THE DAILY EVENING TELEGRAPH. PHILADELPHIA, FRIDAY, FEBRUARY 2, 18GG. t Continued from the Firrt Page. answer every witness thfU mskm an MlejcMlou tiRRlnet It, bul to produce her rlinrter every time, and we have no until to question it; bnt the Penn sylvania Company ha no men prerogative. Mow, It Is understood that the rights of tin S'nte Are to be decldfd hen, In a controversy with this company 1 represent. If the State will hrlns; on a tilt, wboare ibe proper parties to represent herl (Jertalnly only tho authorized to do so. Now, In this Instance, I understand, and you have seen It so stated In the bills before you, that the Onrernor of Pennsylvania, or the St rretary ol the Slate, or the Attorney General, or some o'her of the high mightinesses about Hnrriebnre, has taken It Into his head that we have done something or may do something; In consequence of which we have for felted our charter to the Stale. I do not know the grounds upon which that ullcgntlon Is based. 1 cannot know them nntll they are placed upon re cord, or until they ar In some way communicated to me or to my clients by thosu who muke thera. They are not denned, and I do not know what they are; but may It not very well be presumed that these proceedings, which have beeu Inxtitu'ed for the purpose ot trying; the validity of our charter, are baeed upon some tact of which the Pennsyl vania Kailroad do not know anything whatever ? May they not be .just as Ignorant of the gronnd upon which the Attorney General charges us with having forfeited our charier as they are about the charter itself; for, in their own bill, they say they don't know anything about thatl Another thing, If we were hpre face to face with the State of Pennsylvania, represented by those who have a right to represent her, may It not be Very well Fuppoetl that she would waive consid erations which the Pennsylvania liallroad wonld be disposed to insist upon. For Instance, I won't pretend td say that I Know the gauge ol every, body's inlnd about the State cupital, but I do think that I am not so lenorant of the character of the Attorney General's understanding and his sense of right, as not to believe, with great contidence, hat if he were In discussion with us upon this question, about the forfeiture of our charter, he would not attempt to demand the ljrfnitur upon any such grouud as that suggested here. He would not, nnd I do not think any bnt a railroad corpo ration would dare to. No State, wt'h a proper re gtird for justice and the interests committed to the keeping ot these railroad companies, would ever dream of saying that we have lost our ch irter because we Hied a paper which we were required to file with the Secretary of the commonwealth, nnd the Secretary kept it In his olllce for forty days, and then, when very important interests had been staked upon the supposition that It was tiled accor ling to law, declined to do as plain a duty as ever fell to any such ministerial ollicer; no such reason as that would be alleged to prove that we have not a charier, If we were before the Court on a charge brought by the State. Now I do not say t'.iat in dilllonlt and change able circumstances the charter of a company can never become a euhj.-ct of investigation, where a suit has been brought against tbut corporation by a private parly. It Is true that where a private individual or any other corporation believes that it has suffered injury at the bands of a corpora tion, a suit may be brought; and it this ollending corporation justifies the act on the ground that its charter authorized it, it must produce so much ot the charter as will legalize that particular act, to show Its quulitj; and when you have redressed the private grievance you have done with the in vestigation of the charter. That is, you must ko on with your investigations as far as it is necessary to go tor the purpose of ascertaining the qnality of the particular act that is complained of against that private party; but as to allow a private Indi vidual to call upon a corporation to produce its charier, to have that charter pronounced invalid for any public reason, or for any reasons tbat may apply only to the Interest of a private controversy, it is clearly out of rule, as Imlf a dozan cases which are cited here by Mr. Wharton and Mr. BlddleBhow conclusively. Although I suppose that the gentleman upon the other side had not studied the subject when he drew this bill, now that attention is distinctly called to it, it cannot be possible tbat my triend Mr. Gibbons will lusiat tbat there is any such rule. But theu if there Is any private party under the broad heavens that ought to be silent, and refrain from making any such allegation against us, it is the Pennsylvania Hailroad and the Sunbury and Xrle Kailroad, the two plain tills in this case. This is the last case in the world in which they