The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-01

argued was tho question OF adjournment. When
ney mad adjourned yesterday II was understood that
sne question OF whether any terms should be I'M
Mr.: shearman replied that he had, before coming
nto Court fully informed the other side OF the terms
nan been under discussion.
Justice Barnard said that he considered the adj
tournament and the reference only as closed ques
uons, but unless he could ind some one to hold oyer
ana Iermlner ne could not now hear the discussion.
Judge Barnard then left, saving he would return
"neu oyer anu IerInlner would adjourn.
having again resumed the bench. Mr.. Lanning,
or defendants asked that the order for reference be
mace separate order and that the referee be man
VINO lives IN the western part OF the state. rs IL
would involve great deal OF trouble ana expense
tney be not obliged TO serve their anidavlts before
hearing, and that no preliminary injunction be
granted In support OF this motion he read the am
Shore and Michigan Southern Railroad Company,
which says II would be entirely incompatible with
the operations OF the road thai any injunction,
whether general or partial should he grained, and
on Dehan VI defendants nc declines to accept any
postponement accompanied by any such conditions
as the Injunction would impose. He respectfully In
ssts that defendants are enlled TO q reasonable OPP
portunily to present TO this court the facts by which
allowed them. Since his election, on May a, 1870,
{. a,ct the presld iy Of the Lake Shore and
no order changing the manner in which the
business ha been previously transacted with
Tegara 70 ane aere,s OF the plaintiff or he New
mIaw OF Commodore Vanderbilt but 1t is not true
as stated IN the complaint that a m J0rlty Of the
directors are interested in both companies or that
The TWO railroad are run IN the interest. The
Lake Shore road Is conducted III its own interest,
and not or the advancement OF tile New York Gen.
tra and Hudson River Railroad.
Having read this affidavit counsel stated that they
had prepared several other aildavits but from want
OF line tney were imperfect. he could not how
ever take The time OF the court Ia reading them, but
would wat Tor the tina. hearing. lie thought how.
ever, the aiiiiavt or MIR. Clark would be sufficient
ON this motion Tor postponement. lf
Mr.. Beach SAID the equity OF The complaint had
Deeh lily answered by the atdavlts esented, and
IL did not appear that the Erie Railroad were suffer-
ing very materially
AR. shearman said he would ike to hear the other
ahldavlts. lOr II they Ike the preceding ones
I'll y would help the case for paintrs.
Judge Barnard proposed to submit the papers.
want any INJUNCTION against them.
ar. Snearnan aid great deal had been said
about tner NOT having applied for an injunction
ing hat eight days notice should ne given, and That
was done, and now the injunction is applied for
Inc delendlfits claim that the Erie Company have
broken the contract but the Affidavit In win Oh THIS
assertion Is made proves the contrary.
Mr.. Doolltte said hey were opposed to any post
ponement ii preliminary injunction was imposed
on them, as In case they should consent they had
appeal and should take tile consequences. One
point IN The complaint should he conclusive against
the injunction, and that Is that what they complain
OF existed sinc3 1866 Tue planin s desire thai the
gauge at Buffalo shall be changed.
This is "A matter which 1t Is doubtful If any court
Woud grant, as It IL u matter which Interests the
Whole community. This plan of having u different
Mr.. Lannine then read the aiida,t OF Addison
HAM, superintendent OF the Lake shore Railroad, 10
the effect that the business left for them to decide
upon was given to the New YORK ana E,ie and the
New YORK central equally, aud there was no lavorIt
ISM between The on and The other. The freight let
unconsi. ned, which was very lttie was gwen TO
the shorter roule.
Charles NJ. Gray, Assistant Freight Agent, zorro
bOrated the statement OF Mr.. Hail.
The af1ldavltS OF Charles ii. Lee one OF the first
directors OF the state Line Rallr rad; Robert n.
Brown, superintendent OF The State Line road; Ben
Iamin y. Smith, General Western A gent OF the Erie
ana afterwards oi the Central; Charles NJ. Chadwick
Local Freight Agent; John A. Birch, General Ticket
Ag nj OF the Baltio AMI State -LLnc Railroad; and
tiat or James Iiliinghast Assistant Superintendent
OIL the state Lle ana afterwards oi the Central road
and OF solomon Dnllett, read and went to snow
that me favor complained OF by planu towards the
Central Railroad did not exist.
Mr.. FslrchIld remarked that unesss 1t was likely
that a permanent injunction would be granted
preliminary one should not be granted. lie would
show the Court they were not entitled TO one. The
planir did not own the contract and had not title
TO IT, Suppose they did own IL, the contract ex-
pressy states mat II any OF the parLes TO the con-
tract think they have cause for complaint II must
he settled out or court by referees VINO railroad
superintendents, ana who are chosen by the party
complaining and by the road complained OF Fur
clause or the ntraot says that the parties TO 1t
snail not encourage and take any part In any rail-
road from Buffalo to the State ne OF Pennsyivanla
While 10y the statute II Is ordered that where two
lines cross or meet with any other line that line
snail afford the same facilities, 10 the one as To the
other ana that road has power 10 make connection
win and run on the track OF the road II meets with
AT the Conclusion OF his argument the Court adj
Jou,ned The further hearing until ten O'Clock this
morning.