The New York herald., 1876-12-14
1HE FERRY QUESTION.
Suit Against the New England Trans
fer Company.
An INTERESTING LEGAL QUESTION.
Is a Coasting Vessel a Fer
ryboatp

tore Juige Shpman. Of the United States Circuit
Court Tho City OF New York against the New England
Transfer Company. The Transfer Company. u seems,
has been and is now running steamer from the Penn
syivania Railroad docks Jersey City 70 the railroad
docks a, Morrsana Transporting freight mails and
passengers from place 70 place. Tho city authorities
claim that Morrisana IS now within the corporate
limits OF the city OF New York the Transfer Company
should be provided with ferry license This the COM
pany denies and will not apply for one. The result -
shc suit by the city to restrain tho company from con-
tipung tho boat The Corporation Counsel is assisted
by george Tcknor Curtis and the counsel for the do
ftndants Messrs. Weeks and Forster. OF this city,
and Mr. Baldwin, OF Boston.
CASE.
Tho Maryland, tho steamer In question. 10 . large
.'doube .cndern and was used many years by the
Pennsylvania Railroad at Havre de Grace. She Ia .
sidcwhecl boat, of about 100 burden She not
adapted the carrying Of ordinary vehicles traffic.
but is arranged simply for the Of railroad
On tho deck railroad tracks laid down,
cupyng The entire space and extending from end to end
OF the boat These tracks are 30 constructed as 10
connect with corresponding tracks the railroad
docks Cars containing passengers and their baggage,
freight and mails upon the boat at the
place OF embarkation on the arrival OF trains at the
of either railroad, and run on from the
boat Al the place Decentralization for iurther
same may DO contained in railroad cars. In this
manner the Mary land has been employed since May.
1876 for transfer OF drawing room, sleeping and
ordinary passenger cars containing passengers and
baggage freight, express and mail cars containing bag
gage, freight express matter and mails from Mott
Haven on the north shore OF the Harlem River,
the Twcnty third ward OF tho city Of New York;
but formerly the town Of Morrsania in the county OF
wcs,chcstcr, TO Jersey City, n j. at the dock Of tho
Pennsylvania Railroad Company ana rice The
trips OF the Maryland dependent upon the arrival
OF trains connecting by railroad from places
north and east Of the city OF New York.
and arriving a, Mot, Haven, bound south
and southwest, and At Jersey City from
places south and southwest. No separate toll is
charged for passengers on the boat but II is oper.
atcd part OF continuous route for the transport
tation OF the Hatc OF the New York and New England
Railroad Company: the Hartford, Providence and FISH
kill Railroad Company; the Now York, New Haven
and Hartford Railroad Company; tho Pcnnsylvann
Railroad Company and their connecting roads
Through tickets these roads sod including the
transpo.tato by the Maryland, and New York city
entirely avoided In the trip. This was taken advan
tage OF during the duration Of the Centennial Exhib-
passed Ua this sy M ha. ~as The boat also 90
the United States mails under direct contract With
the Postmaster General
The Pennsylvania Railroad Company own and con.
troll tho dock and slip a. Jersey Clty, and the New
York, New Haven and Hartford Railroad Company
and control she dock and slip at Mott Haven
They purchased prior 10 the passage OF chapter
s1s Of the Laws OF New York 1873, up 30 which time
Mott Haven was part OF westcnestcr county The
authorities OF this city have taken any aotlos
establish ferry between the crmini OF the route
OF the steamer Maryland any other route
line with which the Mary land competes ptersreA
TIKI PLAINTIFFS srATxxkNT.
The municipal Corporation OF this city mako the fol-
lowing statement
That by law Il 10 vested with the exclusive right
Of esi.bishins operating and Keep
animals and goods by from aud 60 any part pi the
y sh s'f for 70 h1s ar Of
the defendants without tho license and permission q the
sailed ~ ns Sarsiana for and IN .Ss raSspoas Of
sa Ss ss sss ssis. a
q Mo said e and In as ny ss.s y T.s -s
regular periodical Of the said for hire
psrmission of tbs pla,n,ifa
raH pnrxypAxrs' srArxxxsr.
The defendants deny tho right o .hc corpora sn 20
absolutely control tho ferries. aud that under
the provisions OF the Montgomery charter, granted ~
Hs snlc Mayo %:
of tho SAID city OF New York and thcr tor
ever, that the Common Council Of tho said city should
settle, appoint, establish, order direct Such and 50
many ferries round Manhattan IsanJ Tor tho carrying
and transporting people, horses cattle goods aud chat
tells IRON the said Island OF Manhattan 70 Nassau
Island and from thence back TO Manhattan, and
also from the Island Of Manhattan Ia any
such and many places the SAID Common Council
should think A. and that said plaintiffs have
xTcdtcf WuatcVer, y
or excIusIys and that said Common Council have
never taken any action nor have they any riEht or
an!hory 20 aSs scs,os 10 settle appon. rs.aoso
tho said steamer Maryland. neither IL tho sad route
Jerry route, nor subject OF ferry right or IRAN
chise.
without license they do not interfere IN any way with
the rights of the city, and then go on TO say
That this defendant, the New England Trsnser Conn.,
pany y esrpora,ian duly organir.d under tne law. o.
porting p"s.snses iqsh and the United state. mails
e y % IN Ss M % "saos ssy sp
10 pnr.asugs q tss l. esassa Of Vessels 10 domestic
Tho giving ., proper q bond and sh' taxing q ,ns
oath on the pas' p, .n % "a. ss~ & nns.
ss' he hanS aa .SPs
STATE Of connertcut called Mary
ms s" TO s s a M Day s ss %
under and by virtue o sad SAID steamer has bee.
md United states mali. their dock sssssrly
Island but on the maniandin formerly SHOWN
he he s s.sss
River the bay OF Now York. through tho said bay shs
s s
aa 'sss any
.lss ssy s:' ss,ss o.s 'ss ss'i sS
vested sn amy fsy rrh. IN Horr.sss from Which
place hs ',eamsr i no. engaged T. Tunnns is,ry
and carrying sSs United States al. Ssswoss the sssss q
Aaa isi iasc1 and sspsrs;. this asnd.n.
allie that railroads have connected
respective roads and with each other
lines for the alton the place of
destination OF passengers troops. government suppites
mails ireVts aud property on their way from the states
OF Massachusetts, Co and New York respectively
New Jersey and Pennsyivsnia and
the Jarscy and PennsyivAnta respect
ivey 70 the several ~ Ncw Connecticut and
Massachusetts That his defendant h and At all tho timcs
complaint mentioned using said boes the
Maryland carry troops suppIics
mails and property their from and 10 said
several states Aforesaid aud otherwse and that
said ~ said boat the Maryland authorised by Ant
under and pursuance Of. 5255 OF Revised
Statutes NJ the United States
The case was nrst brought up In the State courts,
but transferred to the United Stnos Crcnit Court
the plea that tho defendant foreign corpora
tion being organized under the laws OF Connsettcul