ought to be allowed to make any such allegation. They have sued us as a corporation, they are seeking a de cree against us as a corporation, and after having taken us by the throat and dragged ns Into court in tbat capacity, are they to be tolerated in making an argument tbat we are disarmed of the power to defend ourselves as a corporation I Observe tbat this suit is brought, not against the old consolidated company, the Atlantic and Great Western Koad Company of Pennsylvania, nar against the ofllcers and managers of the present consolidated company of the three States, but it is brought against the Consolidated Company itself as a corporation. In order that there may be no difficulty about It, they have said that it is the At lantic aud Great Western Company ot the States ot New ork, Pennsylvania aud Ohio. What would have been the consequenoe had we accept ed the challenge so chivalrously thrown down by the gentleman of the other side to prove our cor. porate existence! Suppose that in accepting that challenge we had failed to prove that we bad a charter ; or, suppose that we had proved the ori ginal existence of our charter, and they had been able to repel that, by some counter proof of an act, the result of which was to for feit our rights, why, then, we would have no charter, we would be no party, aud the suit which they brought against us no suit. It would result in deciding not only the refusal of this motion, but of the final refusal of this bill, and it would tuin us and them incontinently out of Court. Then all the eloqnence of my friend Mr. Cnyler would have been expended in vain upou a mere local nothing, that has neither habitation or name, i'or all the good or harm that he could have done in tbat case, he might as well have gone on the top of the Allegheny Mountains and spoken his speech to the wild winds. Then, what would my friend Mr. Gibbons dot His business now is to do the very, very up hill work of show ing, how a decree is to be pronounced In this case apuinbt the reasons to the contrary, which be has heard from Mr. Wharton and Mr. Biddle. How he is to get along with it just as it stands, I don't know. But how he would nave got along at first bad he succeeded in proving tbat we had no ex istence, how be was to get a decree against no body, passes my comprehension. But supposing be could puss over that, and get a aecree against nobody, what tort of an execution would be take I "Vou issue a writ of injunction and put it into the bands ot these two gentlemen, who of course are burning with all the zeal that belongs to their cllentB, and all the animosity tbat can be felt, of courBe not personally, but vicariously. They no doubt feel very had against the objects of tbeir de nunciation in this Court, for I don't think any body onght'to teel well, who says so many bard things as Mr. Cuyler did in bis opening. They start out on ihls object of their clients, sympathy and lire in each eye, pupers in each hand, aud they traverse the bills and valleys of this commonwealth to see if they cannot find this invisible non-existing thing that has no local habi. tation, and has no name by which it is known by the children of men. They cruise about like the Dutch Admiral iu searcbot the phantom ship, but with hardly as good a prospect of success as be had, because a phantom might be visible, nnder some circumstances. It appears and disappears, but this nonentity of theirs never appears; aud what would be the consequence alter they had spent six months in search of 111 why, thai they would coma home empty handed. In the whole history of time, in the history of our jurisprudence, there bas never been such an attempt to commit legal suicide as this. I am very glad tbat it was not successful, because if it had been we wonld have been compelled to bury this corpse at the cross-roads with a stake through its body. As it if, it has suffered a moral death at the bands of Mr. Wharton and Mr. Biddle. But It is entitled to a decent funeral, which our friends on the other side need not be ashamed to attend, where they can shed as many tears over its grave as they feel necessary to express their sorrow at its untimely and sudden departure from this world. If your Honor pleases yon are asked to decree an injunction against rive corporations of very consluerable mugnltude, and all of them loaded down with Interests, which belong to their stock, holders, oltlcers and managers. To pronounce such a decree us tout, and thus prevent the defen. limits from using the properly thut belongs to them as other proprietors use what Is their own, and not only to virtually ruin tbeir business, but to a very large extent break up the commerce ot a large portion ot the country, and put thou sands upon thousands of the people connected with thehe roads, and who are uot upon this record as defendants, to great