The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-14
TIE FIERCE FROG" FIGHT.
Some Say This and Some Say That Motions for
Injunction and a Receiver Legal
Fight Continued at Trenton-Ths
Loser to Look Out for Squalls.

"And II would be m everlasting disgrace 10 the
Erie road Ii 1t can't protect its property said
Fisk "Mind YOU, sir, we had perfect right to put
down the frog,r SAID Sloan. Such indeed, were the
earnest sentiments OF the two ironhorse belgerent
magnates at an interview subsequent 10 the block
aiding OF the Bergen Tunnel, which caused such uni.
versa indignation. 'But,n says Sloan, "the mat
ter could have been tested without interfering with
the public trayelr "Wha-at ~ exclaims Fisk "tear
up our track remove our property No you doa't,
not II we know ourselves and we think we do.n
The frog In question VIII 40 credit to the name. II
will, moreover, prove an expensive article, ana Will
henceforth be raised IN the estimation Of the com
munity. AS aluncheon for
LrrIGous RAILROAD COMPANIES
II will serve as an excellent digestive luxury In
deed, there Is no knowing what would have become
Of the veritabe frog the day the blockade but
for the carloads OF bread and cheese served out to
the hungry workmen who, at the beck OF their en-
ployers, had copyrighted upon the Mills ready for
anything, from tho smashing OF an engiHe to
the 'chawlDg up' OF hostile superintendent
How many lawsuits will ensue consequent upon
the hgh-handed proceedings lt is ut present very
difficult to state. Perhaps hundreds OF the i'll treated
passengers wantonlg detained on the day In Ques-
ton win
MAKE THE OFFENDING PARTY FEEL
what II Is to obsruct the public highway. Lawyers
throughout the country doubtless preparing .bg
casesn and the courts viii probably be occupied
with railroad suits arising ont of the blockade FOR
years TO come. II is gratifying TO think that the
railroad companies themselves have insrgurated
the hostile campaign, and magnificent harvest is
In store for the legal lights who ere overhauling
contracts at tremendous rate. The "frog'' fight,
then, must be welcomed by all the passengers tnGt
were detained on me day Of the blockade. 1t pro-
misses TO be capital anair, and, altaough poor
sIooaIitIHItpEttts IaAg st4}g l,errton o. the
continuity will be benefited by the result. Tho
facts OF the dispute now at issue have already been
fulls set forth. The contest between the Erie anu
Delaware, LacAawanna ana Western Railroads, now
being waged before Cniet Justice Beasey in the SUI
| premc Court, State House, Trenton, was formally
| commenced on Monday and resumed yesterday
morning. AS on the previous day Trenton Itself was
for the genial sunshine than all the frog 1ghfs IN
Chr1stendom. Trenton ia peaceful little place, ana
e @ pSas % the Peos 70 pc a9
had Interest ior Trenton and sniall biae 10 tse
worthy citizens or that locality for their want Of an
! that on the preceding day the Court was occupied
with hearing read ponderous biis and answers set
tlil2 foi IN the grounds upon wntch each company
PRAYED EoR An INJUNCTION,
on the one side TO RESTRAIN the Delaware, racsa-
wanna and Western Company from continuing their
Boontoa branch, so far az 1t interfered with the
Erie Company ana, on the other hand, against
the Erie Company, to enjein them rom inter
feTing with the Delaware, LackaN8Dna ana
| Western Company aud 10 have q receiver appointed
over the tunnel. wss should regulate the passage OF
trains Chef Justice Beasely took his seat the
bench few minutes after ten o'clock and the legal
warriors assembled together, ready Tor tho wcrdy
much nearly the entire day was taken up with
the reading OF the document prepared FOR occa.
| sion. IL must be remembered that there arc
TWO QUESTIONS 10 BE DECIDED.
The bill and answer In the Erie Suit were read on
| Monday. Yesterday the Court was enlightened upon
! the subject OF the biz and answer in the SUIT
| by the Delaware, Lackawanna and Western
| Conpany MIR. NaDetta, the cool and cslcuiotn9
adviser sf that company read ts bill OF complaint
win an agonizing expression OF face. The court
room almost entirely deserted aud IL presented
| the appearance of q huge cebo1.
THE GRIEVANCE SET FORTE
that there was difficulty between tho two com
panies; that the Eiie road made certain regulations
for the purpose OF embarrassing and delaying che
Delaware, Lackawanna ana western Company. and
tnat unless those regulations were stopped their
business would oe interfereo with that they would
suffer rreparaDe injury, and they therefore asked
the Court TO issue an Injunction restraining the Erie
Company from making any unreasonable regulations,
and that the whole matter be referred to Master OF
| The Court OF Chalcery, VINO could make suitable
arrangements, and compel the Erie Company to
Aside by them. The oil further prayed that tbe
tunnel be placed In the hands OF u receiver. Ii
| claimed, moreover that the Delaware, Lackl-
| wanna and Western Company mad all the rights OF
| the Hoboken Land Improvement Company and
/. they relied upon the act OF 1858, which made the
| tunH.i y public highway: that, In fact, the Della
ware, Lsckewanha and western Company had as
muc h authority 10 pass through the tunnel rs the
| Ene Company ITSELF The wearying details Of the
document were finally disposed OF, ana following
1t was the answer OF the Erie Company, which WA
read by Mi. Leon Abbott. The latter claimed that
the original contract authorized the con-
struction OF little road that never was
but-a road running from the east side Of Hacken-
sack TO Hopoken Terry, connecting from the east
side Of Che RIVER With the New Jersey Railroad: but
the limo that was constructed had no connection
with the Jersey road. The answer admitted thai
the Delaware, Lackawanna and Western Company
had right TO 80 through the tunnel not, however,
without
PAYING TOLLS.
The Erie Company denied the right OF the Court
to appoint manager over the roads. the tunnel
belonged to tho ERE road Nobody had anything
but right OF way through 1t. As to
wanna and Western Company, 1t was claimed
that " Was originally narrow guage.
and that the object OF their broad Cuage was simply
10 carry freight and passengers over the broad
guage 81 the Erie road Dy making connection with
It, The answer further complained that the Della
authority 10 build the Boorton branch where 1t now
Is since the act OF the Legislature directed that it
should go through the notch OF the mountain, in.
stead or which 1t went around the mountain and
went through Paterson. This was the substance OF
the answer, and q very drearJ document 1t was.
Attorney General Chemist, who kept his weather
eye open oil day. WIN today lead OF with
the foregoing facts He will be followed by MIR.
Vanetta; while Messrs. Williamson and Parker, and
Messrs. Leon Abbot and Greene. with Senator
Stockton, will also have something TO say upon the
subject II will be interesting to knew against
which company the injunction shall Issue. Perhaps
tinue fer days, and the decision viii doubtless
be awaited with anxiety. Let the defeated beige-
rent leok out for squalls.