New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-19
THE GREAT RAILROAD CASE
DECISION OF CHANCELLOR zABRIsKE.


The conclusions to which he arrived were hrst shs s
act OF 1910 nave authority 10 the directors Of the uneo
comp anies 10 connect with other roads; second ,
their lnesf formed both connected and continuous ios
with railroads In other states; third all too Propo
the road and their appendages may be Leased anu
without the consent OF all the stockhoders iouf.n' VIZ
directors have such power by the consent VI INC
such lease Is within the power delegated py 'no =, ha
turo TO the directors; SIXTH that the purposes " w.
Iease ara a public use seventh, even II the directors
have not the power TO make the lease the making oi
not taking of property without compensatory ek''
that the Pennsylyapia railroad has power 10 oonsun
mate this lease The Injunction must be denieo anu "'
order restraining the defendants vacated
The following Is the opinion In full
THE CHANCELLOR's OPINION. .,.
rx cu.rctRYLOctober Term 1s7l.-Back and others
aot The United Companies OF New Jersey. - 40.
The 0haneellor.The compananS III 5I are the de.
feudapts The object Of the bill to restrain these cor
from ssrosd which works
OF the are to be leased 70 that Company for
for AZ ,S e mser the Court
Application for o preliminary injunction; s,,aarts
ns g S % sSarss Of sOo each Of which the 81
oomplainants s4S5 shares being te GIe s han
et Of the complanants all other stockholders OF the
defendants who may Join therein.
Tho defendants the Delaware and Ratan Canal
Company the Camden and An6Oy kaiUsa Conn.,
al By fsy
6Sts6 6y bS aS sat ppsssed Feb and been
commonly known by the sppeatOn Of the JOIn: EE
panes their business affairs and In Legal a
aged by joint board composed OF ne hs charter
BY company to It's Ga Ts passed March
T. 1884, and 1t was consolidated win tne JOHN &C.
by virtue Of an act of the an seTee%ent made
the first day OF that mouth By TINS tney %teS 9G
Of zach remaining
a Joint board composed Of the directors of el They
of'e the since 1ni GsGn Go%panes Of
have not adopted or assumed cofpod.ahEe nane ,'
The Canal Company was authorized to construct canal
from the Delaware to the Rartan ana Ieeder 10 supply
boy Railroad Company authorized 70 construct
11na from the NTH sCanCss pO at both
to convey passengers and freight from the City
the sem S # F q sSRR2an g
ton from Philadelphia to NewcYork;. 70 was
authorized after the main line was comRetedb 70 n con
ware at BOrdeutOwn. The New'Jcrsey Railroad Com
to
opposite the City of NewYork with power to construct
to any y to on
it provided that any sochodsr OF either who ans
interestneither work being then constructed And IL
the act Of 1861 to consolidate the United Companies,
was provided that each dissenting stOckhoder should
paid the value Of his stock to be appraised BY Coin
missiOners. o., 80 ,oo-
wcrs to Construct railroad from the south
westerly end of the NewJersy Railroad in the City OF
their road at or south Of BordcntoTn. with spur to
the Trenton Delaware Bridge Ihs at MAJ" no PaS
the the Trenton Delaware Bridge Company. Of which
they owned majority OF the stock were allowed 10 lay
rails upon the bridge over the Delaware at Trenton and
to Il for And in S s taey R Reo sa
Company, whose road ran from the west end OF that
ri NJ 4 he linz of
hy which the profits Of these Three
should be divided among all their Stockhoiaers' Shie
The Joint companies constructed canal from the Della
BOrdentown to south Amboy and provided steamboats,
at either end to NewYork and Philadelphia, so as to
the other and aso railroad from the western eItren
ity of the NewJersey Railroad In NewBruI ~ lex
sntS1 Bridge and Laid rails na that saS1 a 70
road from the west boundary Of f.. New New
Of 5s )"
to any ferry These works were a completed as
In this manner beside the canal from the Delaware to
the Raritsn, three complete lines OF communication oe
tween NewYork and Philadelphia were perfected; one
from New.York to Amhoy by steamboat from Amhoy to
Camden by rail, and from Camden to PnaasPhSs by
ark and New Brunswick to Trenton, and over the Iren
S SIo fds a the spt Ss and %
Trenton then by the road from Trenton TO PSade0a
Fac Of these lines was continuous line from NewforK
Philadelphia.
Each Of these companies had with the authority OF the
Legislature but without the express assent OF Its stock
strcted branches authorized by its original charter
And had purchased stock Of other corporations deemed
their works. each had established and maintained ferry
the termination OF it's road the Hudson and Della
for the Public And for this purpose the EewJersey
Railroad Company had purchased at the cost OF nearly
the capital stock OF the Jersey Associates These
things done sometimes with, sometimes without,
special authority Of the Legislature, always without the
avn of fha cfn
LEASES, ETC. OF THE JOINT COMPANIES.
o These ron eS' the only tSs sn" s
which passengers and freight coming to philadelphia
from the West could cross the state to Inc
RAILROADS which the chief means Of communication
Gr g ae Tss ado AZ With the
joint companies in 1883 by which freight and passengers
Company to Philadelphia should be carried to NewYork
over the roads of the Joint companies without change
divided according to the distance passed the re-
The depot and other terminus accommodations OF Jer
sey City, barely sufficient for the proper bninesss OF the
united companies found inadequate for the freight
Prnnsylvania Railroad The united companies, to pro.
for this need In the Autumn of 1857 purchased OF
from G south seeond 70 South seVenths
giving them front of 800 feet on the Hudson opposite
NcwYOrk, and containing about 20 acres. THIS Rur-
chase was made the cost Of half million Of dol
lars without any special authority from the legislature
BY virtue Of an act approved March 80 1883 the right
the State to the lands In this purchase with the ght OF
retaining lands under water was conveyed to the
united companies for the price OF 100000 This
act authorized them to construct branch road from
this property the NewJersey Railroad at Bergen HILL
To this act the assent OF the stockholders not
quired or obtained. And as Is alleged the united COM
panes have expended about 100000 In procuring the
right OF way for the branch authorized by this act
and the improvement Of this property for will re-
uuire several millions more.
BY an agreement made between the Joint companies
and the Pennsylvania Railroad Company In 1883, that
Company agreed to construct, and did construct, rail
road called the connecting road from the Philadelphia
and Trenton Railroad at FrankfOrd TO Its road at
Mantua BY this q continuous and connected line Of
railroad completed from Jersey City TO Pittsburgh
further West that passengers and freight could
transported Jersey City, and also from Amboy
In the same cars which they there placed TO Pitts