inconvenience, is no light thing. It Is not a thing, which your Honor will do, un less you are moved to it by considerations which are not only powerful, but irresistible. Eipecially will you be klow about doing such a thing, when it is tit-Wed lor, as it is in this case, immediately af ter the filing ot the hill, aud before the other party bas had an opportunity ot making an answer and plncing their defence upou the i ecord, mid before any evidence upon their side can be regularly mien. nuttier thing winch would necessitate your action is the tact that the demaud for that irjunciion is tow based upon a tact wuteh i strongly, firmly and persistently denied to be true, and which Is not supported or proved in any other way than by the most uncertain and unreliable evidence indeed, If It can be called evidence at all, that was ever offered to the consideration of a court of joFtice, ex parte affidavits from men put in a corner, without an opportnntty of cross-examination. When I say tbat this Is most unrelia ble and uncertain, I say It without intending to mnke any Imputation on the good character In any respect of the gentlemen who have made these a til. davits; but 1 do say that on a subj-tct where there Is room for a dlflerence of opinion like this, it Is the easiest thing In the world to get any number of ex parte aflldavlts tor any purpose that you want. Why here are as respectable men as any In the commonwealth, among them Mr. Thomson, Presi dent of the Pennsylvania Hailroad, and Mr. Potts, who hnve sworn that there is no connection be tween these two roads at Corry; sworn that lite rally and straight. They would hnve sworn to no such thing If subjected to a cross-examination for two mlnntes; tbey wonld have been compelled to back square down and make their testimony dif ferent entirely from what it is this minute. They could not have borne it. 1 aver that there Is no Instance to be found on record where a special injunction bas been grant ed on mere affidavits, or where a fact thus proved, or attempted to be proved, by the affidavits, was not either presumed to be true without them or where it was not of a peculiar character, such, for instance, as tbat of proving an Incident or some, thing peculiarly within the knowledge of the party Who made the affidavit. It is done sometimes In cases of this kind, ea n tmnitatt ret, as It is in other cases. If there be any one rule in equity proceedings that, is well established, clearly tiffined, univer sally acknowledged, never denied, it is the one as serted by Mr. Wharton the other day, and proved by the authoiilles which he produced, tbat in the first place a motion for a special injunction is ne ver granted unless the motion be supported by proot that the act complained of, is illegal beyond a possible doubt. In the second place, that it is perfectly certain to be commuted, or has been com mitted by the defendants; and In the third place, it must be bhown not by light evidence, not by evi dence which merely preponderates; it must be shown by evidence which is utterly Incontestible, that, if committed, it will Inflict upon the com plaining party such an injury as cannot be re paired either by an action at law or by any other way. Now, If tbat is not the law of Pennsylvania, then there Is no law in this State, and there is no pro tection tor any man's rights. Have they brought themselves within this rule, I would like to know I t-o tar from bringing themselves wilhin any such rale as that, to the best of my knowledge and be lief I speak after reflec'ion I have never yet per ceived they attempted or offered even to get wilhin any such rule, and they have not attempted to show that tbeie was any. Have they proved that that other point ot law which they make in the easels clear and free from doubt t What is that other point of law! It is that these two railroais do not connect at Corry according to the meaning of the word connection, as used in the act of IHHl. That Is, that when the act of Assembly of that year declared that one road, one company, shall have the right to connect or lease the road of the other, they being of different gauges, should apply only to cases in which tworoaJs so connect ed are of the same gauge. Now, If that act of As sembly bad contained any words which would haveumounted to a proviso eqnivaleut to this, Provided that Ibis law snail nut apply to the case of i wo roads connected together which are of dif ferent gauges," then it will be all right. They must interpolate these words into the act of As-m-bly belore they can say that it is entitled io that construction, before they can assert that the law is as they say. It is not so. I hold, so (ar from their making out a case which is doubtful, that the c ise is perfectly tree from doubt on the olher side. To me it stems as clear as the bright light ot the sun at noonday, that