The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-07


forcible possession or our track. They had track
OF their own, but when IL came TO their SELLING
onr track why we thought 1t time TO
Sid all this without our consent or without giving
US word Of notice. In fact, II was about a. high
banded piece OF business a. ever eve heard or 80
that" Being nerrogatcd as 70 what the pr0bable
loss accustomed by the delay amounted TO- Mr. FISK
said N was impossible 10 Ultimate 10 under the CIR
cumslances. hSupposng,r said he. 1.-THE road earns
sloO.OOo day, that could give
sustained II Is one Of those Thugs You could not
at all calculate No doubt they injured to the ex
tent Of 1000. For instance now, You were stop
were bound for, well, seeing all this blockade
business ia the PAPERS you might MT answer well
wecs after the occurrence, and yon. see
In fact, the same with every public asso'
cation, fer It naturally takes more time TO
aefSs oraon ITSELF EveySo can see thaf
whatever right OF way they may have claimed they
had no right to take our track, TO ray nothing Of
Referring to the private consultation or all con.
cerned on the night OF the interview, Mr. FISK ex.
piained that the Interview held In the ONCE at
the west end OF the tunnel simply to
OPEN TIE ROADS FOR THE PUBLIC.
TOO h1hy o ae ou canno
ing emergency, and must say he did al In his power
to bring matters TO harmonious termination. But
rebound to our disadvantage. or course would
not consent to allow the frog to remain there and
a 10 o 80 Dc
seeing that | was firmly resolved on that
point could not do anything else than he
either riot or take up the frog, and he chose
the latter. Our would not run over their frog
/ would not consent TO- and l thlnk it would be
AN EVERLASTING DISGRACE
to the Erie Railroad If they could not protect their
own tracks. Now. leave all the legal technical.
n tan rlFlt
our track I'm bound TO see that IL Is replaced. The
question scomng before the courts, when, no doubt
II will be July and fairy discussed"
THE OTHER SIDE.
lyon have already published q very fair and i'm.
partial history OF tue difficulty, 50 that scarcely any
thing remains 10 be said upon The subject until the
legal questions come 10 be determined by the
courtsn replied Mr.. Samuel Sloan yesterday even
quarrel had assumed ..we have filed a cross bill
before Chef Justice Beasey, OF the Court OF
Chancery OF New Jersey. ana have Obtained q rule
upon inc Erie Company to show cause why an 10.
Junction should not De granted against them, re-
stralning them from interfering WIN the Delaware,
Lackawanna and western Railroad IN making q
broad gauge connection at the west end Of the tun
mel, ana ais0
why receiver should not be appointed TO take
charge OF the running OF al trains OF both companies
through the tunnel That ORDER" continued Mr..
Sloan, "was served upon the company st night,
ana Is returnable the same daf as their order
namely, the i2th. NOW, you know. OF course, we
protested against their tskng up the frog; but they
took the law into their own lands and FOR that rea
son we flied this bil.n 'But dii you not
lay TINS frog without the know edge OF the Erie
Company, Or without giving them notice ~ was the
query put to Mr.. S,oaD, who replied, at was not
necessary 10 give any notice about the laying OF the
written promise to allow Us TO do 80. We have
right OF way, and IN
LAYING THE pRoG'
we acted under the OF the best counsel There
Is point would Ike TO mentlon-namcly, that
the freq was down. The whole thing was complete
at ten O'Clock in the orning They did not expect we
wGylil that llV: in fact. they II kua
on what day we would Go It, Their engine ran over
IL, and the obstruction OF the tunnel was owing 70
their not going right ahead. They could have done
az night ana nave the trains In time through the
day. We did not opsIruct anything. they could have
se tested ust a. well with iae frog "a down
The issue could have been tried with the frog laid.
The whole thing In fact turns upon the question OF
compensation. and the compensation could have
been determined by law while
THE P-BLIC WOULD NOT HAVE BEEN INTERRUPTED
In going to and from their homes The question
could have been determined with the frog up or
down." "They COMPLAIN Mr.. Sloan, that the
track on the Erie road was torn mp and removed
was another interrogation tnat ELECTED from Mr..
Slo3n the reply that the Delaware, Lackawa anna
ana Western Railroad Company had the right to lay
the frog MIR. sloan further stated that the Boonton
branch which In some way seems to have caused
the difficulty, was still running, but on the narrow
and Essex road except that il stopped at Paterson
il had not carried as yet any passengers or freight
over the other road.
This was ALL and Mr.. Sloan resumed his occupa.
ton ut his desk. observing that cross bill had been
flied and that the law would determine the ques.
tion. quite an interesting battle Is at hand. Both
sides claim TO be in the right but somebody must
be in the wrong. Both sides are preparing Tor the
Struggle, and o severe contest IS NJ hand.
TIE HISTORY OF TEE TUNNEL DIFFICULTY,
stated by the officers Of the Erie road, Is a. fol-
Jows:-Ihe Long Dock Company swallowed up by
own use at st Of more than 81, 1000 300. No other
road had any right 10 use It, The Erie. in Its early
poverty, accepted loan from Mr. stevens, Of tho
Hcboken Land and Improvement Company, for
which, and without any other consideration, |. per-
mitted Mr.. stevens TO run a road from Hoboken TO
Newark through the tunnel. Subsequently. Mr..
Stevens seli out this short road to the Morris and
Essex Railroad Company. THIS latter road connects
with
OTHER ROADS REACHING NEWARK,
with the Delaware, Lackawanna and Western, and
may eventually extend by connections to the Pacific.
Now, the Efie people claim by what right do all the
roads and branches connecting with the Morris and
Essex claim the privilege OF running trains through
the tunneE Clearly, none at all. ihey might as well
claim the right TO use or occupy the property Of the
Erie road from one end 10 the other for by the agree
int with Mr.. Stevens IL was specified that no road
running in rivalry to Erie should nse the tunnel.
But the Morris aud Essex Is now leased TO the Della
ware, Lackawanna and Western, a broad gauge road,
which Is an acye competitor With Erie for through
traffic, and consequently the Erie people claim that
the Morris and Essex people have forfeited Their
privilege. Mr. Sloan some time ago agreed with Mr..
Gould to settle the question by friendly suit, but
mas violated ms agreement Dy attempting 10 take
fOrcble possession.
Action nj the Hoboiscn Co amen Osuncii--The
tue Erie Railway Tracks--The Corporation
Attorney "a Little Too Quick.
That little unpleassntness between certain folks
holding possessions on the vast tract OF swamp in
Eoboken which some day or other Is to be Seven
teenth street In Hoboken and the Erie Railway
Company was brought TO the notice OF the City
Fathers at their meeting last evening. A petition
was presented from several property owners calling
attention to the respass their domain and pray.
ing for relief. the peuion was referred TO the
Committee on Streets, and that conclave forthwith
set to work with promptness ana despatch which
very few persons in Hoboken win be inclined to
give them credit for. A nod and a wink from this
member 10 that ana from him back again, and
THE WHOLE THING WAS "FIxEDn
II was plan as MONDAY that the little matter had
been discussed and arranged before the Council
and the passing round Of the wink was but the sig
nal that all was ready.
One member arose and submitted the report that
The committee were favorable to the petition A
RAlt.