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

other extraor nary thing that the tran f,rsnsll
void because the lease is void, do not thir K we
can be answered on this point. can p1dilyl un-
derstand that the Sunbury and Erie, when m ade
this agreement said TO itself, 1--WE are willing TO
deal with you, Catawissa Company; we know
what on are, but we know what has occurred in
the past and what may again, ,and II you pass
into the hands Of an officer appointed by the Court
we do not care to be involved with him in any
quarrel and therefore If that lie done the contract
is at an end"
Mr.. Ouyler-Our view is that the word judicial
does not apply to the word transfer at ALL but SIM
ply 10 the word sale. / suppose that there is no
punctuation in the record, that there is no comma
at all. But we believe that the road can be judi
cially sold. transfer is another thing.
MIR, Gibbons-I think MIR. Ouyler Is mistaken.
think there is in one of the copies a punctuation,
and the gentlemen have pun nctuated it as E was in
their copy. suppose that the only way TO read
this is TO read it like an act of Assembly, without
Mr. Porter-It is said on the other side that there
is a comma between the word sale ana transfer,
and they propose TO dssect IL and read IL judicial
sale, but not judicial transfer. They wish to say,
1st, assignment for the benefit of creditors 3D.
judicial sale Sd, or transfer of any kind. To do
this they must put in another word, article.
Their object is to dlssect it, TO dssever it, to disin-
tegrate it. We read 1t judicial sale or transfer;
that is the word judicial connected with the word
sale and connected with the word transfer Dan
there be any doubt about itl Does not party
when he comes into court and asks you to put in
another word which is not IN the paper, does he
not show You the weakness of his mode of interpre
tation We read II as 1t is, judicial sale of trans
fer Are You to say that 1t means an assignment
for the benefit of creditors a judicial sale,
contract. This is to butcher the thing This is TO
tear II TO pieces, TO tear the very bowels out OF it.
Where is this mode of construction to endl Is 1t
necessary for us TO do as some OF the old transla
tors have done, to interpolate a word fact which
frequently causes commentators and readers so
much troublel We read it as II was written when
the contract was made, the word transfer not torn
off from the other words and taken by ITSELF but
connected with the previous members of the sem
tence as the parties wrote it.
What was the of the word judicial at all, If
1t means sale or transient What is the meaning
Of hQ W nrd midi m ~
have left IL out altogether
But it is no sale at all. It's no transfer 1t is
lease. 1ou are not to say, If lease my house,
that sell 1t, that have lost the control over my
property altogether I have merely given my
right away for certain time Surely you must
apply tnat doctrine here, and say that where
company has made lease OF its property 1t is no
sale of it,. .7.i0.
Under this contract what were they to dot The
Sunbury & Erie agreed to furnish sufficient motive
power TO haul over their own road between MIL
ton and Williamsport, all the passenger, express
and baggage cars of the Caawissa Railroad Com
pany, or that might be presented by them. Does
that pass as an incident of this easel Look at the
authorities which have been so skilfully presented
by my colleague, Mr.. Drayton, on this subject and
cay whether this does not pass.
One company having made beneficial contract
with another company in regard TO traffic, may
with lease of itself transfer the benefit of the
contract, (London 81 s. W. r. W. 90. VS.. S. L. r.
w. 90, 20 Eng. L. 81 Eq. All, Redfield p. 4l9)
contract by two railway companies that each
shall run upon the track of portion of the
others line, is of permanent character, and
cannot be determined without the assent of both
parties, although in terms it did not specify "suc
cessor."
And ifthe line of one company be leased its lessee
may use the line. (Great North. r. W. 90. VS..
Manch. Shef. London r w Co., 10 Eng. l.. &
The West London Railway Company entered
into an agreement with the Great Western Rail
way Company, under which the latter company
bound themselves to stop certain OF their trains at
point where their railway intersected the West
London Railway, for the purpose OF transferring
passengers, &c, from rail way to the other, and
10 stop their trains tor the purpose OF meeting cor
responding trains, &c Subsequently the West
London Railway Company was authorized to
make a lease to the London and Birm Railway
Company. 1t was held inter ala that the lessees
could If they pleased, claim the benefit OF the con-
tract between the West London Railway Company
and the Great Western Railway. West London
r. W. Co. vs. L. & N. W. r. Co, Is Eng. L. u Ed
r., 4e1)
Do your Honors want any better or stronger
authorities than thesel Says Mr.. Parsons: $50
much did the ancient law ahbor litigation, that the
transfer of a chose in action wholly prohibited.
But we apprehend that the stronger and better
reason was, that debtor shall have a new cre-
ditor substituted for the original one without his
consent Courts OF Equity have long disregarded
this rule" parsons on Contracts, VOL l, p. 229
and 224 and cases there cited.)
have one two other topics on which wish
to touch slightly. AS TO this matter of the filing
which has been dragged into this case do not
wish to enter into that 10 discuss it, But you
have in this case what you had not in the otner
case--conclusively established by proof, as we
think it-that this certificate did remain in the
office of the Secretary of the Commonwealth forty
days II this is to be done in one case where is to
be the limit II i hand my friend Col. Snowden
here declaration, and it is received and kept forty
days, aud then handed back TO me, where is to be
the limitl If / go before the Master in Equity in
this Court, Mr.. Mallery, and file something with
him and he keeps 1t TOR weeks, and then sends 1t
back to me, where is to be the limit
The paper is sent to the Secretary and he returns
it in letter saying, where is your authorityl Judge
Church replies by the next mail, saying here is
your auth Gritty and here is the page. Six seven
weeks elapse before any answer is received. What
was the duty of the Secretary law had recently
been passed requiring the filing of the paper, and
when the Secretary asked for authority he was
ferred to the authority, and forty days passed be-
fore anything was heard from him TO indicate thai
the paper was not filed. If this is to be done, no
one OF us can say where it will end.
1t is said on the other side that these bonds We're
dated when the paper not in the office of the
Secretary. Governor Walker is here with the
knowledge in his breast that these bonds were no
issued until the 18th. These bonds were issued Il
extent OF which you cannot conceive, Look a.
IL as practical men. These things could not bt
written They had to be Autographed and somt
date had to he fixed. The bonds that were issued
weighed over three thousand pounds After thu
ink was put upon them and dried, IT added
weight of 700 pounds. We not dealing will
petty matters here We are dealing with largI
matters. Some date had to be put in, but although
they were dated, nothing practical was done with
them until nearly two weeks after the date OF thu
bond but interest was made 10 run from the day
on which they were dated.
Now, when ten eleven days pass withou
hearing from the Secretary, what must we con
cludel Why, that he satisfied. After all thes
transactions had been done, ar all this immens
amount Of money had been expended on this thing
must the Secretary not be prevented from sayini
that this was not placed on hlel Are you going u
commit all this power TO one mart A vast um
Der Of men showed their faith in this enterprise b.
investing In its bonds; and then, after weeks hal
passed. the Secretary returned the paper and re
fused &c allow II 70 remain in his office Certainly
OouF HonoFs will not say that this act destroyed
s,ovoaDea intaraata which TINS haan sta Ixal