tbey are wholly wrong, and yet I do hesitate about expressing the strong convictions 1 (pel on tbut question, because there is another gentleman who has said exactly to the contrary, and he who knows my triend Mr. Cuyler will have the utmost respect fur his judgment. It must be that one or the other of us Is mistaken, and I admit the presumption is, that it is as likely to fall against me as against him. I do not know thai he will admit with me that it i as clear as sunlight, bnt I know that he will admit that it is pretty good moon shine. Now, how do you make it a perfectly clear ques tion of law that admits of no donbll It must be a proposition which any impartial man will accept at llrstblush. If it relates to the written law of the country, all you have to do is to hold up the statute aud say "Here, between the four corners of that law the rule is compressed upoi which we insist." That is sufficient. If it relates to an old law of the commonwealth it must be language well known a well recognized, perfectly adju dicated principle. But do they rely upon anything ot that kind! 1)0 they simply offer you an act of Assembly and then say, "Here is the exact statu le which fixes It just aa we want to have it." Not they. They will not trust It in any such way as that. They intend to make it out by a long chain of argumentation, one end of it fixed upon very remote premises and the other end reaching, as they think, to their conclusion. But they would not trust your Honor with a pull upon that chain. They do not put it into your bands until they have supplemented it wilh divers affidavits of gentle men who are very respectable: but what they are supposed to know about law more than the Court does, I cannot understand. But tbey pick np these gentlemen, (and they are their particular friends loo,) and they take their affidavits that the meming of the word connection does not apply in tbat case and that c indition; they wrap up tbeir logical argumentative chain with thete affidavits; but then unfortunately the affida vits all peeled off instantly by counter affidavits and by witnesses, quite as respectable and twice as numerous, and that leaves you where you were before, only in rather a worse condition. It is necessary, if your Honor pleases, that you should look at ibat act of Assembly and construe it t x visceribut tuit. W bat does it mean on the face of ill What is the literal meaning of the words tbat are nsed there I The word connection meaus, ntdo to tie, con together. Two things are tied to gether. . These separate things so connected may be very diverse. It is not at all necessary to sup. pose that there could be any resemblance between the things connected; to say tbat there can be no connection between two railroads because one is broader than the other, is just as preposterous as it wonld be to say they cannot be connected because one is longer than the other; or to say tbat they can not be connected unless they have the same shape; or to say tbat two gentlemen cannot be connected in a business partnership unless tbeir eyes are of the same color, and their legs of the same length; or that two gentlemen like my friends here, cannot be connected as colleagues In the same cause un less tbeir arms are of the same length, or tbey wear the same clothes. Now, in order to make out the meaning of the word to be the trne one which you assign to It, it becomes absolutely necessary to as sert i hat two diverse things cannot be connected together; you must show that the word bas a more restricted meaning, and tbat tbey cannot be con netted together unless they are especially alike in some particular feature that is given them both, otherwise you cannot say that there can be no con nection between two railroads, merely because one i a broad gauge and the other a narrow gauge. Now, 1 want to startle Mr. Cuyler a little by asserting that the word connection does not pro perly apply to the junction of two railroads where both of them are of the same gauge. So far from the word implying similarity in the physical structure, it implies diversity. Two roads, connected together ot joined together, both of them being of the same gauge, being, in every regard, of the character which enaoles oars to run over botb, are not connected together they are united; they form one and the same railroad; one is the continuation of the other, or branch of the other, they are not t we different railroads con nected together. The word connection does not apply to them; and the use of the word, instead of iinpl)ing that idea which you say belongs to it, absolutely repels it. If you suppose that the Legislature meant the word in the proper sense, as you are bound to believe it did, you can come to no other conclusion. That is exactly In accordance with all onr rules of practice. Two persons, not necessarily identi