The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-02-21
VICTORY AT LAST.
National Docks Men Cut the
P. R. R. Tracks at
the Point of
Rocks.
CHANCELLOR M'GILL's REFUSAL
This Morning Workmen Are Tear
ing Away the Embank.
ment-Seven Years War.
CHANCELLOR M'GILL's REFUSAL

The Pennsylvania Railroad Company
received its final Knockout blow this
morning. Chancellor McGilI notified
Messrs. Vredenburgh and Garretson. coun-
sci for the company, that he had decided
to refuse their application made on We'd
nesday afternoon last to stay the force OF
the execution and leave the situation at
the Point of Rocks in statu quo until the
Court of Errors and Appeals had de-
eided the appeal from Vice Chancellor
Reeds decree filed January %. 1896.
This refusal of the Chancellor to inter
fere permits the National Docks Railroad
Company to go ahead and cut the yard
tracks l, q and 3 of the Pennsylvania
Railroad al Waldo avenue and complete
Immediately the National Docks people
received the glad tidings word was az
once sent TO the foremen of the gangs and
half hundred men were on the scene.
They scrambled up the enlbankment with
sDades. picks and shovels. and in jiffy
the three tracks We're cut and gap made
to cut away the space between the several
tracks to- bring il TO the level of the
tracks of the National Docks crossing
The yardmen of the Pennsylvania Com
pany stood quietly watching the opera
tions. They had moved the cars up. to
the line laid down and on the track No.
4. These cars were to be removed from
4, 5 and tracks when the National Docks
people have built up their arch and re-
u
three tracks at a time the tunnel will
be completed and the crossing under the
Pennsylvania yards a condition and not,
as 1t has been for seven long years.
theory, and avery costly one to both
litigants in this memorable struggle.
In all probability this will be the last
of the fight at present before the Courts.
This is assumed from remark made by
Counsellor James B. .Vredenburgh, before
the Chancellor. At the argument he said
the appeal from the decree 10 be settled
by the Court of Errors al the next term
would be determined by the application he
posed that the Pennsylvania Railroad will
not argue the appeal But what move
they may make next either by big suit
for damages in devious ways known
to railroad lawyers. is a matter of lively
conjecture.
vania man, ''the end is not reached yet"
1t is now about seven years since the
National Docks and New. Jersey juno
ton Railroad Company first began its
proceedings 10 condemn the right of way
to cross The P. r. r tracks. Messrs.
Dickinson, THOMPSON and AicNaster were
the attorneys, and they have waged
persistent battle winning victory after
victory. yet could get, no nearer their
goal; It was well said by Mr Charles
Mr. Charles Thompson in the work before
the Courts. thar the National Docks had
won twenty battles. but the other side
thrived better on the defeats than the Ma
tionaI Docks people did Jon their victories,
/ because they were shut out and We're prac-
of the struggle.
After the Condemnation Commissioners
had made their award, that award was
attacked as insufficient by the P. r. R.,
and the fight began. It was fought in
the PUBLIC, courts. the Circuit, Supreme,
Court OF Errors. Chaneery. and even the
United States Supreme Courts. where
queer incident occurred.
The Pennsylvania people had raised an
international question in the litigation,
and it was being argued before Justice
Blatchford in Washington when that
| eminent .jurist suddenly recollected that
ne owned some of the Pennsylvania Rail
road stock. and he withdrew from the
considera ion of the case.
The litigation seemed interminable, a
species of legal endless chain, because af-
National Docks people had to begin again
at the bottom condemning the right of
way. The case .out-Jarndyced Jarnydce,
and the sPoint of Rocks Dispute was in
| thing absolutely impossible to settle.
| Every point of a legal character which
extremely ingenious lawyers could con-
ceive was raised in this case. and the
| nucleus for a law library. The fencing
| of the one side was ably met by the per-
sistency Of the other. and there is prob
ably. mo case ever before the 1udicature
culiarity about it: namely. that the Law
| and Equity benches have been recruited
| from counsel on either the one side or
| the other within the duration of its
Finally. Messrs Corbin and Thompson's $
| efforts were crowned with success, and
within very short time the. Docks Com
| Meeting Company will be able to run
| at Back Tom to the Weehawken de-
| pot and away to the north and the west
| hitherto barred to them by the opposition
| of the powerful PENNSYLVANIA Railroad.
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