The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-10-27
COL, STBRLING'S FIGHT
Success He Has Attained
With the Junction Rail-
way Company.
PENNSY BEAT AT EVERY POINT.
Appeal to Be Taken to the Court OF
Errors and Appeals-A Great
Legal Battle.
BEAT AT EVERY POINT.

the attention or Judge Lipplncott ano a
struck jury for the past two weeks. aud
which was concluded Monday evening.
The case was that Of the National Docks
and New Jersey Junction Railway COM
pany against the Pennsylvania Railroad
Company, and since March 20, 1883, the
cause of dispute has been in the courts.
The verdict rendered by the jury Mon
day night by no means ends the case.
for the Pennsylvania Company will a
it to the Court of Errors and Appeals.
The trouble, which has cost thus far in
round numbers 81, 900. 900, was occasioned
by Colonel Charles Sterling, President OF
The junction Company. He had built
up the National Docks Storage Company
from q struggling. money losing concern
to a N oney making enterprise having q
CAPITOL of S.. 900 900. aud desiring to
tend the business still further he created
the idea of a railroad that would copnec
with every trunk line that rms In to this
county. He believed that q railroad
running from Weehawken to Black Tom
would be a necessary medium for the
distribution of a vast quantity OF Vest
ern freight.
Colonel Sterling made but few conf
dents, but went ahead and built his road.
He could not cross the tracks OF the
Pennsylvania Railroad at the time and
SO did the next best thing He leased
the road to the Pennsylvania Company
and gave It an option If it desired to
purchase.
FIRST sTEP IN THE FIGHT.
At the expiration of the Lease the
Pennsylvania people made no overtures
to purchase, but we're willing to renew
the lease. This Colonel Sterling would
not consent to. and he immediately there
after began measures which developed
into the great railroad law suit. On
March 90, 1889. through his lawyers, John
R. Emo y of Newark, Collins & Corbin.
Dickinson, Thompson and McMasters,
and the present Vice Chancellor. Pltney,
application was made to Judge Knapp
for the appointment of a com
mission to condemn a right of way
across the Pennsylvania tracks. That
great corporation then realized
what an enormous opposition 1t would
law If the road was completed and it
began a vigorous fight TO prevent 1t. The
application Of the Junction Company was
made r%eturnable April Is. n on hat
date Judge Knapp appointed Marcus
Beach. Peter Henderson L John New
man, ex-Mayor of Bayonne, Commis>
| sioners of Condemnation.
b Pennsylvania Company made
strenuous objections to the appointment
of a commission and at its request the
| Court granted a writ of certiorari and
| stay of proceeding until the matter could
be reviewed by the Supreme Court. The
| principal objection made by the Penn
sylvauia Company was whether the
junction road nad a right to cross the
tracks of the Pennsylvania Company.
The case was argued in the branch of
the Supreme Court n Judge Ma9ee, in
! delivering the opinion. sustained the
claims made by the Pennsylvania Com
pany.
FUNCTIONS FIRST vTcToRY.
The lawyers for the junction Company
appealed to the Court Of Errors and
Appeals, and that body reversed the
decision OF the Supreme Court. Every
one In this city remembers the remark
able decision of this court. in which the
laymen outvoted tins, lawyers and by u
majority Of one decided In favor OF the
Junction road. The deciding vote was
cast by Judge Clements.
During this legal fight Peter Hender-
sou died and the Junction Company
applied to the Court to ill the vacancy
III the Commission of Condemnation,
The Judge reserved his decision because
appointment. Colonel Sterling aud
his lawyers were equal to this
emergency and they caused to be
enacted by the LIE gislature an act that
covered the matter. The bill was intro
duced on a Monday night, aud a. noon on
tu6 lOllUWlu& NOQu0oQdy tAo OOVCIuOE
signed 1t. Under the right given by this
law Judge Knapp appointed Richard G.
Washburn in the place OF Henderson on
May 10. 1891. The act OF the Judge did
not please the Pennsylvania Company
and oa May 20 it obtained a writ Of cer-
tiorarl from Judge Knapp, which acted
rs q stay until she Supreme Court, de-
cided the constitutioua1itv Of the act
under which Washburn was appointed
The June term of the Supreme Court at.
fIrmed the act of Judge Knapp in ap-
pointing Washburn and the Penn syf~
vania Company then appealed 10 the
Court of Errors, but in this court 1t was
beaten.
New tactics were then adopted by the
Pennsylvania lawyers, aud in March,
1892, the company hled q bill in the
Equity branch Of the United States Cir.
cult Court and obtained a restraining
order and a rule to how cause. claiming
that the questions that bad been raised
In the State courts were OF such a char
acter That Federal Jurisdiction was iu-
volved. When this case was argued the
junction people secured another victory,
for the complaint of the Pennsylvania
was dis missed. That company appealed
to the United States Supreme Court, but
there the judgment sustained that OF the
court below.
FIRST AWARD OF DAMAGES.
In October, 1892. the Commissioners of
Condemnation began taking testimony
with a view of learning how much dam
age the Pennsylvania Company would
sustain. These hearings lasted until
May, when the Pennsylvania Company
look exception to the line OF testimony
aud flied another bill in the United States
Supreme Court. The subject Yves argued
beforesJudge Acheson at Pittsburg, and
he dismissed the case. The Commission
then concluded its duties aud made what
It considered to be a proper award fol
damages TO the Pennsylvania COMPANY.
The award did not satisfy the company,
aud 1t made another attempt In the
courts. 1t appealed from the Judgment
of the Commission. aud askei that
struck jury in the Circuit Court should
assess the damages.
The Junction Company's lawyers had
anticipated such action. aud last spring
they caused an act to pass the Legislature
permitting the amending of an appeal
made By either SIDE to a lawsuit. Or
the strength Of this act the junction
people amended the appeal of the Penn
~sylvapia Company to such an extent that
it resulted in being a new plan. The
original plan had been to elevate the
Pennsylvania road bed at the Poiut oil
Rocks four and i've feet and 10 build
wal ed tunnel through 1t. The amended
plan makes the elevation of the track
but one aud one.half feet and provides
for an Rrched tannei.
THE LAST AWARD.
Az bnS haAYt mn l,Itohad n. sNtJr TEIcry