New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-02
NEW RAILROAD WAR.

THE ERIE RAILWAY COMPANY AGAINST THE
LARE SHORE AND MICHIGAN SOUTHERN RAIL-
ROAD, AND THE NEW-YORK CENTRAL AND
HUDSON RIVER RAILROADS.
The argument in this case on the motion
for an injunction and for the appointment Of referee to
take testimony upon the facts alleged in the complaint
Of the Erie Company continued yesterday morning
before Judge Barnard. The Courtroom filed with
lawyers and others After tho routine business Of the
Court had been disposed OF and Judge Barnard had adj
iourned number of minor motions, in order as he said,
that he might hear of brains ex-senator Doc
little representing the Lake Shore Road said:
II the Court please, by argument between counsel
after Mr. Sherman shan have addressed the Court FOR
the plaintiffs, my learned friend will conclude the argu-
ment on side but before Mr.. Sherman commences,
in order that there may be no MISUNDERSTANDING III re-
gard to the precise points that we make here VII state
them they appear this piece of paper: We make
our motion for the pOtponement OF the hearing Of this
application 10 Sho% cause RIo IhH Sp r upon nat a
a favor and ask IL without any conditions whatever
therefore opposed 10 il condition To the order
OF reference with due Difference to the opinion *
pressed by the Court we think IT is not warranted IN
like this II IL 10 take testimony not on any col,
lateral issue but the main issue OF the complaint II
therefor In the order condition to an adjournment 10
that oppose the order OF reference and reserve our
right of appeal. We also oppose as condition OF post
Court that do not consent 10 take any consent with
any 3uch condition attached We insist upon our right
such condition whatever We insist further, that upon
the stands preliminary injunction should be
Tirs: complaint in restriction Of com
Sed Il is vod b the express provisions Law, Of 17 and
Trd Because the Erie Railway COMPANY by law could not take
any assignment Of The contract under the % section oil ne law Oh '
fourth Because there words making it
TGh Beeau, BY the complaint by the acts Of which ths
ever 1866 and their aoa forba preliminary HanSn
pursued the special remedy provided for them by the contract
% Because BY the undspute evidence President and Mana
gers the Lake Shore and Michigan southern Railway Cmpsn ss
Company toward PlsntG consolidation;
10 The Cont there is positive denial Of ali equity in The
n THIS Court any hind Of injunction
K4 Because although upon the question Of The d s sn '3 %
proof upon deiensn the evidence before the Court not full
there enough show the fact Of such oy arg
Injunction hou this ground be postponed to the hHA meaning Oh
Mr. sherman said that It his duty to oppose any
pOstpOnement whatever, and insist as matter OF rght
npon the Injunction, and he should further insist upon
the order OF reference matter OF right Ihere was
nothing made out In the papers that showed any reason
for postponement unaccOmpanied by reference. Inc
whole ground Of this pOstponement was 10 get tofet
many witnesses They would not have any new Soteo
would do TO bring witnesses 70 prove whether tey
had violated the contract whether his clients bad
Mr. William A. Beach, representing the Hudson klVer
and Central Roads followed in long ana aDe argument
stating the grounds upon which the defense relied
Judge Barnard said that they could draw up an order
for reference, in which they could incorporate the
portunity To appeal from the order. Let the matter
stand over for so or days. and there should be what
is called sharp practice resorted TO- ne "oud at 'o
Injunction. - .,, ,t,,o,o,
not as condition OF reference but part OF the order
The counsel for the defendants opposed TINS as ieg-
lar Int Judge Barnard decided that II was not ana MT
Sherman then addressed to the Court long argument
in Shch he reviewed the complaint OF his clients Ia sup
port OF his motion. 49, p.,,oor1 tool,
At the conclusion OF his remarks Judge Barnard took
the paDers and reserved his dccison For painti "
sherman for the defendants eX Senator Jas ~ Doc
lite Mr.. A. tanning OF BUFFALO, Mr. WI" a. D'a'h VI
Troy and Mr.. Fairchild.