New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-04
RAILROAD INTELLIGENCE.
THE ATTACK ON JERSEY CENTRAL.

| TIE ON JthSE1 ZEN hALs
COURT CONTEST OVER MR. prNsMoREs COM
| PLAIST-THE PENNsYLvANrA's COMPLAINT DIS
| MISSED
TRENTON, n. j., July 3.--Many railroad
men and others interested In the pending between
the Pennsylvania and Reading railroads present in
the United States Circuit Court this morning when the
discussion resumed President Covers motion
for the appointment OF examiner to take evidence
previous to the hearing 10 the Dinsmore rule to show
why the of New-Jersey Central road to
the Philadelphia and Reading Company should not be
dissolved The rule Is returnabe next Monday. The
counsel with President Gowen were exChaneear Will
ismson President Little Of the NewJersey Cenbral A
G. Richey, OF this city, and George Il. Kaercher, OF
Pennsylvania For the complainant. Dlnsmore, there
appeared Wayne Mayea III Of Philadelphia and Edward
I. Green and Barker GUNNER, of this city. Judge
Nixon presided
Mr. Gummere, speaking on the pending motion,
said it unprecedented, and quoted law cases t o
substantate his position His grounds of objection 10
the motion that replication had bot been filed by
the defendants previous to which they could not nst
tute requisiton bring the plaintiff into court, and
secondly the general practice of the courts
President Gowen. in reply, said Mr.. Gummeres argu
ment when boiled down that the plaintiff could
keep out of He have the benefit OF all the In
jury II the defendant I'LL such time the defendant
brings In his answer, no matter how unjust the junc
ton may be- Suppose the defendant can prove by
Dinsmore two three things that would throw
his bill out of court, should not the defendant have
the chance to do sol The cited by the opposite
counsel, Mr. Gowen contended. did not bear on the mo-
tlon at all. Suppose when hearing the
bi OF complaint shall be hustled OF COURT Shall
incalcuable injury be done to the defendant in the
meantime 7 The facts all on one SIDE they should
be given tue other side II the Court prefers not TO
appoint examiner, then let the witnesses want be
brought into court and there examined
The allegation OF the defence is that the bill OF
plant cousve that 1t is filed in the interest Of
the plaintiff, or II so, wthout We propose to
show this by an examination OF certain Pennsylvania
to examination should be sufficient to refuse
the preliminary one.
At tine conclusion of the argum the Court reserved
its decision motion 1t partially agreed that
the should not up Monday when the rule Is
press it. extension OF time will b. allowed the de
PENDANTS TO urg their motion for the appointment OF an
examiner TO take preliminary testimony.
THE LONG BRANCH ROAD.
The mat of the superinlendency OF the New-York
and Long Branch Railroad also argued before Judge
Nixon. Edward T Green 1rst read tue petition Of the
Pennsylvania Railroad Company, the complainant,
charging that the NewJersey Central had violated the
agreement made between the Pennsylvania and tie Ne W.
Jersey Central companies when the latter abs 0bed the
New-YOrk and Long Branch division, I'D Jan.
uary, 1892; that President Henry s. Little bbd oeg-
ectcd repair certain unsafe bridges the dvison
notice. that superintendent James F. Randolph
had IN consequence resgne his position aud prayiDR
President Little be adudged in contempt o court
and tnat the COuri designate suitable person az
Of Long Branch division Mt Green
read xnumbrr affiiayIs Of Pennsylvania railroad
officials IN SUPPORT OF the petition.
Mr., kaccner read the answer OF the de1cnce Y oehcu
every allegation OF the plaintiff petition anq denied
scieme ccntroyet the ordfr OF the
Court hndrance the full and Tree use OF The
Long Branch road by the plaintiffs.
Afer the answer OF tae New-Jersey Central rpad had
been read Mr. MacVeagh, for the Pennsy wanna road.
said that the contents OF the answer put new phase on
case referred the letter OF President Little OF
June 90 10 James Moore engineer OF tue NeTJtrsey
Central road placing MIN In charge OF tue I'M
safe oridgea directing MIN 10 put theui IN nrstcass
condition matter whether he believed they heeaeo
repairs or date OF the letter was the 0ay ater
tue road had made its application Tor the
appoin Of superintendent There were Two ques-
lions involved, OF which the appointment OF
sucressor 70 Randolph and the other and
by mpor ant, the repairs OF bridges over
which so many persOus would be- carried Tor the rex
| talrty DAYS The second QUESTION, Mr. MscVeagh said
WIS written exactly In the spirit Of fbc compiainants
| demand SIR. MacVragn Then said 10 oeneveh " wa'
and MIA client that the bill OF complain
should continued until he able 70 discover wnelhe
| there any ground for complaint
| The COMPLAINT DISMISSED.
Judge Nixon replied that he did not see that AM
ground for complaint remained. He suggested that the
whole caae be Oh smissed Mr.. Macvesgh Insisted Oh
Mr. Go~en Ooculariyl-Odr friends, then, VIII not pu
| Mr.. Lutte In jsilf ., -. :,
Mr Green disclaimed idea OF pushing matters Il
! uch an extreme.
1ne application OF the Pennsylvania road for appoint
ment Of superintendent was hnaily withdraw w.