The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-29
PENNSY'S Fight
Renewed in Newark Today
Before Vice Chancellor
Van Fleet.
VREDENBURG'S ARGUMENT.
He Presents the Facts ln the Case
-Ex-Goyernor Bedle Cites
the Law.

The lorg drawn out fight between the
Pennsylvania Railroad Company and
National Docks ana New jersey junction
Connecting Railroads Company took
another phase two days ago when the
Peunsylvania people moved to take the
case OF the ipjunction out of the Court OF
Chancery to the Federal Court. ArRu-
ment on that motion was begun on Mon
day last in Jersey City, but the indis po-
sition OF Ex-Governor Bedle caused an
adjournment until this morning. When
Vice Chancellor Van Fleet sitting in
Newark Chancery Chambers resumed the
hearing.
There were present Counsellor James
B. Vredenburg aud Ex-Governor Bedle
for the Pennsylvan:a Company and
Counsellors Charles L. Corbin. Charles
D. Thompson and j. r. Emory for the
National Docks Company.
Counsellor Emory, for tbs National
DOCKS Company, took up the best part of
the first hour by citing long line of
cases TO the effect tnat the Federal Court
has 10 Jurisdiction until the remedy In
the State Court has been exhausted. Hs
showed that when cases wers removed
to that Federal tribunal the very first
thing the judges inquired into was the
cause Of removal. and IL there be any
doubt as to the jurisdiction OF the Fed
eral Court they removed the suit to the
State Court below.
- PENNsY's ARGUMENT.
After this very tedious proceeding
Counsellor James B. Vredenburg began
his reply for the Pennsylvania Company.
n q n walt an ha fao ofa pf bo
injunction proceedings with view OF
showing that the United Railroads are
not necessary party OF the bill. Hs
analyzed the situation between the rival
companies al length. The prayer OF the
petitioners. he said. Is to relieve them
from an apprehended injury. Tne only
evidence in their bill is that the orators
claim possible danger of cars falling in
on their easement.
1.-The prayer goes further than that,
Counsellor" interposed the Vice Chan-
cellor. 1T seeks to restrain from inter-
fering with the building aud operating
Of their road. 1t is a perpetuity."
Mr.. Vredenburg, continuing, said that
the main question is: VINO is interfering
with their easement aud what is the
nature of that interference? With the
aid Of profies and maps counsel pointed
out the nature OF che work built by the
National Docks Company. and said that
the latter company could build their
tunnel without any danger from the
overhead tracks. "A fair inference from
the bill is that if there were no cars or
the tracks there would be no danger o.
the rails falling in on the excavations oi
the orators.u Counsel then went into
ths lease OF the land now possessed by
the P. r. r. "All the franchises. and In
| fact everything, remains in the hands of
the P. r. r. Company, and the onl,
thing remaining to the United Raitro adj
| is the right TO die" he SAID.
| From the covenants of the lease, coun.
sci insisted that the Pennsylvania Com.
| p my owns everything ana the orators
nothing. They merely exist, and canno
| claim to be party TO prevent remova
| of the litigation TO a Federal Court.
| THE FACTS. NOT THE Law.
''I have only given Your Honor ths
| facts. and not the law" Then pointing
| to Governor Bedle, he said that from h In
| would come the law on the question
| adding amid much laughter. I'll I keel
| COW, ought not to be required to fur
| nish milk"
| Up to the time of adjonrning for lunch
| con. Mr.. Vredenburg had NOT flushed hi
argument. When the Court resumes
| TINS afternoon. ex Governor Bedle oegar
to furnish the milk" or the law bearing
| on the question of removing the iLiga
| tion to the Federal Court.