National Republican., 1883-07-04
RAILWAY DIFFICULTIES.

Tho Trouble Between the Pcnnsylvnnin
and Reading Roads-The Question OF tho
supcrintendency OF the New York and
Long Branch Line-Tho Elevated Roads.
NEW York, July IA decision has been
rendered by Chief Justice DAILY, of the court
of common pleas, in the suit Of the Metro
politan Elevated Railway company against
tho Manhattan Railway company and tho
New York Elevated Railway company and
others. The action was begun to set aside
the October agreement of 1881 A temporary
injunction was granted resvraining the carry
ing out of these agreements, and then mo-
tion was made TO have tho injunction per-
manent, Before this motion was decided tho
defendants moved that tho temporary in
junction should be vacated upon the giving
Of bond sufficient to indemnify the plaintiff
against any loss which they might sustain in
case the injunction was vacated. Chief JUS
tice DAILY decided in favor of this motion, and
said that bond should be given. The
amount of this bond was fixed by the court at
S196,000. In his opinion, he says, when the
indemnity contemplated by the statute is
given IL puts an end alike TO the injunction
ad interim, aud to the motion to continue it.
TRENTON, N. j., July 3.-The matter of the
superintendency Of the New York and Long
Branch railway was argued before Judge
Nixon to-day. Edward Il. Green first read
the petition of the Pennsylvania railway,
complainant, charging that tho New Jersey
Central had violated the agreement made be-
tween the Pennsylvania and the New Jersey
Central companies when the latter absorbed
the New York and Long Branch division in
January, 1882 that President Henry S. Little
had neglected to repair certain unsafe bridges
on the division after due notice; that Super
intendent James f. Randolph had in conse-
qucnce resigned his position; and praying that
President Little be adjudged in contempt of
court, and that the court designate some suit
able person as superintendent of the Long
Branch division. Mr.. Green read number
of atidavits of Pennsylvania railroad officials
in support of tho petition. Mr.. Kaerchaer
read the answer of the defense. 1t denied
every allegation of the plaintiffs petition
and denied that there was any scheme to con-
trovert the order OF the court OF any him
drance to the full and free use of the Long
Branch road by the plaintiffs. After the an
swer of the Now Jersey Central road had been
read, Mr.. MacVeagh for the Pennsylvania
road said that the contents Of the answer put
q new phase on the case. He referred to the
letter of President Little of June 30 to James
Moore, engineer of the New Jersey Central
road, placing him in charge of the
alleged unsafe bridges, and directing him to
put them in first class condition, no matter
whether he believed they needed repairs or
not. The date of this letter was the day after
the Pennsylvania road had made its appli-
cation for the appointment of superintendent.
There were two questions involved, one of
which was the appointment of successor to
Superintendent Randolph and the other and
by far the most important, the repairs of
bridges over which so many persons would
be carried for tho next thirty days, The
seconds question, Mr.. MacVeagh said,
seemed to be settled by President Littles
letter, which was written exactly in the
spirit of the complainants demand. Mr. Mac
Veagh then said he believed it was duo to the
court and his client that the bill of complaint
should be continued until he was ablo to dis
cover whether there was any ground for COM
plaint Judge Nixon replied that he did not
see that any ground for complaint remained
He suggested that tho whole case be dismissed.
Mr.. MacVeagh insisted on continuance until
the bridges were repaired.
Mr.. Gowen 0ocularly). "our friends then will
not put Mr.. Little In jail"
Mr.. Green disclaimod any idea of pushing
matters to such an extreme.
The application of the Pennsylvania road
for appointment of a superintendent was
finally withdrawn.
TRENTON, N. j., July 3.--Many railroad
men and others interested in the pending war
between the Pennsylvania and Reading roads
were present in tho United States circuit
court ut IL o'clock this morning, when the
discussion was resumed on President Gowen's
motion for the appointment of an examiner
to take evidence previous to the hearing in
the Dinsmore rule to show cause why tho
lease Of the New Jersey Central road to the
Philadelphia and Reading company should
not be dissolved. The rule is returnable next
Monday. The counsel with President Gowen
were ex-Chancellor williamson President
Little, of the New Jersey Central, A. G.
Richey, of this city, and George II. Kaerchaer,
of Pennsylvania for tho complainant Dins-
more appeared Wayne MacVeagh, Of Phila-
delphia, and Edward t. Green and Barker
Gummere, of this city. Judge Nixon presided.
The motion was argued at length, and at the
conclusion of the argument the court took the
matter under advisement. Later in the day
it was partially agreed that the case should
not come up Monday, when the rule is return
able. In case Dinsmore meanwhile decides
to press it an extension of time will be al
lowed the defendants to urge their motion. for
appointment Of an examiner to take prelim-
nary testimony.