The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-12-20
TRACTION
CASE ENDS
Argument in the Suit At
tacking the Lease to the
North Jersey Street
Railway.
JUDGE GRAY'S STATEMENT
General Belief Amongst Law
yers That the Court Will
Dismiss Executors
Especial to s.rhe Jersey city News."l

tSpecia al to ..Ine Jersey lily NEWS
WILMINGTON, Del, Dec 20 ls01-The
reargunent ordered by Judge George
Gray of the United States Circuit Court
in the suit attacking the lease by the
Consolidated Traction Company to the
North Jersey Street Railway Company
brought by the executors of the estate
Of s. T. Dickinson. was closed yesterday
The case told in few words was that
the executors contended that the lease
put the control of the property in the
hands of the North Jersey Company,
whereas the Consolidated Traction COM
pany should have the control. Dickinson
owned stock in the Traction Company.
On the other hand, the Traction Conn
panys counsel argued that the statute
which gave the company its right of in
corporation gave it the power to make a
lease, and as Mr.. Dickinson took stock
at the beginning of the transaction he
was bound to know that the property
might be leased.
During the first argument made in the
suit in this city in June, Mr.. Spencer Weart
for the Traction Co. developed the fact
that there was collusion between the ex-
ecutors of the estate and a Mr.. Thomas
Kinds of Jersey City, whereupon Judge
GRAY made an order that the complain
ant should appear on July 2 in Trenton to
be examined on the point of collusion.
at that hearing ordered Mr.. Charles J..
Roe of counsel for the complainant stat
ed that they could not be present because
they were sick.
Mr.. Weart retorted that he had a wit
ness ready to testify that Mr.. ]. Overton
Dickinson, one OF the complainants, was
in perfect health. The Court ordered the
witness sworn and Mr.. Roe said that he
got his information from Lawyer Duffy.
Mr.. Duffy attempted TO explain, but the
Court sharply made another order in the
same language as the preceding one and
directed the clerk of the Court to serve At
on the complainants with copies of the
first order. This order was returnable
September rs.
At that hearing both of the complain
ants, ]. O. Dickinson and samuel p
Thomas. appeared in person and explain
ed that they had received both the or
ders by mail.
that Lawyer Roe didn't even examine his
own clients, merely saying to the Court
Here they are in obedience to your
Hon0r's order" leaving 1t to the counsel
for the Traction Company to bring out
the facts desired by the Court. When
this was finished Judge Gray made this
Sin view Of this additional testimony
bearing upon one of the issues that was
raised at the hearing and the lapse of
time since the hearing, the Court feels
that 1t is due to itself to ask that this
case be argued again upon all the issues
that have been raised.
In obedience to this statement the re-
argument took place yesterday and 1t was
practically a reitera;ion OF the briefs used
at the former hearing in June.
Mr. James r. Johnson of Philadelphia
f,r,a for
followed by Mr.. Joseph Coult of Newark
on the same side and also Mr.. Spencer
Weart Mr.. Charles J. Roe replied for
the executors.
LAWYERS vino have watched the pro-
ceedings say that the Court win dismiss
the executors bill.