The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27

many namely six cents per ton p = .n,la ana ten
cents additional for passing tire osa ,he tunnel,
until the month OF June last.
The manner Of taxing nar soo' motives ana tenders
erie Railway until 1855, ,a, rovania ..srds y
Unu about one year ago taey were taken upon the
Trucks o. h nepof Nv way Company IRON the fac
plainanis loading eem mon the SAID trucks them.
selves. noou year ago, Tor the sake OF greater
co,isnIe Tor &c compalnants baht TWO trucks
previous June last, the Erie Company had beea
acCusto ed TO receive the locomotives ana tenders
upon .dese trucks TO transport them 10 Long DOCK,
ana charging the ordinary rates for ordinary freight
returning the trucks again TO Paterson out Inaking
allowance Tor their use whatever nor doing any
tniRg towards loading or unloading This arrange
ment was uuashed by the Erie managers IN very
erectuai, though extraordinary manner as WIN
presently appear. on March 2 1869, company
was ncorp5fated called the ''union Locomotive
Express Company with a capital OF slO0ooo,
liberty 80 increase 1t 10 100000. The nith sec
ton OF the charter act empowered this company 10
carry or forward locomotives or other properly.
This company was pretended TO be organized, put,
it Is claimed, upon fraudulent basls-t. e., from
the manner OF purchasing, large portion OF the
stock being paid for in trucks anu property trans
ferred for that purpose by the directors OF tne Erie
Railway Company; and If this express company
does exist 1t does by combination OF The direct
ors OF the Erie Railway Company Tor most OF them
and the pretended directors OF the Union Locomo-
tive Express Company for the purpose OF prevent
ing the Erie Railway Company IRON Transporting
locomotives and tenders, which by law Inc Erie
a.
rates. The rates OF this Union Locomotive Express
Company are much higher imam those aio"ea
by law to the Erie Company, Tor the pur-
pose 10 is alleged, OF depriving the stock
holders OF the Erie Railway Company OF
their just dividends and extortng Illegal cnarges
from those having locomotives and tenders to trans
port II also alleged that one OF the objects OF the
said Union Locomotive Express Company Is to
defeat and prevent the transportation OF locomotives
over the said Paterson and Hudson River Railroad
at ordinary Tor freight. The complaint further
states that the Erie Railway Company and Union
last combining and confederatng together 10 pre-.
vent the discharge by the Erie Railway Company,
of the legal duty they owe TO the locomotive manu-
acturers In transporting their product at ordinary
rates for freight. That, IN pursuance oil tnat con-
spracy, land Tor other evil and unlawful purposes,
they devised the scheme OF removing the trucks
OF the locomotive manufacturers hitherto
referred to- out Of the state, and keeping them
fails false deceltrul 'A ana anu nypocrca pretenses
to Justify the detention OF the same" The
language OF the compliments in the suit IN this con-
nection Is extraordinarily severe The Dill OF COM
plant further states that although some OF the
agents Of The company nave pretended That they
desire to return the trucks referred to, the Erie
Railway Company managers nave given positive
directions not to let them pass by the Susquenahna
over their road. And although Others OF them
pretend that they do not desire to mjure the COM
plainants. yet the Erie Railway Company directed
one OF their engineers to take the said trucks west
wardly and out OF the State of New Jersey. In
pursuance of these directions an engine was
attached to the trucks OF the compliments, and they
taken out OF the State. II Is also ayerred that
fectiy well understood between the directors OF both
said companies and their agents. that these trucks
should be kept out OF the State IN order to compel
the locomotive manufacturers to employ the Union
Locomotive Express Company 70 take the engines
from Paterson to Long Dock, and in order 10
furnish pretence 70 charge the eXtortionate ana
unreasonable prices now charged by that Express
Company, 1t Is further shown that the price for
Transporting locomotives over other roads In the
United states is forty cents per mile for each loco
motive, one and onethird cents per mile per ton
IL Is, other words the general rule and custom TO
transport them as ordinary freight. whether the
Union Locomotive Express Company Is a duly
organized company or not II Is charged 1t
was gotten up and procured TO be organized by Jay
Gould, James Fisk, Jr., and +. A. Lane, three
of the directors OF the Erie Railway Company,
In connection and combination with W. NJ. kasson,
j. G. Dudley. Henry j. Smith, q. Y. kas5on and "A
person styled in the act p r. Randall, who are made
parties to tas bill for the purpose OF discovery, as
well as other purposes, and was devised mainly as
contrlvance shit the duties and responsibilities
as common carriers from the Erie hallway COM
pany to an irresponsible company or set OF men,
with responsibility limited as sforwardersn only,
and In order to enable the Defendants or some OF
them, TO make nle1al and exorbitant charges for
transportation without mourning the penalties Of
the law or assuming the risks Of common carriers.
