Year: 1875

opposition. With view ofputting an esoppei on any
further proceedings looking to the consummation of
this project injunction has been asked for IN the
courts. Mr.. Aaron Freeman, of the stockholders
OF the company, has taken the initiative in the matter
He applied yesterday to Judge Donohue In Supreme
Court, Chambers for Injunction against the com
pany and John r. Marshall John NJ Rurt Franklin
Chandler, Trenor W. Park, j. G. Mccullough s: C.
Thompson George j. Forrest T. c. Calhoun Frank
Work, c. X. Garrison, H. IL Baxter and John T. Jones'
trustees, restraining them from establishing line of
steamships TO be owned, run and operated by the said
railroad company between the port of New York and
The port of Aspinwa in the Republic of New Granada,
and between the port OF Panama, in said Re
public, and the port of San Francisco, in the
State Of California, and from purchasing entering
into contracts for the purchase construction by
behalf Of or for said Panama Railroad Company of
steamships other vessels to be used such line
lnesn A temporary injunction granted, with
order to why the should not be made
permanent 1t is claimed that the running OF steam
ships in connection with the road of the company, as
alleged 10 be in contemplation would be in direct viola
ton of the company's charter 1t is than proba-
BILE when the case comes for argument the per-
manency of tho injunction there will be warm and
exciting legal contest over the matter.


The papers submitted to Judge Donohue as the basis
for the above injunction were the complaint of Mr..
Freeman in a suit brought against the company with
view to making the permanent, and the act in
cooperating the Panama Railroad Company, passed
April Z 1s49, by the Legislature of this State. Tho
following is the complaint in full the names Of the de-
PENDANTS being those given above:-


Ftrst-That the defendant the Panama Railroad
Company, is corporation duly incorporated organ
zed by and under act of the Legislature of the
oi New York, entitled IAN act to incorporate the Pana
ma Railroad Company" passed April Z, the year
ls4s, OF which the paper annexed hereto, marked
schedule A" is true copy, which paper the plaintiff
prays may be deemed part of this his complaint


Second-fhat tho other defendants are and at tho
time OF the commencement of this action were, the
directors oil said defendant, the Panama Railroad Com
pany.


Taird-That the defendants intend establish
anu are now making the necessary arrangements for
establishing and are negotiating for the purchase
by said Panama Railroad Company OF steamships be
used on line Of steamships the transportation of
passengers and freight to be owned operated
by said Panama Railroad Company from the
port Of New York, in the State of New
York, 10 the port Of Aspinwall in the Re-
public OF New Granada. and from the port OF
Panama in said Republic TO the port of San Francisco
In the State OF California Thai the defendant claim
aud insist that they have the power establish run
aud operate such line of steamships under and
pursuance of provision contained the first section of
The act aforesaid. which authorizes the purchasing and
managing of such steam or sailing vessels may be
proper or convenient to be used connection the
SAID road referring to the railroad of the defendant
the Panama Railroad Company which has been built and
Is now being operated by said company between Aspin-
wall and Panama, in the Republic Of New Granada.


The plantil alleges and insists the contrary, that
the provision last Aforesaid intended
on said Panama Railroad Company a franchise, right
authority to establish and operate such limo of
steamships but thai cue authority intended be and
IN act granted TO them under and by the act aforesaid
IL that simply purchasing and navigating such
sailing vessels would enable said company con
vey freight and passengers arriving in steam
ers and vessels at the ports which said railroad
should run to the respective termni of railroad
ard from said termni the ocean STEAMSHIP and YES
sells in the harbors aforesaid That the grant said
right and franchise by the Legislature of the
New York was made in view OF the fact that most of
Of he rite fhat
OF Panama arc shallow and of such character that
II Is impossible for ocean steamers and vessels
reach the shore any wharf that could reasonably
be constructed and they were, and are consequently
compelled 10 come to anchor considerable distance
from the shore or such wharvcs and IN the harbor
Panama ocean ships compelled to anchor at
least three miles from the wharf of said company;
the Legislature OF the State OF New York. view of the
TACT aforesaid and for the purpose OF enabling said
Panama Railroad Company 10 transfer its passengers
and freight rs aforesaid, conferred upon 1t the right
10 navigate such steam sailing vessels might be


