The New York herald., 1872-12-14
THE JERSEY RAILROAD WAR.
Mr.. Cuyler's Argument-Why the Mo
nopoly Should BE Encouraged.


The proceedings in the great railroad injunction
case which engrossed the attention Of the Chan
ceors Court for the last two weeks, at Trenton,
have at last been brought to close by Mr.. Guy
lers address on the part of the complainants yes
terday.
Mr.. Cuyler in opening his argument said that he
would endeavor to be concise IS possible, as the
principal points In the case had been ably DIS
cussed by men learned in the law that he would
not trespass on the time Of the Court to any ex-
tent. He thanked the Court for the dignity.
courtesy and patient attention that was shown
throughout the proceedings to tho counsel engaged
and said he knew he expressed the sentiments Of
his colleagues and opponents when he did So
He said that the Camden and Amboy Railroad
Company had held the respect and confidence OF
the people of New Jersey for the last forty years
that they had assisted materially in developing
the wealth, power ana resources Of the State
that they came here with the protection Of the
law and the DEGREES enforced by the Courts in
conjunction with the Pennsylvania Railroad Com
pany, whom he extolled for the great good they
had done the country in opening the vast lines Of
communication, as illustrated IN their extensive
routes OF travel, to claim their legal rights He in
sisted that the corporations he represented and
had Just spoken Of were no monOpoies; that they
had exclusive privileges which could not be
wrested from them, except by proper legislation.
After dwelling at length on this point he advered
to the decision in the Delaware Bay case and
1t be measured? What the Court decides was de-
terlnined by the decree OF the Court. The decree
is the technical legal method; the final Judgment
is the decree. He here read from the record OF the
Court in question, and further SAID that the solemn
decree OF the Court was the proper legal test, and
that according to that the Camden ana Amboy
Railroad Company are possessed Of the exclusive
right OF transportation of passengers and freight
the Clause in the Sct of e IN s
case cited construes that every cnarter so obtained
is exclusive against all but the State and those
w hn tfS nnt n,As ht,,f
said was not only necessary but proper, and was
doctrine OF reason and common sense. What
tha abec, 10 sne eT ss Wa
settled here, and that the citizens
have no rights as claimed here. He here cited the
Chief Justices opinion in full The right for a man
to build or construct railroad on his own land
should be obtained from the Legislature on some
statutory authority. The counsel here read from
statutory authority to sustain him on this point
and insisted that the franchises granted to the
1nted UNI companies pa were % exclusive and said that
the attempt to vitiate these franchises He argued
that the corporation he represented paid higher
rate OF taxation than One-haf the railroads in the
state, and cited authority to sustain him. After
most elaborate argument on this issue he pro-
TO certain OF the charters as set up
here, and first referred to the charter
and in that connection pointed out the LeSisatve
requirement which he said was enacted so as to
put the people on their guard, after which the
Stanhope charter was taken up by him. After 60
ing to great pains in minutely anayzing IL, and
censnring Hamilton, who was Its chief originator,
for the means he adopted in getting II passed, he
proceeded TO state that s162 800 was paid Hamilton,
not as subscription to the capital stock Of said
p0ration, but for the purpose Of procuring the
charter In question. He contcnded that he
had right to draw the worst inferences
from the acts OF Hamilton, and that the fact OF he
alleging that he was counsel for the defendants did
not excuse him from keeping his lips sealed when
put on the witness stand. He said further that it
was doctrine OF law that corporations should be
subject to the stricest Investigation at the hands
OF the Court He here commented on the charter
OF the Narrow Gauge Company. and said they did
not own mine or factory in the State. III this
illegal proceeding was not stopped they would
cover every inch OF the soil OF the State OF New
Jersey with railroad tracks. BY asking the Court
to grant their prayer they were only asking for
that simply which the law has guaranteed them
and that they were not attempting to abridge the
power OF the state TO hairs breadth. He here
adverted 70 the charge OF fraud which, he said
was proved by the evidence OF numerous witnesses
and said further, that IL stands proven and demon
strated that this notorious, wicked and awful fraud
had been perpetrated the Legislature and people
or the state Mr. Banghart he said who assisted
In preparing this fraud, received k.5. 900 for the
part he took In 1t. He paused TO ask the Court
what was proposed to be done about IL that the
people were wounded in a vital part and stabbed
10 the heart In conclusion, he again reit rated
that they had done as the law required and as the
act authorized by making such agreements as they
ala wnen the lease WAS effected which was simply
done oy the consent OF the twoshrfis OF the stock
holders which made the compact consummate aud
To the Court. and concluded by thanking the Vice
Chancellor q rtac