The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-09-28
JUNCTION VS.. PHuNSY.
Argument on the Formers
Motion to Be Allowed
to Amend.
LEGISLATIVE ACT NOT RETROACTIVE:
functions Lawyers Make a Strong
Plea for Favorable Decision,
Pennsy Having the Right
Of Appeal.

Of Appeal.
An array of lawyers representing the
best legal talent in this State was before
Judge Lippincott yesterday to argue for
and against the application of the Ma
tioual Dock and New Jersey Junction
aud Connecting Railway Company for
permission TO amend the issue on appeal
in.the matter of the award of the commits
siouers appointed to condemn lands owned
by the Pennsylvania Railroad Company.
Tine j junction road was represented by
John r. Emory of Newark. Collins &
Corbiu, aud Dickinson. Thompson g.
McMasters. and the Psnnsy's intere It's
were looked out for by Ex-Governor
Bedle aud Vreedenbur9h & Garretson.
The Pennsylvania Company declare d
itself to be dissatisfied with The damages
the commissioned awarded it, when 1t
condemned a right Of way for an under
grade crossing of its tracks at the
Point Of Rocks where the large
round house is located and
reached by more than O score Of tracks.
This award was not reached until after
litigation in the State ana Federal Courts
shat lasted from 1889 until about six
months ago. The last opposition made by
the.Pennsylvania Company was that the
amount of the award was not
adequate damages for the property
taken. and the company appealed TO the
Supreme Court from this award. Duriug
the last Legislature an act was passed and
became a law permitting either party to
an appeal to amend the appeal aud file
additional plans. Ii under this law she
| r, N,H, ra~-~I -N =
would ask the leave of The Court
to amend the appeal n to file
other plans. The Court set down yes
terday for the time for hearing the
argument.
THE ADDITIONAL PLANS
The additional plans wntcn tue Junc>
ton Company desire TO nave adopted con-
sist of building an arched tunnel across
the road bed of the PENNSYLVANIA road,
aud it is claimed that By so doing the
tracks of the Junction road, owing 10
that compauy's having had Railroad ave.
nue. vacated at this point, mag be SO de-
pressed that the Pennsylvania Company
will be required to elevate it's road bed
and tracks but l foot 81 inches instead
of five or six feet, under the original
plan. The first plan was to build q
walled tunnel, so arranged That
heavy bridges could be thrown over
il. Under the new plan these
/ Okiukcb NOulu AO OS AcCCSShIy. IL
would seem to the ordinary person that
the ADVANTAGES to the Pennsylvania road
by the amended plan would be SO much
better than those or the original plan
that the Pennsylvania Company would
glaulY accept the substitute, but this is
not so. The Pennsylvania will oppose the
change to Inc bitter II
THE POINTS OF OPPOSITION.
IN stating their reasons for opposing
the motion to amend the appeal SO as to
allow the junction Company to adopt uhe
arched roadway, Msssrs. Bedle aud Vrse-
%denDurgh confined themselves principally
to two points.
First, that the vested rights of trial By
| Commissioners of Condemnation would
he taken from the company. for the pro-,
posed change would make the crossing
different from that fer which the Com
mlssioners originally condemned the
right of way.
the power TO grant the proposed amend
menr; that the proceedings in the case
were Deuding when ths acc of the Legis-
lature Of 1873 Became law q that such
act was not retroactive aud did not apply
To pending cases.
This second point the junction Com.
pany's lawyers considered the most i'm
portant and serious ind they argued
hard and strong against the proposition
OF ex-Governor Bedle to ave the matter
certified to the supreme Cour for u de-
cision. The counsel for the Junction
road claimed that such action was en-
tirely unnecessary, for the same result
could Le 1eached by an appeal from
Judge Llppincott's decision should it be
in favor OF The junction Company.
H PENNSY'S FAULT.
Counsellor Emory held tnat as far
back as 1870 the junction Company OBJ
tanned control OF u right of way for It's
oht and FiAf ~-Ho- 80
it learned that the Pennsylvania
company proposed to raise its road bed
it filed with that company a survey
which set forth that the junction road
would cross the Pennsylvania
road at a certain elevation 1t Was tue
fault of the Pennsylvania Company that
the road bed mad not been sufn GENTLY
elevated to permit the Junction road to
cross ut the elevation desired. The
Pennsylvania Company claimed that to
meet the demands OF the juno
ton Company would ne equivalent
to 1mpairlng its franchise.
The general railroad law provides that
where one railroad crosses another and
the Court or Errors and Appeals has so
held thaG 1t shall cross in sucn Il manner
that no more damage snail be done than
is necessary. and Counsellor e nory
claimed that the amendment provided
for the most reasonable plan for doing
LIE. III ldCu ~ was Luo Olly Dian IOc
meeting this Interpretation Of the law.
BY continuing the original plan, COUNSEL
claimed. the P%eunsylvanIa Company
waited his clients to adopt the
most unreasonable way for
crossing. Counsellor Emory cou-
cluded his argument by insisting.
that the act of 1898 applied 10 this case.
and that the Court mad under it the
power to admit the amendment aud
pIans. That ii the Court concludes that
1t has the power, and does admit the
amendment, she Pennsylvania Company
II dissatisfied. had its remedy by au APP
peal. Coanse laid great stress upon the
Eact that q decision against the amend
ment would be fatal to the junction road
for the applicant had no appeal iuas-
much as the power conferred on the
Court was purely discretionary such as
IL would De Ia an application for a writ
of certioIari.
ANOTHER STRONG PLEA.
EX-Mayor Collins followed Counsel or
Emory aud he too devoted much time in
the endeavor to impress the Court with
the knowledge that an adverse decision
Ill regard TO the proposed amendment
would be a death blow ITO the Junction
Company,s plans. aud that 1t could take
no appeal bur that the Pennsylvania
Company was protected by che right OF
ANIMAL NV M.lsor y t;.r 1900