cal, uot necessarily the same, may be connected by family ties; so two families may be connected, aud why I Because they are not the same one at all, or ibey cannot be connected. But a man and woman who are joined in the bonds of matrimony are not connected, they are joined, are united, be cause by the human law and by Divine law tbey are one, tbey are the same person. Tbat is a reasou it is a union in tbat case, while in any oiber case it would be a connection. Take two rails, not rail roads, but two rails, of the same sUe, and weld them together so there is no perceptible difference between them; they are what my friend Mr. Wor rail wonld call concorporated, they become knit together, and tbey become one and the same piece of Iron; tbey are not conueitid. But take two different rails of different siz's and different thick ness, aud tie them together by bolts, or bars, or plus; then there are two rails oonneoied with each other. Here Is one book aud here another; these two books can be tied together. They aie wholly un like one another, and when tied together tbey are two separate things united; but if these books were on the tame su eject, and both bound up wilhin one cover, then the word connection would not apply to them at all, there would be a union between tbem iliey would be one book. 1 maintain that to use the word connect, la the sense In which it is nsed on the part of the counsel for the plaintiff here, Is to use It In a totally wrong sense. I maintain that such a nee of the word has no application to railroads, and there is no sort of a presumption that the Legislature Intended to use It In such a way. But, then, in addition to tbnt, I maintain that on Ibe face of this act of As sembly there Is a general intent expressed, which shows that no such idea could have entered the mind of the law-giver. What is thatl By this word connection tbe gentlemen say the legisla ture meant only to provide for two railroad, from which tbe same cars may run without slop, or break, or transhipment. Now, the legislature said that this lease might be made, not only In cases wbere two railroads connect Immediately with one another, but the lease might also be .made in any case where tbey are connected together by . the Intervention of a third road. Now, tbat third road may be In the hands of an opposing enemy, ns In point ot fact It is, and that must effectually prevent the cars of the lessee from running from the road owned by him to the road leased. There fore It Is evident that the Legislature could not In tend the reference In the case, the counsel tor the plaintiffs Insist tbey did Intend. The different acts or Assembly which were cited by Mr. Biddle, on Thursday last, showing you how the word connection had been nsed by the legislature In different times, seem to me to be ex ceedingly important. It proves that, in the legis lation of tbe State of Pennsylvania, we have been In the bahit of speaking of the connection between a railroad with a plankroad, or a railroad with a canal, or a railroad with a navigable stream, over which tht-re is a line of steamboats; and surely connection in this case did not mean a similarity of gauge, or tbe capacity to carry freight and pas sengers without transhipment. Then, in the judi cial proceedings of the county, the word connection has been used in some way a thousand times. I donbt If your Honor has written five opinions In your life in which the word connection was not used to Indicate a junction of two things entirely different from one another; and I also assert that the use of tbe word has been carefully avoided in cases where tbe two things supposed to be joined were identical, and would, therefore, more pro perly be called a union, than a connection. In common parlance you bave the same thing, and, indeed, when there are two things connected together that are like one another, whether In gauge or anything else, tbey are always spoken of as united. I would like to ask my friend Mr. Cnyler the Import of a sentence be used, in opening his case, where be says, "Here are affidavit made by gen tlemen very well skilled in these subjects, because tbey have been connected with railroads I Did he mean to say the gentlemen and the railroads were of the same gauge'l Show me, wheie you find the word, in an act of Assembly, an Important act of the legislature, au thorizing Ibe doing of most important things, and that word has the sense which bas been given to It in judicial proceedings and In common parlance, aud the sense Is uniform and constant, and there is nothing in the context of tbe act of Assembly which Indicates that there is the least intention to use it iu any other way, hau that in which it is generally understood. What sort of a Legislature must thut be, and what motives are you to attri bute to them, to intend the act to he understood in another and