proper and convenient to be used lin with
said road" That said Panama Railroad Company did
accordingly, under the authority aforesaid, aud the
exercise Of the franchise thereby granted
II in readiness receive and transport passengers
and freight and over its said road, purchase
aud sailing vessels Of light draught which has here
toore used, and now IN transporting passengers
aud freight to and from the termini of said road at
Panama aforesaid and ocean steamers and vessels.


fouru-Thc plaintiff further alleges that the
Tact that the Legislature Of the State of New York
dld not intend TO grant TO said corporation the
right and authority to establish and operate line Of
steamships apparent not only IRON the language Of





ol the State OF NewYork had during It's seventy first
session, the year lS49 passed entitled AN
act to incorporate the Pacific Mail Steamship Com
pany, OF which act the paper annexed hereto, marked
''Schcdule b. Is true copy, which paper the painf
prays may he deemed part OF this his complaint.
That William H. Aspinwa and Henry Chauncey,
icrred TO IN the act aforesaid, the per-
sons referred To in the act incorporating the Panama
Railroad Company and that their associates the Pa
cihc Nail steamship Company were many of them,
ihe same persons named the of 1S4g above re-
ierred to- This plaintiff further alleges that the de-
is oh
ter aforesaid or by under of the Legsla
ture OF the State OF New York other authority
establish run and operate such line OF steamships as
They intend and are about to establish.


FWh-That the establishment, running and opera
lion OF such line of steamships the de-
tcndants propose establish and operate will be
departure. by said Panama Railroad Company; and
The directors thereof from the purposes which said
iahaiha railroad Company was chartered and organ
iLed, ana VIII require the expenditure OF large
o. money tabout S4,ooo0Oo being required to
purchase or build tho necessary seanersl by and on
The part OF said Panama Railroad Company belonging
~ and the property of the painu and the other stock
holders in said Panama Railroad Company and will
Involve the plann and the other stockholders n said
company IN great and irrcmediablc loss and injury


Srth-rhat IN the year 1867 contract was made and
fntercd with by and between the defendant the Pam
lma Railroad Company, of the part the United
States OF Colombia OF tho other part reformatye ~
certain contract between said parties which had been
entered into the 9th day Of April In the year 1850
concerning the construction ol rairoad from ono ore,


. tae other, across the lsthmus Of Panama That M
md by said rclOrmatiyc contract of 1867 aforesaid
said railroad company bound itself among other
things "cxtcnd the railroadn treerrng To the rail
road OF said company ION the Pacific side To the island
VI NaOs Culabra, Pcrco and Flamenco other place
~ the bay trclerring the Panama Bay where there
exist permanent depth Of water tor large vessels
That the islands aforesaid not less than miles
aud onc quarter from said city OF Panama more than
three miles and quarter from the present wharf
V SAID railroad company That no ocean steamer
approach SAID wharf nearer than a dis
tancc Of about three miles and quarter,
Ia consequence OF the shqowness q! SAID
bay aud harbur That the construction ot the railroad
sailed for and required by the contract hereinaboye last
% 10 4
he bay aforesaid where there exists permanent


cpth OF water Tor large vessels would cost the sum OF
less than about 81 0OO That SAID railroad com
pany has not constructed commenced the eonstruS-
non OF the road required IN tile contract
last Aforesaid, and the plaintn IS appre-
hensive that, unless said railroad company shall
comply with the laws OF the contract last aforesaid,
the United states of Colombia may forfeit the charter
and contract therefore granted to said railroad company
LAL NuIun LLn