New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-19
COMMON CARRIERS DUTIES.
THE ACTION AGAINST THE RAILROADS

! THE ACTION AGAINST THE RAILROADS
MOTION TO QUAsH THE APPLICATION OF THE
| ArTORNEY-GESERAL FOR A MANDAMUs-ARGU-
| MENTs OF Ex-JUDGE sHIPMAN AND NIX. JAMES.
The argument in the mandamus proceedings to
! compel the New-York Central and Hudson River
| and the New-York, Lake Erie and Western Railway
Companies to perform their duties as common
carriers in delivering and forwarding with all rea-
| sOnab.e dispatch the freight received by and Of
fered to Them was begun yesterday in the Supreme
Court. Chambers, before Justice Haight. The Judge
took his seat the bench about IL o'clock, and sf-
ter attending to unimportant ex-parte busi-
hess called the of the people against the al
legged delinquent railway companies. Tho court
room was far too small to hold all the people who
had been attracted there either by the character
and Importance Of the proceedings against the rail-
way companies the number and eminence of the
counsel who were known to be engaged in the case.
However, by a system of packing the sheep upon
chairs on the right and the goats on their legs
on the left, q sufficient number were
got into the room 10 make il I'M
possible FOR any considerable amount of fresh air
to get in, or for anyone, whose anticlpations Of
pleasure or instruction were not realized, to get
out The only eminent counsel present were those
who were to take part in the argument; the strik-
ing freight-handlers who supposed 20 have in
directly much interest in the result of the pro-
ceedings as tie merchantsor companies themselves,
were apparently unrepresented. Roscoe Conkliny
appeared in behalf of the New-York Central and
Hudson River Company, and ex-Judge William K.
Shpman for the New-York, Lake Erie aud Western
Company Attorney-General Russell. L. l.. James
and Simon Stornc represented the people in the
case.
The argument was opened by Mr.. Sterne who
said that he would first make statement of tho
acts con tained in the papers upon which the pro-
ceedings were based. Before he could begin his
statement, Mr.. Ccnkling rose and said with great
ol emnty that he had a preliminary objection on
the face of the papers TO make which went to tho
root of the whole matter. lie did propose to in
terfere with the reading of the papers the other
side. He only wished to his rights,
and would therefore not at present state
what his objection was When the papers
had been read By the learned counsel, he would
then move to dismiss the proceedings being
tlrely without foundation. Mr.. Stene objected
that Mr. CoDklings notice of his intention to make
objection grounds appearing on the face Of tho
papers was entirely unfair. If the objcc was
in the nature of q demurrer account Of the in
sufficiency of the papers, then he had no fault to
find but if the objection was on account Of nero
rre gularities in the papers, he thought that no
ought to be informed what they were before h.
put to the labor of reading them Justice Hight
told Mr. Sterne to go and present his case.
Mr. Sternc then said that instead of reading the
papers at length, he woud, with the permission Of
the court and the counsel on the other side, simply
make a concise statement of the substance Of 9nat
they contained. The court and Mr.. Conkling sig
nifCd their consent to Mr. Sternes proposal, who
again began 10 present the TO the court but DO
fore he had finished the first scntence the Attorney
General Oh his feet. and, apparently forgetting
or not having beard what had just taken place, said
that il Mr.. Conkling intended to object, ho
ought to do it ut and TO
state his reasons for his action Mr. Conkling said
that he was willing to state his objection. except
that he desired preserve some regularity in tho
proceedings
TRYING TO PROCEED WITH Ills STATEMENT.
Justice Haight again told Mr.. Sterne TO go
with his statement of facts. Mr. Steme then began
once more He referred to the laws of the State Of
New-YOrk under which q railway comp ny forming
a link in the present chain of the NewYork Central
Company had been Incorporated, Mr.. Conkling
was on bis feet at once, and he insisted that
Mr.. StcrDe should confne himself to tie
statement of facts in the moving papers,
aud leave the comments upon them to o
future stage ill the argument Mr. Stcme insisted
that law was fact of which the court would take
judicial nolce without its being put into the papers,
tanned He was about to argue this point further,
when Mr. Conklmg said that the court ought not 10
allow the counsel to embark in a long dispute over
SO trihing matter. Mr. SterDe replied that he felt
obliged to say that Mr.. Conkings objection, coming
as il did from learned gentleman, WAS triling.
Justice Haight suggested timidy that Mr. Sterne
had better 90 on with hls proposed statement OF
facts, which lie then did.
The railway companies he said, were common
carriers and subject TO all the duties and obliga-
Il l.xk nann
about June is, 1882, they had substantially re-
fused to discharge their duties, and had TO large
degree suspended the exercise OF their franchises by
refusing to take and transport The outgoing and to
deliver the incoming freight Of merchants dong
business in New York, whereby, great os9 and DAM
age had accrued to the people Of the State. TOR
which there was no adequate remedy except by q
writ of mandamus The companies had re-
fused 10 perfor their duties SIMPLY because
certain persons had refused to continue 20 work for
them unless they were paid three cents aD hour
than they had been receiving. Sleh an adj
damage to the business interests of New ork by the
block in the transportation of freight,
tins sum was utterly Insignificant Not only
had many merchants lost large sums or
mouey by the DESTRUCTION OF perlShable
goods, but almost iucalcuablc amount of
damages had accrued to the City of New-lork by
the diversion from 1t TO other cities of trade and
commerce. Alfred N. Coffin had decla ed IN an atfi-
davit tnat since June rs MS business or importing
beans and distributing thcin throughout tue west
had been entirely destroyed. W. a. Geiatiy, OF the
tlrn OF ". ii. SClncuVlIn ~ 70, HldHul"ctuIcEs
anu dealers in drugs and che .IcIls, had
averred that his hrm had been greatly
embarrassed in the regular conduct OF
It's business Tho sales by their agents IA She Vest
ern states bad fallen on, and in many nsahc,s
orders already given mad been counteinanded in
his opinion the entire trade drugs OF The CIV of
New-Yurk had been seriously inIurcU by the neglect
OF tnc companies TO perform their du les carrers
L. B. Ihuruer ana }. E. Nichols had made similar
aiiuayIts IN regard 10 the effect upon their Dusi-
ness OF he freight block. James n. seymour
the president of The Newly Ork Mercantile Exchange,
had sworn that the neglect of their Gu,lcS by the
companies hau had disastrous effect upou the
butter aud cheese trade III titus city. Inc cheese
dealt in was Tor the most parI maze IN TINS STATE