a different way 1 Are you to eup pose that these representatives ot tbe Slate, the supreme legislative power of the Sttite.are going to use ibe plainest words in a double sense, or that tbey would have a meaning doubtful or equi vocal given to one of the simplest words In the laiigunge 't That would only be to Imply that they have broken their word not only to the people but to the Stale. They say: "Yes, we may, if we are connected, lease another road." We are connected! We are connected, as that word is understood by the mabses of the people, by the legislature, by the Court, by all professions, including railroad com panies, including the Pennsylvania U lilro id Com pany herself We prove it by her tickets. We prove it by her advertisements scattered over the land broadcast. Very well, then, we lease the road. It is a great enterprize for one company to lease another company at some distance, but after completing that lease, are we now to be told that the law which the Legislature published on its statute book is, after all, a delusion and a snare, and merely to catch people that are foolish enough to believe in il l Why the morality of thai kind of legislation would not be one particle better than the morality of the man who burns false lights on a dangerous coast for the purpose of ship wrecking those who believe in them. Tbe legislature ot Pennsylvenia had no more right to authorize the Pennsylvania Railroad to do this thing, niter giving us the authority, directly from tbe State, to do what we did; to authorize the Pennsylvania Kailroad to stop us, after we have the right to make the contract, than it has the right to authorize that company to set a man trap up in the middle of a highway, and then cover it up so as to catch the first unwary passenger that might happen to put bis foot in It. This is a law that on either side Is not doubtful. My triend Mr. Cuyler said that be was restrained only by the respect he feels for his professional brethren from saying that any suppositions drawn up by this side are ridiculous. Now I do not think tbat anything that may be said by a gentleman in good lalth, and with kindly sincerity, is ever re diculous. Sincerity Is ever the 11 rat of virtues, and that be is sincere is perfectly apparent from his manner as well as from a great many other rea sons. But this is easily accounted for, ho w a gen tleman can get erroneous notions in his bead when it becomes the interest of his clients that be should be wrong. 1 remember Solomon Bays: "Interest bhndeth the eye and perverteth the judgment." Though I would not believe in the case of Mr. Cuyler that his eye could be so blinded as not to see tbe real condition of tbls case. That is, 1 would not believe it if anybody else but Solomon had said so. But here is Mr. Gibbons, whose imagina tion is not so active as Mr. Cuyler'e, that has had time to reflect upon it. For three nights since the argument of Mr. Biddle he bas bad the opportuni ty to consult bis pillow; he certainly will not in sist upon this as a doubiful case. If he does I can only say there is no end to the Infinite perversity of the professional mind. But now 1 come to what I tblnk Is the most sin gular feature ot this most remarkable case. Ia all other cases that I bave ever seen in a court of jus tice, In the conrse of a professional and judicial lite tbat I am sorry to say is not a very Bhort one, I believe this is tbe first case conducted by counsel ot ability, and the case itself being one of very great importance, in which there was no effort made to impress upon me mma oi tne uourt tne Injury that was done by the party making the com plaint, and tbe necessity for the relief or re dress that might be demanded. It Is tbe uni versal course of counsel to endeavor to make It appear to tbe satisfaction of the tribuual which is to determine the case, that their client is in tbe nice predicament of a much injured aud ill-used gentleman or lady, or corpo ration, as the case may be; but here is au argument that lasted two hours aud a half, and it was a very impressive one upon all the topics it touched, (your Honor cannot forget it, and I cannot and never will.) and what was remarkable about it was that not one single word from the time jvir. uuyier opened his lips until he made his bow to tbe Court ai conclusion not one single word was uttered about the injury the Pennsylvania Kailroad or the Sunbury and Erie Kailroad bad suffered from tbe bands of these defendants, that made it necessary that your Honor should Interfere by injunction, either to redress past wrong or to prevent wrong commuted iu tne tuinre. Here was a perfectly sound client. He had no wounds to ebuw, no scar for old wounds, or even a lear that something would happen hereafter to do thera harm, but, on the coutrary, an iminensA display pf patriotism that is tuuartou. Again, 1 