The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-06-18
LEGAL CHESS.
Another Decision in the Suit
Of the P. R. R. Against
the National Docks
Company.
REVIEW OF THE FAMOUS FIGHT
Six Years of Litigation to Prevent
Crossing Railroad Property
shrewd Legal Tactics.

Chancellor NIcGill sustaining the Penn
sylvania Railroad from interfering with
the National Docks road in laying tracks
under the Pennsylvania Railroads yards
at the Point of Rocks. This decision,
read by Justice Gummere, adds another
phase to a very complicated lawsuit be-
tween two wealthy corporations which
began six years ago, and is about as
near completion now as it was the day
it began.
The National Docks road, or to speak
by the card the National Docks and
New Jersey Junction Connecting Rail
way Company, in 1889 desired to extend
its road so as to connect with the june
tion road on to the West Shore road.
This meant that it would be necessary
to tunnel under the Pennsylvania yard
at what is known in Jersey City as the
Point of Rocks. The counsel of the
National Docks Company. Colonel Asa
Nv Dickinson and Mr.. Charles D.
Thompson. on March %. 1892. applied to
Justice Knapp for the appointment OF
commissioners to condemn the -Pennsyl-
yania Railroad Company's lands. The
Court appoined ex-Judge Marcus Beach,
John Newman and Peter Henderson, on
May of that year. The Pennsylvania
Railroad Company instantly started cer-
tiorari proceedings to review the regu-
larity OF the appointment of this
commission and this rival Of Jarndyce
VS.. Jarndyce began.
BRILLIANT COUNSEL ENGAGED.
Each side secured brilliant counsel,
and it is singular that two of the leading
counsel on the National Docks side since
the struggle commenced, have been ele-
waited to the Chaneery bench, and one or
the Pennsylvania Company's side to the
Supreme Court bench. At the opening
OF the exhaustive litigation, Mr.. Henry
c. Pitney was leading counsel for the
National Docks, and Mr.. John r. Emery
was associate Mr. Pitney was made
Vice Chancellor n 1889 and Mr.. Emery
became leader with Messrs. Collins and
Corbin associates. Mr. Emory only re-
Gently was elevated to the Equity
bench to fill the vacancy caused by
Abraham Van Fleets death. Messrs
Dickinson and Thompson have been at
s7rneys from the beginning.
lon the Pennsylvania Company's side
Tssa late Governor Bedle was leader with
MIR, Sam Grey of Camden. Since Mr..
Bedles death, Mr.. r. v. Lindabury has
acted with Messrs. Vredenburg and Car
retson.
Thus prepared, both companies stripped
for the fight. and since its commence
ment in 1859. have fought step by step
from the Hudson County Circuit Court
to the New Jersey Supreme Court; from
the Court of Chancery and United
States Circuit Court to the United
States Supreme Court, and now the
status, or where-am-I-at condition is
practically the same as when the. com
nlissioners made their first award, be-
cause in July next q struck jury Will
retry the condemnation appeal case.
HONORS EASY.
When the Pennsylvania Company, on
May 4, to return to the sheep, sent out
writ of certiorori reviewing Justice
they also secured stay pending the de-
termination Of the writ. In the June
term Of that year it was argued. In
ion deciding in favor of the Pennsyl-
vania Railroad on the technical ques-
tons raised as s to The feglarftg gca Of tae
once took out writ. of error to the
Court of Errors and Appeals, which
body at the May term of 1891 reversed
Justice -Magie's opinion read at the pre-
ceding November term.
Smiling after that defeat, the Pennsyl-
a rehearing OF the case, which was re-
fused and the Court of Errors and APP
peals RENTED the record to the Supreme
Court, and vacated the stay granted by
Y.Justice Knapp.
81 In the meanwhile, Peter Henderson,
a. OF the COnGeIllldlloH commissioners,
/ Eed, and Messrs. Diekingsen and Thomp-
"a. attorneys for the National Docks,
J IRE confronted with the obstacle that
81 fre was no pre- sion in the law affect
81 the appointment of Condemnation
+ krnissioners whereby a vacancy
B hsed by death could be filled A lay
,.Gso-which not only applied to railroads,
but to all species of condemnation pro
Nessrs. essiss Dickinson and Thompson petit
Toned Justice Knapp for new Commits
eioner and Mr.. Richard G. Washburne
shovelful of earth had been taken out,
and excavation did not begin until
long tiifa fPESNgY's sfSsEEsrdNS.E NEw MOVE.
Pennsyivania Company followed a new
They took s up this aeW lam ana
and at the June term of 1891 it came up
for argument. The law was found to
Of Mr. Washburne confirmed. Then the
indonnitable Pennsylvania Railroad Com
pany's counsel took this decision to the
tempted. ad interim. to get stay until
it should be decided; but they We're un-
successful as to the stay. and in Feb
ruary, 1892, were beaten on the main ques-
fion because the Court of Errors affirmed
the decision of the Supreme Court, and
Mr. Washburnes appointment was held
Starting on a new tack, the. Pennsyl-
vania Company filed bill in the United
States Circuit Court praying for an IN
junction to restrain the National Docks
Company from doing any work on the
ground that the Pennsylvania Company
being a foreign corporation and the Ma
tional Docks a New Jersey corporation, 10,
Federal questions were involved. The
!, Court granted a rule to show cause, Whlcn
acted as a restraining order, and the
rule was argued before Judge Acnesoh
of Philadelphia.
opinion denying the Injunction and dis
solving the restraining order. To TINS
bill of the Pennsylvania Company the
the case was brought to a hearing be-
fore Judge Acheson in april, 1893, and
on May following the Court sustained
the plea. and directed the Pennsylvania
Company's be dismissed. Three months
afterwards the Pennsylvania counsel
took an appeal from Judge Acheson's de-
cision to the United States Court of Aps
peals, which in time sustained the lower
court
Not satisfied with the setback from he
United States Court of Errors, the Penn
4 sylvania appealed to the Supreme Court
of the United States on the Federal
question and other points raised. The
application was made to Justice Harlan
in Washington for writ OF error. BY
agreement It was set down to be heard
by Justice Blatchford in August, 1882 al
Curiously it happened that when coun-
sel were in the midst OF an abstruse ar