The New York herald., 1871-11-01
RAND0LPH's REMON,TaANCE.

The Executive o. New Jersey in Collision
with the Court Of Char ancery-- the Railroad
Monopoly ni the Bottom Of the Trouble.
very important case came before the Court OF
Chancery or New Jersey at Trenton yesterday At
the latest session OF the Legislature an act
was passed incorporating the German Val
ley Railroad. The Governor did not sign the
sill. but counsel for the company maintain that
inasmuch as live days intervencd before the Gov
ernor sent any notification OF hts objections the bill
became alaw. The Chancellor said tnat owing to
the gravity OF the questions raised in the case ne
would reserve his decision. Governor Randolph
addressed letter TO Cour;land Parker on
the subject, In which he says that un-
der pretext for short local railroad
In rural ana some what isolated part OF the State
this single cnarter gave IN consequences OF Its inge
NOUS wording, all the powers hitherto wanting for
the completion Of road between the cities OF New
York and phlladelphis, with such powers for expan-
sion and increasing the capital tnat he deemed it
right to veto it.
In stating the case Governor Randolph observes
that persons interested In the privileges OF tue Ger
man Valley Railroad bill, failing to obtain his Official
sanction 10 its provisions, have instituted suit IN
the Court OF Chancery Of the state, the whole object
OF whi ch is maDIesy TO test the validity Of the EX
ecutiye action .TwIce,n says the Governor, shave
Declined TO obey subpGnas rom n Master In
Cnancery to appear ana give evidence In tine
SUIT. The Chancellor, TO whose attention these
documents and my non attendance has been called,
has caused TO lie served upon me as citizen sum-
mons directing me 10 show cause why should not
appear and testify, and at the same time TO bring
The Official papers referred 10.
This act OF the Court OF Uhancery presumes, there
fore, 10 define when the Executive prerogatlvc
ceases and the hability OF the cltizcn begins.
The Governor then desires IL 10 be stated TO the
Court OF Chancery-whicn was done-that Il deny
the authority OF the Court OF ChaDceTy ~ compel
my attennance before IT, 70 answer Tor any ofilcai
act bf mine,"
II follows that no authority save through charges
Of impcachmentl cal suspend the Executive func-
tiOns: and K tnIs be true preliminary steps by judi
cial summons are, at least, useless.
branch OF inc government against the other seems
to me both unfortunate and dangerous and Win
view OF having the whole question promptly decided
by our highest legal tribunal. have deemed II de-
sirabe Tor tae public good to take this course-t0
place the engrossed copy OF the bill IN the Office OF
Inc Librarian OF this State. Within this onice the
bill win be SUBJECT to the Cnanceiior's order ana
II the Chancellor holds TO the opinion that the
paper Is proper one to DC considered 0y TINS Court
The Chancellor evidently does think so, as the ar
Qument yesterday testi1es, but the Governor init.
mates that ne deems u riaht to employ counsel TO
test the constitutionaty OF the interference here
Attempted Those who know the Chancellor are
well aware that he is categorical - an extreme IN
his judicial opinions, and very sensitive at every
cncroachment OF the Court OF Emors on what
he considers mis- domain. A remarkable probate
case TWO years ago, provoked y collision between
the Court OF Chancery and the Court OF Errors. the
Chancellor resisted the assumption that his deci-
siou could be reviewed by the tribunal OF Errors,
but the latter nevertheless overruled his judgment
In the ease and settled the question OF coordinate
raised Dy the Governor WIN como before the Court
OF Errors whether the Chancellor decides II 10 be
purely question Of equity or not