New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-18
A RAILWAY IN CONTEMPT
DECISION AGAINST THE PENNSYLVANIA
IN JERSEY CITY.
THE PENALTY is sEoUEsTRATIoN. WHICH MEANS
THAT THE SHERIFF SHALL TAKE CHARGE
OF THE PROPERTY - ITS INFLIc-

TON RESERVED.
The Pennsylvania Railroad Company was ad.
Judged to be in contempt Of court yesterday. Chan
cellor Mctill In Jersey City, rendered decision 70
that effect, but refrained from imposing the pun
ishment. The protracted struggle that has been
In progress Jersey City for nearly eight years be-
tween the Pennsylvania and the National Docks
and Junction Connecting Railroad &C mpanes, led to
this serious complication for the offending corOany.
The National Docks Railway Company which 10
one OF the many branches OF the STANDARD OH COM
pany, is a line that was built twenty years ago from
the Pennsylvania Railway tracks TO the oil COM
pany's yard and warehouses. at Caven Point Jer-
sey City. II south from the pennsylvania
tracks at the Point OF Rocks and connects with the
Central Railroad of New-Jersey and the Lehiga
Valley road The Junction Road was built re"
years later, and runs north from the Pennsylvania
tracks. at the Point Of Rocks 10 the West Shore
station at Weehawken 1t connects with the Ers
,racks the Montclair and Greenwood Lake
road and the New-Jersey and New-fork road
which companies use the Erie tracks IN jersey C'y
It also unites with the Delaware. LAckawanha ah0
Western Railroad. The Junction Road IS con-
trolled by the Vanderbilts
Ths ADVANTAGE Of connecting the Junction ana the
National Docks roads was palpab.e to the two
wealthy CORPORATIONS. 1t would afford complies
union OF all the roads having terminals IN jersey
City and divert a large amount OF trano from tns
Pennsylyan.a Company. The Junction CONNECTING
Company formed 10 construct Kills ''."' "''s~~
"a 70 be barely two blocks long. They first aimed
N run across the level OF the Pennsylvania tracks
and the struggle began That scheme was nnaily
abandoned as the possibility Of the pennsylvania
closing traffic on the line by blocking IT'S SIDE
tracks was plain.
The Pennsylvania tracks were elevated al 'he
POINT OF Rocks The company filed in with earn
below these tracks for width OF i9o feet, and the
tracks are thirty feet above the level OF the street.
The Junction Company decided 10 tunnel through
the Pennsylvania Company's filing They were
fought in the county, State, Chancery ana Oh''eo
States District courts The Pennsylvania Company
received an award OF $4,000 damages. ana tho
money was promptly paid In to the Court The
Junction Company won series OF legal contests
only TO be forced to meet some new movement Iney
supposed that they had scored their final victory
when In Septembe. last they began excavauhs' a"a
were driven out by ashes. refuse and rocks hu''eo
down at their workmen by the Pennsylvania COM
nanv,s empioves Then they were compelled to 50
back to the Court OF Chancery.
The plea OF the Pennsylvania Company was thAt
the Junction Companys plans should De altered.
that they should sink the level OF their tuhhei
deeper and avoid disturbing the PennsyiVaha
tracks The purpose not only 10 secure delay
but 10 make the grade of the connecting line SO
steep that they could not successfully operate the
line without extending H. ana this "ou.o ioi0e
them to acquire more property. There was pos
slbility that the Pennsylvania Company had op-
fained control OF the property tndt NOuu NC 'eNN~
md could nut additional legal obstacles In the way
After hearing the testimony or expert ehelHpesS'
Vice cha ncellor Reid TO whom the case was re-
ferred decided in favor OF the Junction Company
and issued a permanent injunction preVentlns tns
pennsvlvania Company from further interference
The Injunction allowed the Junction company ~
remove three tracks at one time. me fentsys-
vania Company took unusual course anu ap-
nea led and disregarded the injunction Dy i0aulns
lis tracks on the line of the tunnel Win otu ca.s
Allied with rocks thus practically stopping the worA
OF constructing the tunnel -. . A.. c.,-+ ~
The Junction Company returned TO the court o.
Chancery and entered proceedings IN contempt An
application also made for VIII Oh seHue.sa
IN AGAINST the Pennsylvania Company The pen
altv means that the Sheriff taxes possessioh Vi '"s
companys property! . .r.a and must be obeved"
saws the Chancellor In rendering uecision' tno
parties all being in court lus. ,ano az w AIR, ~
3act IYpon the facts presented there Is no douot Ok
"a aSsn6ants' disobedience or the decree OF the
49, ro II has been guilty OF negative omissions as
~ IN G octiya commissions. This Is not denied oy
M WI % hut Il says In extenuation that
aie ms az in aood faith by advice OF counsel: That
ac,eu "a 20 mitigate the defendants punishment
SInh "a matter for further consideration When
t.e snmnt no overlooked. and have reached the
.aT thai should direct the issuance OF the
oass 81 se1uestration against the company
pPronertv I believe the company mas acted IN ZOO
proper! ha adxfce of counsel and VIII suspend the
iai,n ny 81 the process for thirty days In the
,,,a the defendant may apply for further re-
ne hut I think the court should take some action
, ~ ,comnei respect OF its orders .
10 cor ns decded to hear the arguments Tomorrow
on the appeal Wneh VIC N AVN ~
with the Chahceiioi'