The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-26

make subscriptions for objects not Contemplated
BY the Pennsylvana charters of either Of the
two contracting railroads. The real object In
this agreement Is the same as in the Catawissa.
But the whole contract Is Vtrd Uires.
/ see nothing In the various points and objec-
tions Of the learned counsel Of the defendants to
alter the views have already expressed. I do
not regard It as enforcing forfeiture; it is sim
ply declaring en- act contrary to law and re-
strsining It and thus saving the parties from any
forfeiture. As do not intend 10 touch the con-
tract Of 3lst Of October, 1860, to express any
opinion upon the points presented by the plain
tifs in their second prayer for relief do not see
how the provision permitting reference as to
disputes under the contract can interfere with
the present proceeding.
On the 10th February instant, the Chief JUS
tice delivered an opinion in the Lehigh Valley
Railroad Company VS.. the Lebigh Coal and
Navigation Company, in which he says:--''The
Dill an9 aihd9ylts profess the corporate purpose
to reach the Wyoming coal field, and their char
ter requires them to connect with the Lehigh
and SuequehannR Railroad, and by a connection
understand such union of the two roads at
some point as to enable cars to pass from
one road to the other for business purposes.
Such connection must be made with the
LehiRh and SusQuehanna Road, and must be
formed by the plaintiffs, before they finish their
work, but make no account of the fact that
they have not yet selected the point of connec-
tion, nor disclosed it in the bill and afidavtsp
] I'm the word Gears" the Chief Justice includes
loconotIyes.) This strengthens me as TO the
arrived at the same conclusion without CONSUL
tation with each other. In the Passenger Rail
way acts the word connection is used In its me-
| ,chanical sense.
Mr.. Smith, the President Of the Reading Rail
Goad says, IN his affidavit, "Car trucks con-
etructed for track of four feet eight and half
anches guage, can run upon a track OF four feet
aen inch guage, provided the wheels are made
with broad tread. But it is impossible for cars
specially constructed for track of four feet ten
inch guage to run upon q track Of four feet eight
and half inch guage." In none OF the affidavits
is 1t alleged that the locomotive OF one road can
run on the other of either of these guages. This
clearly establishes the entire and complete uni
formity contemplated by our acts of Assembly,
for the locomotives and cars are to run over
the connecting roads.
When General Grant took Petersburg and
pushed on after General Lee, he ordered his
supplies to follow him by rail- The road from
City Point to Petersburg was the regular narrow
gauge of 569 inches, but IL was found the road
from Petersburg to Burksville was fve-toot
guage, and the construction corps at once
altered it to the regular narrow guage; but this
caused temporary but serious stoppage of sup
plies. (See appendix b.
Upon looking back to 1868, find the excep-
tional guage of feet inches (the canadian
guage) advocated on the same grounds that Mr..
Brunei selected the broad guage for the Great
Western by the friends OF the Portland and Mon
treal roads.
"In addition to all this there are some hun
dreds OF miles of connecting roads on the same
RudRP III Odudud, Juab are IOT all DrdCuCal Dur-
poses Just valuable to our road as if they we're
embraced in the same Company. Looking
beyond the western limits of Canada the same
line is to extend to Lake Michigan at Grand
Haven, 1000 miles from Portland west while at
the east branch will extend to Quebec and
Trois Pistoles, the gauge of our road receiving G
from being tapped on the south, SO that passen-
gers and freight seeking the Atlantic seaboard
or Europe, will naturally continue on the line
| from its Western terminus to Portland"
"a system of railroads occupying an independ-
eDt position by the difference of gauge from all
the narrow gauge railways south OF It,"
Uniformity of gauge proposes the same ad-
| vantages as the interchangeable Springfield
musket, each part of which will fit any musket
! manufactured Tor yeats back-with one uniform
| gauge the same locomotive and car could be run
| upon every road in our country. 11A s..
i have had the assistance of very able argu-
| ments on both sides, which have covered great
| deal of ground, and must form an apology for
| the leneth OF this opinion; all the counsel were
! of the Pennsy lvania bar, two had been Judges
| of this Court, and one of these, with anoher
| eminent gentleman, had occupied high executive
| positions at Washington whilst the Others, mem
bers Of our Philadelphia bar, are distinguished
1or their learning and ability. This has neces-
| sarily increased the responsibility OF the Court
| in considering and weighing the various argu-
| ments addressed to me upon the law, and also
| as to the discretion to be exercised oy Court
of Equity in granting preliminary Injunction.
am of opinion with the plaintiffs (the rail-
first prayer for relief Is well founded, and that
the contract of the lst November, 1866, is In
| valid and void express no opinion on the
| second prayer of the plaintiffs, but grant the
| fourth prayer and such part OF the third prayer
as is consistent with the fourth prayer, and is
| necessary to carry it into effect. The second
PRAYER in Andrew Scott's bill is also granted.
| Let DEGREES be drawn in conformity to the
above.
| THerapath's Rdilsrdy Journal. September 8 1856.
D. 97l lat the siXteth balt-yearly meeting OF The
| Great Western Company ON the 7th of September
last the Chairman salo cit with great regret
/ that wo are not able to propose to you to-day a
" higher rate of dividend than two per cent. per an
| mum. About the time OF the cessation OF
the civil war in America, there was considera0e 10
falling ofn one two large branches of the traffic
which came upon you line.
uIhe mir erai trade from South Wales, especially in
steam coal, was largely diminished bv the sudden
cessation Of the demand for blockade-Tunners" The
cost of maintaining the permanent way was in-
creased by the substitution OF the improved cross
| seepers and fish. jonted rails for the old Bar ow
| rails "The expenses OF the maintenance of the
! permanent Way and works of the Great Western
| Railway are heavy from these causes; in the hrsI
| mace it is more expensive TO maintain mixed
gauge, of which we lave go miles, than either a
broad and narrow gauge separately"
And he adds, GAS to the IRON trafilc, they had
[ been excluding from their ials not only the coal
tIRfc otN orth Wales By preferential rates but also
| the South Wales coal by reason oil the Dreak oi
| gauge"
"The gaupe of the Richmond and Danyll Q, and
South Side Tor Petersburg and LYhchDursl hailroai
| is now ana was durln0 | the war the same hYe (5
| feet. After the retirement OF General Lees army
| from the lines ound this place and RIohmohdJ the
guage the LYnchburg afd Petersburg road was
narrowed 10 feet 81 ncues, from City I'M TO the
| junction with the DanVile road, DY the Federal
authorities tn progressed inwards The Ped