The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-02-05

POINT OF ROCKS WAR
Chancellor McGill Modifies
the Injunction Against
the National Docks.
MAY PUT IN SHEET PILING
Pennsylvania Company Will Photo
graph the Work and Re-
move the Cars.
NAY PUT IN SHEET PILING

was lnio iHorLlHS gwen PERMISSION Dy
Chancellor McGill to shore up with sheet
pllng the enbankment at the Point Of
Rocks "to protect their work as far as
necessary, and the Pennsylvania Rail
road may remove their car hanging over
the excavation, but in other respects the
situation must remain in statu quo until
Tuesday, when the Chancellor will dis
pose of the proceeding against the PENN
sylvania Railroad Company for contempt.
These concessions were made this MORN
ing when Counsellor Charles D. Thompson
| for the National Docks Company, asked
for modification or discharge of the
rule to show cause granted to Counsellor
James B. Vredenburgh yesterday tenn
porarily restraining the National Docks
people from pursuing their work
He said the order compelling the Ma
tional Docks to desist fromsits work was
1 a very serious matter and in the event
Of bad weather between now and Tues
day would work great mischief to their
property. The excavation, he claimed
should be protected by sheet pill
ing. A portion of the eastern part
OF the embankment was in such
! condition that in the event
4 of bad weather the loose filing might
| run down. If sheet piling were put op
as far as the second track within the
| 80 feet limit any accident of this char
/ acter could be prevented His clients, he
/ said, felt that they should be allowed
| to protect its property by sheet piling in
the manner suggested, and if it involved
j the removal of the car now hanging over
1 it ought to be allowed to do SO.
The Chancellor, after reading rule No.
/ $50. of the Rules of Court. said that the
effect of the rule was merely to stay the
proceedings. but it could not be construed
into meaning that the Court would stay
its hand in enforcing decree
Your application appears to me to be
looking for the enforcement of decree
by process of sequestration. and it seemed
to me not proper that you should go on
to enforce the decree while you were ask
ing the Court to do so''
We are not asking the Court to enforce
| a decree" nterposed Mr.. Charles L. Corr
bin. Our rights come from the statute
and not from the decree,
But this proceeding in contempt is
/ practically an enforcement, and until it
is disposed of the situation should remain
IN statu quo." answered the Chancellor
MT c9rpin h9wsyer 1s0s eontended 5nat
Point Of Rocks under condemnation pro-
Chancery for that All that brought
the them to the Court of Equity, was to for
BID dl the P'eannsyyania Railroad from inter
his clients. because their rights were
Established BY law and ED equity. The gdeT order
| issued yesterday against his clients vir-
tually prevented them from exercising
quite Wiling to make a'psi assurances an ss that
they would allow the work to remain in
statu quo; There was nothing in the
| Court in enjoining his clients to the exer-
cannot 60 So by side wit With You IN this
case. The Court did not ask you to ask
its aid, but when you come here with
should wait until the matter is heard. My
desire is to have the status quo respected.
What does the other side say?". turning to
Mr.. Vredenburgh said the National Docks
| proposition to be allowed to put in piling
and alter the condition of the work was
Railroad Company.
I'VE want it to remain Just as it is un-
or eS not They wser were aoWed mS to destroy
our property while we did not interiors.
! We don't, rely on their assurances not to
4 disturb the status quo"
/ What do you say about shoveing up?''
asked the Chancellor.
Mr. vredenburgh didn't sonsider it
ary Injunction be allowed to stand. 1t was
/ not fair. he said, for the Court to permit
the National Docks Company to saw the
i Pennsylvania Company's car in two and
DESTROY property while his clients are
being held up He respectfully insisted, he
said. that the situation remain as it is
| until Tuesday.
The question Of suing for damages hav-
| ing been referred to the Chancellor said
| that there would be no difficulty about
that. and in the order which he would
| make he would modify 1t so that it would
4 be without prejudice of the right of the
| Pennsylvania Company to recover dam
/ ages. The Chancellor was about to rule
4 on the point Of protection when Mr..
| Thompson remarked that the car was
/ hanging over the excavation and should
| be removed.
"Couldn't you support it?', inquired the
| Chancellor. but Mr.. Thompson thought it
1 might fall and bring down the whole
| enlban nkment.
Photograph it, said the Chancellor,
and this caused laugh which was re-
newed when Mr.. Thompson suggested the
| Roentgen process, SO that the interior
| may be made plain
After two orders had been submitted,
one amending the. other. the Chancellor
! signed that permitting the National
/ Docks Company to put in sheet piling as
| far as is necessary to protect its prop
i erty, but to maintain the present condi-
| ton as far as possible and the defendants
| first shall photograph the ground and re-
4 move the overhanging car.
On Tuesday morning both the contempt
| and Injunction proceedings will be ar
/ gued.