
been President since 1852, land that this company
has always sought to further the interests of
Philadelphia, never discriminating in favor of
New York; it has aided the establishment of a
steam line from this port to Liverpool, having
subscribed $500, 600 TO the purpose.
Affidavits were also read from II, j. Lombert
and H. H. Houston, Esq, connected with the
management OF the road, to show that the
charges for freight and passage we're always ma
terially lower to this city than to New York.
Affidavits to the same effect were also read
from General Cass, President of the Pittsburg,
Fort Wayne anu Chicago Railroad, Samuel I.
Bodine, and others. .
that these af1idavits had been read in answer to
the gratuitous and unjust assertion of the de-
PENDANTS, that the Pennsylvania Railroad Co n
pany was in the habit of discriminating against
Philadelphia.
The gentlemen on the opposite side have
averTed that this is not case within the juris-
dictlon of equity. But we contend that 1t Is not
a case of penalty or forfeiture, and IS such that
court OF equity has jurisdiction to interfere to
protect us in our rights.
The contract of the Catawissa Railroad Com
pany is still in the custody OF that company, and
has never been assigned to the Atlantic and Great
Western Company. We had no notice from the
Catawssa Company that they were about to
enter into this lease tits true, there were rumors
among the stock gamblers here and in New York
that an arrangement was to be made whereby
the Catawissa Company was to be lifted out of
its insolvency.
Nor did we, or any Philadelphian, know what
was going on at the time in London between Sir
Morton Peto and Mr.. McCalmont, the President
OF the Reading road.
The day alter the agent of the Atlantic Com
pany advertised the fact that that company had
leased the Catawissa road the managers of the
Philadelphia and Erie road met and gave notice
that the lessees would not be allowed to run
trains over the road.
The learned gentlemen on the other side have
asked us, ''Why didn't you tear up rail, instead
of coming into a court of equity with your
tToubles?H But, your Honor, we had no right to
tear up a rail, and thus interfere with the bust
ness communications of The whole country.
The seventh section of this contract provides
that the engines and cars of the tawissa Com
pany shall run from Milton to Williamsport for
repairs free of charge. What consideration do
we receive for this use OF our roadY Is it that
the Catawissa Company shall enter into con
spiracy with London capitalists to defect the
trade IRON our road to a rivalY
There is still another reason why the Court
will restrain the assignment of this agreement
and insist upon its cancellation. The right TO fix
the tolls upon our road was part of our frau
chise. 1t could not be delegated by the Erie
Company to any other corporation, without
authority by law. In this case IL was delegated
Our agreement with the Catawissa Company was
in the nature of a trust, not a trust that could
be transferred.
The argument here concluded for to-day.