insist upon it, it is tbe patriotism of tne Pennsyl vania Kailroad Company represented oy tnat gen tleman, and a great apprehension tbat the mer chants of Philadelphia might sutler, but not ono word about any injury that had been perpetrated upon the private interests of the Pennsylvania Kailroad Company, of which alone they baa a right to commain. The state complains of all the public interests of which Mr. Cuyler spoke about; and it tne btate don't complain nobody else nan a rignt to do bo In consequence ot his silence, it becomes necessary for us to follow over the ground and examine the Pennsylvania Kailroad Company, not the whole of its anatomy, but those particular portions of it most exposed, in order to Bee it intra Be any wounds or cuts of any kiud. wuat is it mat tuey ask lor, and on what ground' do tbey bo demaud il l W by one thing Is, that you shall declare the lease between tbe Catawisea and the Atlantic and Great Western void a lease between the two companies perfectly independent of the Pennsyl vsniaKailruad, made according to their own voll tioij'l Wby should that lease be complained of by tbe Pennsylvania Kailroad Company I Will auy. body be kind enough to lell m what busiuess tbe feunsvlvama uauroaa nns wuu inai inane i as sume 11 to be illegal if you choose, say tbut it is so; but Ibe parties cnuose to mass n, una ii lo no cou. oru of their client, ot the puny that is complain. ing here. The surjeut matter of that contract Is the road ot ibe ijatawlssa uompany reacning irom Milton to Tamaqua; not one loot of thut road bas the Pennsylvania Kailroad a right to put its finger upon. It bus no right, title, interest, claim, estate or demand whatsoever iu, ot, or oui of, the road which is tbe subject mailer of the lease be tween two other and private and iudepudeut parties; and yet Ibe Pennsylvania Kailroad Company conies thrusting herself in between these tvio aud says, "You shall not make au ugrtemeut between yourselves tnut does uot cou cern me." let the Pennsylvania Railroad attend to her own affairs, and she will have her hands abundantly full. And wby should she not, in this easel If yon don't permit her to Interfere, what Injury Is she going to snffer'l Why Is It any at all; any direct, legal or substantial injury to nerf l admit that It may deprive her, here and there, of a customer that may prefer guing by the Catawlssa Kailroad nnder the manage, ment which wonld be pnt npon this line, who O'herwiss would have gone to the Pennsyl vanta Kanroan; or in otner woras, vo nsn the language ot the bill, "trade may be deflected." Sume passenger may And, when he comes to th fork at Milton, that it Is better for htm. because shorter and cheaper, to go by the Catawissa K'til- road. lie will be carried la bis destination In a better way than he would be, by following the course ot the Pennsylvania Kiilroad. But is not that perfectly fair competition I Has one compauy therightof injunction nyalust another because in ine exercise of Its legal pm lieges it may pro I nHy cause the trade of the flrx company to be di fleeted I I rnppose not. I suppose It one of the merchants ot Market street would call npon Mr. Kiddle or Mr. Cnyler to Hie an injunction against another because he deflects trade from one side of the street to another, or one square to another, by perfectly fair and legitimate means, neither Mr. Cuyler or Mr. Biddle would file a bill in either case. Nor do I suppose that either of them, at the In stance of a third party, would file a bill against two parties who have agreed with each other, one to ell and the other to buy certain pieces of property, persrnal or n al. That bill would be just as pro per as the bill here, for the purpose ol preventing two railroad companies from making a lense be twef n them. If the lense is illegal, let the State of Pennsylvania order it not to be done. Lit the State come Into Court about it, and if she can sho that it Is illegal an injunction will be granted, which will prevent the illegal act from being at complished. But now, that is not all If you will give me your attention, I will, as well as I can, bring to your notice what I think is the ground, tbe only ground, nnder which, upun any possible clrcmn- stnnt es, tne I'cnnsv ivauia Ktilruad can pretend she has any possible rights whatever to be heard In It. Iheonly connection between the Pennsylvania Knilroed on the one hand, and the Atlantic and Great Western on the other for they really repre sent the two parties here Is that contract which was made in P-mi between the Sunbury and Lrie and the Ca'awissa. These two companies have enL cf them It respective orbit in which it moves and lives and has its being, there is no place where these orbits touch except at a place wbere they are brought together by that con'ract, and that Is Ibe only point of attraction between them It IB tne