Year: 1872

Tho Attorney General Speaks Five


Hours-Masterly Dissection OF tho


Monopoly.


The argument commenced last Friday afternoon
by Attorney General Gllchrist on behalf OF the
defendants In the railroad injunction case now
before the Chancellor's Court at Trenton, was re-
sumed yesterday morning In the presence OF q
large influx OF lawyers, merchants, farmers and
others, some OF whom came from distant points
OF the state listen to the eloquent debates and
witty sayings OF the eminent counsel who are
engaged on both sides.


The Attorney General confined himself prlnci-
pay to the questions Of the exclusive privileges set
up and claimed by complainants in their bill for in
junction. The decision given by Chief Justice
Green In the Delaware Bay Railroad case and the
validity OF the lease made between the Pennsyl-
railroad and canal companies OF New Jersey formed
strong points In the argument. In relation to
these exclusive privileges as claimed by tn the com
and Amboy Railroad and Delaware and Raritan
Canal Companies to the people OF the State OF New
Jersey; that these companies made direct CON-
promise In the year 1869; that the companies In
question gave their full consent to an act passed
in 1884 by the Legislature OF the State OF New Jer
sey authorizing the REIMBURSEMENT OF those eXclu-
sive privileges into the hands OF the people once
more; that It was passed specially for the benefit
OF the people, and in it's provisions commanded
them to build and construct railroads throughout
the State.


He here cited large number of statutory author
tiles in proof ol his allegations and commented at
length on the mode of legislation which had refer.
ence to the question. He made powerful appeal
behalf OF the intrinsic rights belonging to the
people throughout the State. alter which he re-
viewed the decision OF Chief Justice Green In the
Delaware Bay Railroad case, and insisted That the
Defendants in that case were differently situated
to the defendants in this. He urged that there
was no sixth section III any of their charters, as
there is tho StunhOD0 charter. authorizing the
transporting OF passengers and freight; that there
was no eighth section, authorizing the merging,
&c as IL in the StanhOpe charter; that there was


vast difference in all the particulars in both cases,
and that the decision OF the Chief Justice not
sue in this a Case on On this his sJst SUBJECT Mr.. Gil
christ argued with much fervor, and
made most exhaustive }, research Of the principal
alleged validity OF the lease then taken up by
him, and stated that in the face Of the bin for in
junction the lease had no existence; that It was
null and void; that the compliments hat
nothing to show that they had a new leas,
or title; that the lease in effect was but
lease OF thirty days; that the lease has ex
pired, and they must get a new title
Counsel further quoted numerous authorities
the face OF the bill filed by compliments and sale
that II should be amended from beginning to end
that the spirit in which 1t was prosecuted should
| be amended, but 1t was now too late. They had
been now before the Court for two months, and II
was time there should be an end to this vexed It'll
CATION AS to the charge OF fraud made by the coun
| sel on the other side as having been employed IN
/ getting the bills and charters OF the Stanh0pe
Company passed BY the Legislature, Mr., Gilchrist
In a very fOrcible manner, replied that there was
no foundation TO support such uncaled-lor charges
and Indignantly denied the existence at the time
| stated OF any such frauds. He said II fraud had
! been perpetrated 1t was on the side OF complain
ants, and concluded by appealing to the Vice Chan
ccor TO dismiss this bin Tor injunction and thereby
grant to the defendants the rights to which he said
they had most justihable claim.


Five hours were occupied In the delivery OF his
argument, and it is the prevailing opinion that tho
/ Attorney General made most effective appeal or
| behalf OF his clients.


Senator Stockton will commence his argument
to-day Immediately after the opening of the Court
Mcssrs Cuvler, Cole, Shipman and Parker Will fol
/ l0w and the whole week Will be taken up by these
gentlemen.