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

the Auontic and Great Western; that is, other
companies shall conform to this gauge whose
tracks have not been laid; but as to the At
lantic and Great Western, whose tracks have
in the act, we except her. That is the way
the State has treated the subject. 1t her
intention to say that the "Atanuc and Great
Western need not conform her gauge to the gauge
of the Sunbury and Erie, because the track of the
former was laid" But as to all companies that
shall build roads hereafter, their gauges shall be
the same as the Sunbury and Erie. In other words,
the Atlantic and Great Western is as fully ex-
cepted as If 1t had been excepted by name
Look at the connections between the roads OF our
State and the New York and Erie Road. The New
and does connect with the Williamsport aud Ell
mira Road The New York and Erie Railroad
having a wide gauge of six feet, and the Wiliams-
port and Emra one of feet Sk inches
The New York and Erie Railroad is authorized
to make connection with the North Branch Rail-
road a road of its own gauge; and by the same act
the North Branch Company IS authorized to con-
meet with the Elmira and williamsport Railroad
of feet sH inch gauge. connection is also au-
thorized to be made with the New York and Erie
and the Delaware and Belvidere Railroads.
The Oatawissa and Towanda Company are au-
thorzed to build a road OF feet * inches in
gauge from Catawissa to some point Of only where
a connection can be made, butsa proper and con-
yenlent connection with the New York and Erie
Railroad of feet in gauge Then the Philadelphia
Easton and Water Gap Railroad Company, incor-
porated while the general gauge law requiring all
roads to make their gauges feet inches was in
force, was authorized TO connect with the New
YORK and Erie Railroads and with other roads OF
different gauges.
The Allegheny VALLEY Railroad was authorized
X,
Allegheny Valley being railroad of feet sX
inches in gauge. The Canton and Athens Rail-
road, which was incorporated while the general
gauge act was in force, authorized TO connect
its road with the Delaware, Lackawanna and
Western Railroad, the latter having feet gauge
| The North Branch Railroad, a narrow gauge, was
authorized to connect with the New York and
Erie, broad gauge. The Towanda and Franklin
Railroad was authorized to connect with the New
| York and Erie Railroad, broad gauge, and with
| the Williamsport and Elmira, narrow gauge. The
| Mahonng and Sus quehanna is authorized to build
| deemed advisable. L q
meet with the Sunbury and Erie Railroad. The
Lackawanna and Lanesburg Railroad
| thorized to connect with the New York and Erie
| Railroad or with any other railroad.
| Then there are numerous acts of Assembly into
which shall not travel far, one of which is that
| OF Path March, 1865: "That il shall be lawful for
| any railroad company, organized under the laws
within partly within this State &C., to consoli-
date with any other company whenever the two
railroads to be consolidated shall form a continu-
GUS line of railroad directly or by an intervening
| railroad PrOUided, that railroads terminating on
the banks of any river whtch connected by ferry
| shall be deemed continuous under this act" Here
is a ferry intervening and yet the connection is by
| Legislative authority declared perfect
will not go much further into this mass of acts,
| which, however, you will find it extremely neces-
| sary to do, when you come to decide upon this
| question The act of February %. 1883 authorized
| the Baltimore and Ohio Railroad to construct
| railroad through Pennsylvania from Baltimore to
| the Ohio river, with authority to connect within
railroads, canal canals, or other iOorks. BY the
same act the right is given TO connect the City of
| u.
| the Pennsylvania Canal act by which the Board
| of Canal Commissioners are required to locate a
| railroad across the mountain TO connect the Ju-
| nata and Conemaugh sections of Pennsylvania
| Canal. Here you observe railroads are specially
authorized to connect canals The Canal Com
| missioners, by act24h March, 1S4S, are authorized
TO survey the valley OF the Monongahea from
| Pittsburgh to the Virginia line, and from Column
| bia to the mouth of the Oonnestoga with view
of connecting these streams by canal or railroad.
| Then comes the act of I'd February, 1896, to con-
| meet the Cumberland Valley Railroad with the
Lancaster and Portsmouth Railroad. Then comes
the act @ OF March 18th, 1897, by which authority
| of the Pennsylvania Canal with the slackwater
navigation OF the Lehgh by railroad.
have thus shown you how the State defines this
word connec l have shown you how IL is used
populariy; have shown you how it is used by the
parties themselves; have shown You that in every
| Instance the idea Of Identity similarity between
the things connected is never once present to the
| mind.
| 1 will now go on to one or two other points
| Among others will say word about this con-
tract of 3lst October, 1850 1 touch this contract
which relates 10 the Catawissa Railroad for spe-
| cial reason, You would have heard very able
argument in conclusion, If the learned counsel for
the Catawissa, Mr.. Wharton, had not been confined
to his room at the hotel by illness. did argue
the case. in Philadelphia, and would gladly have
| shrunk from the work now, but for the Kindness
and generosity of my colleagues who have as
signed to me the duty Of closing the argument
Mr.. Wharton's company is specially concerned
here, and will devote little attention to 1t.
Your Honors will observe on page47 of the large
paper book, this contract between the Sunbury
1t is very important that you should have what
we believe to be just conception of this contract
Our friends on the other side say this contract was
a binding contract between the Sunbury and Erie
and :he Catawissa by which the cars brought TO
Milton by the Catawissa Railroad were to pass
over the road of the SunbUry and Erie from Mil
ton to Williamsport, on certain terms. They say
that that contract was abrogated and destroyed by
the transfer of the Catawissa TO the Atlantic and
Great Western; and that the decree of this Court
at Nisi Prius annuls and destroys il. How can
they take this positonl They say that this con-
| ri M
they turn round and say that that lease itself Is
void. They say in effect that the contract OF 1860
is void because the lease is void. Did your Hon.
| ever hear such a reason as that offered in a
court of justice beforel
Judge Woodwart-Suppose the lease is Valid
| what thenl
Mr. Porter-I was just coming to that. This is
the language: "In case of an assignment for the
benefit of creditors by the Catawissa Railroad
| Company, judicial sale transfer of the road
shall at any time take place, then this agreement
shall thereupon, without any act upon the part of
the party of the first part, be thereafter null void
| and OF no effect"
What is the meaning of this clause of the agree
mentl The Catawissa Company had been unfor-
tunaie; she had made assignment for the benefit
| of creditors before. The parties therefore said,
| she may make another assignment for the benefit
OF creditors; we will provide for that, that If
she makes such an assignment again, then this
contract, without any act of ours, but simply on
| account of such an assignment for the benefit OF
! creditors. shall determine and be at an end In
| the argument in the Court below, somebody took
the liberty of changing the punctuation of this
| clause, and putting comma after the word sale.
We took the liberty, as IL was not In the original,
to Leave it out. The insertion of the comma was
| probably not intended by the learned counsel; It
was no doubt done by those unfortunate men, the
printers, for we ali know that printers sometimes
! take such liberties, and that sometimes they make
blunders even in the highest of ali documents, q
judicial opinion. know this to my own cost for
| there are some opinions on record which would