The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1885-10-04
NEARLY READY Fon ARGUMENT.
Some New Points About the Great Central
r. II. Tax Suits.

The return of all the attorneys in the
great Central Railroad certorari suit to
active labor has given the case fresh i'm
petus, and there is an evident uneasiness
lest the case will not be ready for argument
on November 3d-the day set down for it.
The word has gone forth that the case must
be ready then, and unless there is change
IN the programme the State may prejudice
its case by rushing precipitately into court
case in which it may be said millions are
involved-which, if q month more were
allowed for its preparation, could be com
pleted in all its parts and in such shape as
probably to prove winning card for the
Commonwealth. The Governor is said TO
be anxious to have the arguments made in
November, as is also the Attorney-Ge General
On the other hand Judge Hoffman (who
has worked hard and earnestly ever since
the beginning of the suit says it would be
suicidal to press the case for argument on
November Sd, unless it is thoroughly in
shape to present to the court, when a month
or six weeks longer would accomplish that
result. "For," says the Judge, "this case
has been prepared in few months where
it has taken years for the preparation of
suits of less proportion in the past" While
Harrison, the States expert, is said to have
called upon the Governor insisting that
there be no undue haste in the matter, as
he considers it a matter in which b pro-
fesslon as an engineer is at stake. That
Mr.. Harrison has worked seduously cannot
be gainsaid, and there is probably not a
man in the State who is so thoroughly
wrapt up in the subject as himself. Mr..
Harrison'g desires should certainly re-
eeive the most earnest consideration
of all the State officials. especially
when it is remembered that the Illness of
his late partner, Mr.. Sites, has made it in
ton to almost every particle of detail
connected with all the railroad suits.
Since the taking of testimony has been
resumed, Mr.. Harris, the expert on the
part of the railroad company as to how to
value railroad property, has been cross ex-
amined. Judge Hoffman had prepared an
elaborate cross examination, ard one
which would no doubt have proved very
effective with less shrewd and dextrous
witness than Mr.. Harris has certainly
proved himself to be. Judge Hoffman
fred question upon question at him as to
how he would value a raih DAD based on
earning capacity under a law which says
50 and so-quoting section after section of
tho law of 1884, and twisting the law in
every conceivable shape-but Mr.. Harris
simply replied 'sIf / was employed to value |
railroad by obtaining, separately, the value
of all the component parts, if / accepted |
the commission, should value it as 1 was
directed" or 81 would not presume to in |
terpret the law" or s.f would consult |
counsel as to the Interpretation of the |
law" but he persisted that the only prop |
er way to value railroad. in his judgment,
was by its earning capacity, although he |
would not denie that there may be some |
other method.
There was q smile spread over the faces |
of the lawyers and witnesses present as the |
Judge put the question in a deliberate |
tone of voice:
'sThen you set your opinion against the
sovereign State of New Jersey as expressed |
by its Legislature
By the time the question was completed |
the nile had assumed the proportions OF
an outburst of applause, and with the most
benign expression on his countenance, the
witness answered,
''If the sovereign State of New Jersey
says that any other method than the one /
have named is the correct method OF ar
irving at the value of a railsoad, | most |
certainly do"
Mr.. H. K Nichols, the Chief Engineer
of the Philadelphia and Reading Railroad |
was also put under the fire of rigid cross
examination, which he did not bear up |
under quite so glaciously as Mr.. Harrison. |
Probably the most important reply for the |
States case, in all his cross examination, |
was his last. Asked how he would estimate |
the damage, In dollars and cents, to rail |
road company's property in case of riot |
such as the railroad riots of 1877, he replied: |
sc For just what could replace it for"
Judge Hoffman has called upon the Gen. |
trail to produce its books and papers show |
ing the actual cost of engineering, agen-
cies, etc., in the location and construction |
of the road.
the State has also, within the past week, |
sworn several witnesses with reference to |
the prices paid by the Lebigh and Hudson |
River and Easton and Amboy Railroad |
Companies for sections of their rights of |
way. By this testimony the average cost |
of the right of way of the first named road
through Warren County was 387 times
the value of adjacent lands. The Easton
and Amboy paid in Somerset County 365,
and in Hunterdon County 81 times the
value of adjacent lands for its right of way.
Judge Hoffman is busy on his brief, and
has employed additional counsel to take
the testimony.