The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-07-09

poses that,
lie will not axe indemnity for tn m to-day.
He will not take a bond Of 100000 10 secure him
against the loss q 5000 Not hel Andrew Scott is
vrtuous, so IL dignant, that he will have nothing
on this wide earth but bill in equity What
fortunate coincidence that the part of Mr..
two such able and distinguished gentlemen as the
counsel of the Pennsylvania and Philadelphia and
Erie Railroads; a coincidence almost as remark
able es that other coincidence, that while for
months, up to the trial OF this cause in the Court
below, the Pennsylvania Railroad Company had
an advertisement in Appletons q Ouide stating that
their road connected with the Atlantic and Great
Western Railway at CORY, and Immediately after
the matter came into Court, by singular chance
the advertisement happened to slip out and not to
occur there againl
What does Andrew Scott sayl He says that he
is afraid OF quo wdrTdnoj that he is afraid that
the Attorney. General will sncceed in his quo tOdr
rdnto taken out against the Company in which he
owns 5000 worth of stock. Now mark it, your
Honors, after the word "sham" which has been
used here, Andrew Scott comes into court and as
sumes the expenses OF a suit which may amount
to six, seven or eight thousand dollars. (Our own
paper book cost us $500 just to print) He says
ne is afraid of losing his stock. He ought to be
here by the side of his counsel TO hear his case
tried. Had he been here, to his amazement and
horror he would have seen his own counsel stand
up in court and ask your Honors that this quo
rdnto shall be successful. Aud not only that.
They not only ask for that which Mr.. Scott says
will strip him of every dollar of his rights, but
my friend Mr. Cuyler must, in his argument, eulo-
giZe the argument of the Attorney General and
can II ny sueh phrases as solid, compact mass OF
away from Andrew Scott every dollar Of his rights
in this case. Is that shaml Was there ever be-
fore seen such spectacle as that OF stockholder
filing bill to restrain Company because he fears
that quo todTraHto Will issue against the Company,
and that very stockhoder by his counsel coming
into court, and by an elaborate argument endea-
voring TO show that the quo lOdrrdRtO OF which he
is so much afraid ought TO be successfull
Mr.. Gibbons-Oan you show me how quo
todrranto can hurt the stock of Mr.. Scottl
Mr.. Porter-I thank the gentleman for the sug-
geston. The answer to the question is given by
Mr. Scott himself He AYERS in his bill that he Is
afraid that the quo Udrrdto will be successful and
| that 1T will strip him of his stock, ..
MIR, Gibbons-He does not say that!
Mr.. Porter-He does so in substance; he says he
is afraid that his stock in peril and proof of
it says that quo oarrGntO has been issued and the
| inference is direct Andrew Scott comes here and
says that the quo tOarrdnto imperils his property,
and his counsel turn round and pray that the quo
,0drranto may be successful. They commend the
| Attorney General. They call his argument splen-
did, and say that nothing can be said in reply to It
that nothing can equal it. Is not Mr. Scotts bill
shaml Does 1t not show that there was much
| force in the observation of that learned English
| Judge, who said that he would not allow man to
come into court who held such stock as this, when
he made himself mere puppet OF rival CONF pany.
| quote the words of the Judge.
Must not a man come into court of equity with
| clean handsl Must he not come having real
easel Is 1t possible that any party come in and
buy one or two shares of sto k in our company or
any other company, and then allege that he is in
Jured and refuse to take damages refuse to be idem
| nified refuse any and every offer Of settlement
that can be made, set himself up as a real party,
and then by his counsel ask for the of the
very proceeding that he says will njure his stock
If there ever was a sham surely this is.
| l come now to the main question in this case as
l understand it; though other questions have been
introduced from time to time the main question is
the consideration of these acts of Assembly. There
| was an act passed on the 18th of March, l947,
which provided "that in all cases where two rail-
| roads in this commonwealth are or shall be con-
neced, it shall be lawful for the company owning
| either of the said railroads with the consent OF
| the company owning the other OF the said rail-
roads) to run its cars and locomotive engines upon
said other railroad and to erect water stations and
other buildings tor the due accommodation of the
cars and engines employed thereon; provided, that
nothing herein contained shall be construed or in
| terpreted to release OF exonerate any company
| owning a railroad from the obligation and duty
| which may be imposed by existing laws OF trans
| porting subject to the rules and regulations OF
| said companies, by locomotive steam engines, the
cars, whether loaded or empty, OF all persons ana
| companies who may require such transportation,
| over and along so much and such parts OF their
| railroad as locomotive steam engines shall be run
| upon, whether they be run by the company own
ing the road or by any other company"
That act speaks of Two companies. 1t speaks of
| connecting with company. There the railroads
| must be connected There must be two railroad
| companies, and the companies must nave the
| right to run their cars and locomotives upon the
railroad OF the other company. That is not this
case. . .....
| Twelve years afterward the Legislature took up
the subject again. In the act of 10th March, 1859,
it was enacted 'that the act of l3th March, 1Si7,
shall be construed as to authorize companies
| owning any connecting railroads in the State OF
| Pennsylvania, to enter INTO any leases and con-
tracts with each other, in respect to the use, man
| agement and working of their several railroads.
| Provided, That the company so contracting for or
leasing any sucn railroad may nave tue rlBnL W
the tolls thereon, but higher rate than is au
horzed by the charter Of either OF the said
| companies"
nected and they may make leases. Now 1t is said
that this was merely a supplementary act. Not at
| all. 1t was totally new and independent act,
| providing for other and independent matters, and
differing in its provisions entirely from those ol
the preceding act. .
Then came the act of 1861: at shall and may be
lawful for any railroad company not one or two
companies, but for any railroad companies, now
ever great their numbers may be, 'created by and
existing under the laws of this common wealth
from time to time to purchase and hold the stocH
and bonds or either, OF any other rallroad com
pany companies chartered by, or OF which tht
road CT roads is or are authorized TO extend into
this common wealth-and 1t shall be lawful for any
railroad companies to enter into contracts Tor tht
use or lease of any other railroads, upon suct
terms as may be agreed upon with the company ol
companies owning the same, and TO run, use anC
operate such roads in accordance with such con
tract OF Lease provided that the roads of the com
panies contracting or leasing shall be directly
or by means of intervening railroads, connected
with each other."
They must be connected in one of two ways
First, either directly, secondly, by an interven
ing railway. There is not one word In this act o
1861 about the cars OF one road running upon tn
tracks OF the other road. All that phraseology wa
dropped. . '. ....lI0
An! But they have not the right to fix tolls o
! | fares. wish our opponents had been right abou
that see great personal advantages to be derived
from that construction. III that construction wer
put in force, then would be relieved from the ne
, cessity OF paying tolls or fares altogether, AM
would be allowed TO ride free. II would be happ.
! circumstance for the community to have the powe
| of locomotion free, as they would II the power
. fix tolls ana fares did not exist under this act.
3 afraid that the personal consequences tina
| would ensue from such construction, would nc
I | be very permanent am afraid we shall have
pay our fares hereafter as heretofore. am afrai
that even my friends on the other side would aban
i don the position II they had the right TO make
a | Tailr ar IT,.