The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-08-30
A GREAT suit ENDED.
The Junction Railroad Wins
Its Case Against the
Pennsylvania.
WHAT IT MEANS TO THIS CITY.
The Point of Rocks Crossing May
Now be Made-Its Effect on
Commerce.

The greatest legal fight that Jersey City
has seen in many day has just been
brought to a close by a decision rendered
by Justice Gray, sitting in Boston. The
contest is that between the junction
Railroad and the Pennsylvania Company
over the right Of crossing at the Point of
Rocks. The final decision is in favor Of
the junction road, and the company will
now proceed with the extension of its
lines to tidewater, providing Jersey City
with belt line such as confers so many
advantages on the railways of Chicago.
The case has been in the courts since
the early part of 1889. and it has been
was apropos of an application for writ
of error made to Justice Harland by the
Pennsylvania Railroad Company to
secure a review of all the pre-
vious proceedings in the courts
Justice Gray because Justice Harland
lately went TO Europe. In his decision
refusing to grant the writ, Judge Gray
speaks of the proceedings as instituted
purely for purposes OF delay. The argu-
ment was held last Wednesday, and the
decision was rendered yesterday.
NO MORE LEGAL INSTRUCTIONS.
It Is believed that the resources of the
courts are now exhausted and that at
least for the present the PENNSYLVANIA
Railway will offer no more legal obstruc-
tions. On September the Condemnation
Commissioners will commence the work
of ascertatning the damages which the
junction road must pay to the Pennsyl-
vania road for the right of way. The
crossing is just this side of the Point of
Pocks. 1t runs under the Pennsylvania
yards and tracks. 1t obstructs or inter
feres with their lines or premises i'll no
way or manner. The Pennsylvania, it is
said, originally consented to the crossing,
and has constructed an iron span at the
proposed point under which the Junction
road will pass without any changes of
construction whatever.
BY securing this right of way, the
junction Company hopes to realize at
once Its entire project of connecting all
the roads reaching tidewater in this
county with each other and with the
warehouses and the piers of the company
on New York Bay. 1t is believed that 1t
will open up the entire tract of meadow
land down to the Hackensack, by bring
ing coal and raw materials to the doors
OF factories located there and enabling
the trunk lines to send cars into the
very workshops 20 be there laden with
~ ni5uuAaotureo Drou uc1S Ior every parG OF
the country. The projectors say that in
this way the read will give Jersey City
the most tremendous manufacturing
boom it has ever known.
REVOLUTIONIZES THE LIGHTERAGE SYSTEM,
Besides, the entire terminal and lighter
age system uf the port Of New York will
be revolutionized. Instead of transfer
ring freight to lighters, sending cars to
New York or floats and the like it is ey-
expected that the railways will run their
cars right down on the piers along the
Bay Shore and that all the great freight
steamers will repair thither for their
lading.
The lawsuits have been in progress
since February, 1889, when Judge Knapp
granted to the Pennsylvania Railway
writ of certiorari to review the appoint
ment of the Cendemnation Commission.
ers. This was argued before the Branch
OF the Supreme Court at the June term
and decision was rendered against the
junction Company, Justice MCGEE writ
ing the decision. An appeal was at once
taken to the Court of Errors. and there
the decision was reversed and the valid
ity of the Commission upheld.
Pending this suit, Peter Henderson,
one of the Commissioners, died. Under
an act OF the Legislature covering such
cases, Judge Knapp appointed r. c.
Washburn in his place. Another writ of
CorGlOEArl WAS SueQ OUT on Gn0 ground
of the unconstitutionality of the act, and
this contest was carried through every
court in the state. every decision being in
favor of the junction Company.
Then the Pennsylvania Road filed bill
in equity in the United States Circuit
Court at Trenton, praying for an injunc-
tion to restrain the Junction road from
making the crossing. Tnis was argued
before Judge Acheson in Philadelphia
last April, and he filed his opinion in
July, denying the injunction. Then
came the application just denied In Bos-
ton.
The counsel for the junction Company
throughout the litigation were John 4.
Emery of Newark, Collins & Corbin and
Dickinson, Thompson & McMaster. The
Pennsylvania was represented by ex-
Governor Bedle, Vredenburg & Garrett
SON and Samuel Gray of Camden