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

cern me-" Let the Pennsylvania Railroad attend
TO her own affairs, and she will have her hands
abundanty full. And why should she not, in
this casel II you don't permit her to interfere,
what injury is she going 70 sufferl Why is II any
at ALI any direct legal OF substantial injury TO
there, of customer that may prefer going
by the Catawsta Railroad under the manage
ment which would be put upon this line, who
Otherwise would have gone TO the Pennsylvania
Railroad; or in other words, TO use the language
of the bill "trade may be detected" Some
passenger may find, when he comes to the
fork at Milton, that IL is better for him, because
shoder ana cheaper, TO 60 1y @ tne Sstawissa Rail.
better way than he would be, by following the
course OF the Pennsylvania Railroad. But is not
that perfectly fair compelitionl Has one company
the right of injunction against another because IN
the exercise OF it's legal privileges 1t may pro-
tahly cause the trade of the flrN company to be
d'heciedl suppose not, suppose II one of the
merchants of Market STREET would call upon Mr..
Bidde or MIR. Cuyler to file an injunction against
another because he defects trade from one side of
the street to another one square TO another, by
perfectly fair and legitimate means, neither Mr..
Ouyler or Mr.. Biddle would file bill in either
case.
Nor do suppose that either of them, at the in
stance of a third party, would tile a bill against
two parties who have agreed witheach other one to
sell and the other to buy certain pieces of property
personal or real. That bin would be lust as pro.
per the bill here for the purpose of preventing
two railroad companies from making lease be-
tween them. If the lease is Illegal let the State of
Pennsy ylvania order IL not TO be done Let the
State come into Court about it, and If she can show
that it is illegal an injunction will be granted,
which viii prevent the illegal act from being
But now, thatis not all If you will give me
your attention, Will, as well as can, bring to
your notice what think is the ground, the only
ground, under which, upon any possible circum-
stances, the PENNSYLVANIA Railroad can pretend
she has any possible rights whae yer to be heard in
it, The only connection between the Pennsylvania
Railroad on the one hand, and the Atlantic and
Great Western on the other-for they really repre-
sent the two parties here--is that contract which
was made in 1860 between the Sunbury and Erie
and the Caawissa. These two companies have
~ Ste Napfiw TTtff in oh
and lives and has Its being. There is no place
where these orbits touch except at a place where
they are brought together by that contract, and
that is the only point of attraction between them
1t is the only erOUnd out of which can arise any
possible connict between their interests Now let
us see what that contract says, and we deem ii to
be of such character, and it has been treated,
that no injury To the Pennsylvania Railroad Com
pany can be predicated of anything that was done
under the contract or in pursuance of the con-
tract, or in violation OF the con tract; for in that
case the plaintiff here has a perfectly good status
in court, and has right to complain, and rig mt
to the remedy that will be prepared to save that
road. 1t was in 1860 that that contract was made
1t was made for the mutual accommodation of the
two companies, who mutually subscribed IL. 1t
was made for their mutual profit; it was agreed
between them that certain work should be done in
common by both of them, and after a confusion of
details, all of which IL is not necessary for to
mention, one was TO carry forward the passengers
or freight that might be brought forward by the
other, and uiCe versa, and they were to divide the
profits of that work in certain proportions men
iiOned in the agreement, according TO the amount
OF the work done by each company.
l say this was profitable contract, because no.
thing else hut a belief that it was profitable could
have impeled two railroad companies to enter
into such a contract 1t is not pretended that
there has been any complaint about its being a
burdensome contract, by either party, from the
time when IL first went into operation until the
present day. On the contrary, it seems to have
been carried into execution in good faith by both
parties, and without any complaint that either
losing; therefore, your Honor must assume
that this contract was profitable one.
But il did not, however, always remain in the
hands OF the original parties. The Philadelphia
and Erie Railroad, in 1862, transferred all it's
rights and obligations under that contract to the
Pennsylvania Company. The Pennsylvania Rail
road Company did not dream, at that time, that the
transfer OF side of the con il, would de-
feat that con They supposed that il still
tiDued to exist in full force and vigor, notwith-
sanding that one side OF it had been transferred
That example of tran sferral was afterward fol-
lowed on the other side. Three years later the
Catawissa Company transferred its side of the
contract to the Atlantic and Great Western Com
pany Now, one would think, just looking at it
with some degree of imparuaiity, that If con-
tract should survive transfer OF side of it to
the Pennsylvania Railroad, that it would not suf-
fer death when transferred under precisely SINH
lar circumstances, 10 the Atlantic and Great West
ern. If both were properly transferred, then, the
Pennsylvania Railroad and the Atlantic and Great
Western Company stand in the shoes of the origi
nal parties, and whatever rights are secured to the
Pennsy lvania Railroad by virtue of that contract
she ought to be protected in, and whatever duties
and obligations are due from the other side ought
TO be strictly enforced by law or in equity as the
case may require.
We therefore assume that, if the Pennsylvania
that other company under or in respect to this
tract she has not perfectly sound case either for
a court of law or court of equity to decide, and
she is entitled TO redress But what is the right
she has under the contract How could she be
damaged by anything in respect to in Why, the
right that she has to have that contract faithfully
kept and performed on the part of the Oatawissa.
But then she admits in this bill that the contract
has been broken. There is not the slightest ap
prehension expressed that il will be broken On
the contrary, they say that it has been kept down
to the present day, and they have received a no.
NUh mi hp pipUp N hA hat
it is going to be kept by the other party until the
utmost limit of time or until the contract expires
| by its own Limitation.
Where then is the damagel She complains that
| she has a contract, out OF which she has been
making money which contract is to be Kept, and
the income which she has derived from 1t hereto
fore will continue to now into the pockets of the
| Pennsylvani Railroad Company, and yet she
| comes here asking for Injunction depriving
herself of profits. Now, supposng IL to be
illegal, supposing the contract 10 be all wrong,
| and suppose il to be forfeited, suppose IL to
| be void In consequence of this transfer, what
| thenl Why all that the Pennsylvania Rail
| road has then to complain of is that we are
| proposing TO carry "a contract which is not
strictly according TO law, which we are not bound
TO execute which is not bound TO be executed on
their part but as II is profitable TO themwe are will
ing to do 10. We propose to go and put money In
their purses, and she comes here TO complain OF It.
Now this Is truly most edttYing spectacle 10 see
| the Pennsylvania Railroad stand up and lay her
great hand upon her corporate heart, and turn up
the whites OF her corporate eyes, and say that her
conscience is sensitive that IL is impossible for
her to receive money which the other party is not
strictly bound to pay. 1t would have been very
world if she had thought of that three years soon
er, because If this contract is broken now II was
void three years ago
But what is she likely 10 suffer now2 She can
relieve herself and if she does not want this mo-
ney, and IL her conscience is too sensitive TO keep
il when she gets it, let her throw IL into the w est