Ii is claimed that the Erie Railway Company cannot
by any such contrvance evade Its just responsibility
as a common carrier; that these contrivances TO rid
the Ene Railway Company OF its duties and respon-
slbiities are fraudulent and void, and that the
money obtained thereby mas been obtained bs fraud
and unlawiully and the amount thereon III excess OF
the legal rate OF freight should be paid back.
on June 2. 1869, the Rogers Locomotive Works
TO be transported 10 Long Dock, a locomotive and
tender Tor the New Haven ana Northampton RAN
road Being their own THE locomotive CON-
pauy'sl trucks the Erie Railway CompanyDrensed to
receive them but directed that they should be trans
ferred to the trucks OF the Union Locomotive EX-
press Company, which was done, under protest, the
Erie Company charging thirty dollars for freight
age and fifteen dollars Tor discharge about Jour
hours use OF the dock, until the locomotive could
be moved on board vesseD. On Juue the same
game was re-enacted with another engine for the
same road. ON the l2tn OF August last the COM
Erie Railway Company a tender for the
Kansas and Pacific Railway Company, which
and Essex Railway. near Bergen tunnel. about thir-
teen miles. The Erie agent was offered Transports
ton ticket, with the place OF destination marked upon
IT, and twelve dollars In money for the freight which
fully enough to pay the legal charge. Inc freight
ticket both refused with the Information
that under the existing Instructions the ticket or
tender could not be taken, the Erie company having
no facilities for the transportation OF such freight
Upon being asked what was meant by "facitlesn
the reply was that kasson's Union Locomotive Ex-
press Company had the contract for transporting
all engines and tenders The compianants IN their
bill demand that tue contract be produced.
II such paper does exist II Is thought
that II cannot relieve the Erie company
from the regulations OF the charter under which
acts should act. II Is alleged that the Erie com
pany at this had full and ample facilities for
carrying the freight as desired. Another engine de-
hvered 10 the Erie company on June 5, was delayed
three days and was then taken westward to Owego,
n. Y. Inc agent OF the road 1.-THE Southern Central
refused to receive the locomotive at that point ana
TIE Erie lHeH DTuuEut IL DdCk 70 BlIlRHdlHlOU anu
from thence to Syracuse. The trucks upon which
the locomotive was loaded, belonging to the manu-
facturers, we're then brought to Binghamton where
tney have since Deenkept. Upon another occasion
Mr.. Kasson, the ostensible manager OF the Union
Locomotive Express Company, offered If Mr..
Rogers would ship locomotive by his
express and pay $3.50 therefor, and make
no protest. that half the money would be returned
TO him In few days. Mr.. Rogers, however, refused,
and paid the charge under protest. MIR. Kasson
then said the Erie company was prepared TO fight IL
out on tnat line, ana that 1t had the locomotive
builders Of Paterson In us power. He also told Mr.
Rogers that in making bids for Western locomotives
TO be delivered in Chicago he should add $500 tKas
sons price Tor sending them through, and advised
him also TO add $3.50 on all to be delivered at Long
DOCK. The agents OF the company informed Mr.
Rogers also that they had orders take locomo
lives away Whcn were not upon the trucks OF the
Union Locomotive Express Company. TINS had the
appearance OF conspiracy 10 defraud the stock
holders OF tue Erie Railway, who could not, OF
course, claim any dividends from the profits
Of the Union Locomotive Express Company.
An ordinary locomotive and tender are worth
nd Ia oil a1