The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-06
Special to The Scranton Tribune.

HOneSdale, Pa, Jan. 5.-FOr two days
one of the greatest railroad battles In
the history of the country has been
waged in the court house here before
Judge Furdy. 1t Is a contest of mill
ions against millions, and not single
point is being overlooked or trick lost
in this great contest
The plaintiff in the case Is the Erie
and Wyoming Valley Railroad COM
pany and the defendant the Erie Rail-
road company, two corporations that
tor years have had many interests in
common. The Erie is now fighting to
prevent the Erie and Wyoming Valley
company from constructing a line which
will be a business competitor of the
Erie. The road in question is the Della.
ware Valley and Kingston railroad
which it is proposed to build on the
bed of the abandoned Delaware and
Hudson canal
The road from Hawley. Wayne coun-
ty, to Lackawaxen, Pike county, is to
be built by the Erie and Wyoming VAL
ley company, which has purchased the
bed of the canal for that distance from
the Cornell Steamboat company. which
some months ago purchased the en-
tire canal and right of way from the
Delaware and Hudson company.
CROSSES THE CANAL.
Near LackawaXen the main line Of
the Erie crosses the canal and about
the time the surveys for the proposed
extension Of the Erie and Wyoming
Valley road were being made the Erie
filled up the canal to the level of its
tracks for the purpose of doing away
with the bridge, as was alleged by the
Erie. The Erie and Wyoming Valley
say 1t was merely a trick to prevent
them from using the canal and filed II
bill in equity at Milford. Pike county.
to compel the Erie to remove the fill
ing from beneath the bridge in ques-
tion and also to prevent them from
interfering with the line laid out by
the plaintiff company between Hawley
and the Delaware river.
Pike and Wayne counties are in the
same judicial district and the case
came before Judge Purdy for hear
ing at Milford, but was continued until
yesterday at Honesdale by agreement
this place being considered more con-
venient for all concerned than Milford
After the bill in equity was filed ii
was alleged that the Erie company laid
about one-fourth of a mile of a track
between Hawley and Lackawaxen
which crosses the canal near the Erie
bridge where the canal is filled. Al
yesterdays hearing somewhat of a sem
sation was caused by the announce
ment that the rails in question were
laid by the Delaware and Southern
railroad, which has been chartered tc
build road from Hawley to Lacka
waXen. under the laws of this state.
GREAT ARRAY OF LAWYERS.
1t has been many day since Homes
dale has entertained so many capital
lists, railroad men and distinguished
lawyers as We're here today. The plain.
tiff is represented by Thomas G. Sher-
man and c. S. Gebhardt, of New York
A. It. McClintock. of Wilkes Barre;
II. Torrey. of Scranton c. A. Bull. OF
Milford, and Homer Greene and Judg,
Wilson, of this place. The interests o
the defense are looked after by Hon
Il. N. Willard Major Everett Warrer
and G. p. OMalley, of Scranton. ana
A. T. Searle, of this place.
This was the final hearing in the BIZ
in equity and began yesterday and con
cluded today. The plaintiff company
proved record title to the cana
through the Cornell Steamboat com
pany, which conveyed the part II
Pennsylvania to the Erie and Wyoming
Valley company.
The point was raised by the defens,
that the Cornell company being a for
eign corporation could not take title o.
convey it.
Judge Purdy said he was impressed
by the force Of the objection. but de
cided not to pass upon it then. II,
would hear all the testimony and de
eide later whether or not it ought t,
be stricken out.
1t was shown that the Erie an;
Wyoming Valley company directors ol
Nov. 8 last laid out branch road from
Hawley to the vicinity Of the Delawar
river. Chief Engineer Webster wa
called, who testified that on Nov. i
he laid out the proposed branch an'
produced a map which he said shove,
the line as located. This was adopte,
by the directors on Nov. II.
1t was shown that Mr.. Webster /