The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
THE TUNNEL 'mOG.'
Continuation Of the Argument for the Erie
company-The Right Of thu Delaware
and Lackawanna to Use III Tun-
mol Emphatically Denhd-
Who First Violated
the Agreement

Attorney General Gilchrist yesterday nsr,rea b,s
argument In behalf OF the Erie Compan, a. yren-
ton, before Chief Justice Beasey. He denaa most
lively In every branch Of his argument Mot the
Delaware and Lackawanna Railroad COMPANY nave
any right whatever to use the Erie tunnel. ana an
answer to the chief Justice stated the only point In
the case was that there was no right to connect ON
the land OF the Erie to the tunnel.
He contrasted the charters under which the Cam.
den and Amboy Railroad Company acted and that
under which the company acted that ne was oppos-
ing He said he could build railroad In any part
or the Statcn
THE CONSTRUCTION OF THE CHARTER
was taken to be, In the word 'bridge,n to cross
navigable river. He maintained that special Der.
mission to cross . navtgable river was
held by the courts In the state and also
by foreign jurists The right OF navigation
was free public one. and he who i'm
paired must have the highest authority to do
He clted authorities to show that o railroad CON-
pany, having once located their road, could not
vary. 1t was SAID that they had acquesced in the
and Essex Railroad. lie denied that they had done
50. Gould they use the Norris and Essex rails on
road had real right unless by acqulescence
and the Erie road had
NEVER ACQUIEsoED
in the running OF tine cars over their land, with the
use Of the tunnel, without payment OF tolls
II they wanted to make out acqutescence on the
Acquiescence, indeeda What acquiescence In CIV
Ing away the right OF their lranchisea Acquiesce In
place them ut the mercy OF 0thersS
And now came the time When the connection was
made, which was in December OF 1859, and trains
began to run In March, 1870 The Erie disputed the
right TO come there at ALL ana more especially as
the Morris and Essex with its branches, insisted on
$500 80 WITHOUT PAYMENT OF TOLLS
This was, In the first place, against the broad
track. After q cat deal OF correspondence 1t was
npU n dtl mr. tn n nj
The tunnel difficulty was arranged three times and
as often broken. The frog was put down and taken
Of tolls was refused. After seven weeks Of parley
Ing the Delaware and LackawaLa refused
70 noG come nt TO ne ERIE ~ans1a 20
they could not demand the tolls.
The Erie road claim that the Norris and Essex road
have no right at ALL under existing contracts, 10 run
their trains through the tunnel The whole OF the
testimony brlsed with facts In support OF this as
sertion Only special Providence prevented
series Of fatal DISASTERS engineers would to
get to the tunnel first and
EXCITING AND FEARFUL SCENES
were Of daily occurrence Then came the inquiry as
to the terms on which the trains Of the boonton
would os % p s ss9a a ae
and, after seven weeks, when the Delaware and
Lackawanna refused to reduce the terms to writing
and sign the agreement, disorder con tnued aud the
battle OF tue frog was taken to the courts
There never had been the right in the Morris and
OF the Ere. II the Erie mad acqulesced In the pas
sage Of the Morris and Essex trains they had never
acqulesced III the passage or the Bo0lton trains.
ASH
THE TREsPAss WAS NOT GREAT ENOUGH
with the Norris and Essex Railroad, they brought
thousand coal each day and blocked up the Jun
mel. II they had the right to build the Boonton
branch until they came To the land OF the Eric, they
had no right to pass over the and unless they had
an agreement ana all they claimed IL the contract
| Of 1859.
THE REAL COMPACT.
1t was seen proper, under certain regulations to
allow certain trains 10 pass through the tunnel that
had passed over u certain track OF road. lie then
| adverted to the need there was for the tunnel
and under what authority It was constructed. The
act OF l849 contained o charter which showed
| that the two roads named there were
| the only roads authorized TO go to the Hudson
River, and, therefore, the only ones that had the
right to go through the tunnel, even though 1t was
public highway The Erie Company had the right to
pass through 1t ITSELF Two after the Erie had
located and had the right of the tunnel act was
passed declaring the tunnel public highway for the
| passage OF locomotives and trains on payment Of
tolls.
HITTING THE NAIL on THE HEAD.
Because the Erie road had permitted the passage
over their road free of toll the parties thus literally
| treated sought an estoppel, and alleged that any
party had right TO use the road; introduced new
railroad with It's carriage of 100000 OF OF coal
yearly and the charter under which the Morris and
Essex proceeded IN their assertion provided that they
should connect with the New Jersey Central Rail.
road.