only k round out of which can arise any possible conflict between their Interests. Now let us Bee wnnt that contract says, and we deem It to be of such a character, and It bas been so treated. that no injury to the Pennsylvania Kailroad Com- puny can be predicated or anything that was done under tbe contract, or in pursuance of tbe con. tract, cr In violation ol ihe contract; for In that case tbe plaintiff here bas a perfectly good statu In court, and bas a right to complain, and a right to the remedy Ihnt will be prepared to save that road, it was in IN)U mat mat contract was made; It was made lor the mutual accommodnton of thx two companies, who mutually subscribed it. It whb made for their mutual profit; it was agreed between them that certain work should be done in Common by both of them, and after a confusion of details, all of which it Is not necessary for me to mention, one was to carry forward the passengers or freight that might be brought forward by the other, and vice vrrta, and they were to divide tbe profits of that work In certain proportions men mined In the agreement, according lo the amount ot the work done by each company. I Buy this was a profitable contract, because no thing else hut a belief that it was profitable could have Impelled two railroad companies to eut.T Into such a contract. It Is uot pre'ended that there has been any complaint about its being a burdensome contract, by either party, from the time when it first went into operation until tbe present clay. On tbe coutrary, it seems to bave been carried into execution in good faith by bo h pHiiies, and without any complaint that either was losing; therefore, your Honor must assume that this contract was a profitable one. But it did not, however, always remain in tbe hands of tbe original parties. Tbe Philadelphia and Erie Kailroad, in 1M2, transferred all its rights nnd obligations under that contract to the Pennsylvania Company. Tbe Pennsylvania Kail road Company did not dream, at that time, that the transfer ol one side ot the contract lo it, wonld de teat that contract. 1 hey supposed that it still con tinued to exist in full force and vigor, notwith standing that one side of it bad been transferred. That exi.mple of transferral was afterward fol lowed on the other side. Three years later the Catawissa Company transferred its Bide of the contract to the Atlantic and Great Western Com pany. Now, one would think, just looking at it with some degree ot impartiality, mat if a con tract should survive a transfer ol one side of it to the Pennsylvania Kailroad, that It would not suf fer death when transferred, under precisely simi lar circumstances, to the Atlantic and Ureat West. em. If botb were properly transferred, then, the Pennsylvania Railroad and the Atlantic and Great Western Company stand in the shoes of the origl nal parties, and whatever rights are secured to the Pennsylvania Railroad by virtue of that contract bhe ought to be protected in, and whatever duties and obligations are due from the other side ought to be strictly enforced bylaw or in equity, aa tbe case may require. We therelore assume that, if the Pennsylvania Railroad has suffered no damages at the bands of tbat other company, underor in respect to this con tract, she has not a perfectly sound case, either for a court ot law or a court ot equity tt decide, and she is entitled to no redreBs. But what is the right she baa under the contract I now could she be damaged by anything in respect to ill Why, tbe right tbat she bus is to have tbut contract faithfully kept and performed on the part of tbe Catawissa. But then she admits in this bill that tbe contract bus not been broken. There is not tbe sligbest ap prehension expressed tbat it will be broken. On the contrary, they say tbat It has been kept down to tbe present day, and they bave received a no- tlce, which tbey manilestly believe to be trne, that it is going to be kept by the other' party until me utmost limit of time, or until tbe cun tract expires bv its own limitation. Wbere then is the damage! She complains tbat she has a contract, out of which she has been making money, which contract is to be kept, and the income which she has derived from it hereto fore will continue lo flow into the pockets of the Pennsylvania Kailroad Company, and yet sue comes here asking for an injunction depriving herself ot profits. Now, supposing It to be illegal, supposing the contract to be all wrong, and suppose it to be forfeited, suppose it to be void in consequence of tbis transfer, what then I Why all that the Pennsylvania Rail road has then to complain of Is that we are proposing to carry on u contract which is not strictly according to law, which we are not buund to execute, or wnicn is not oonna to ne executed on tbeir part; but as it is profitable to them we are will ing to do it. We propose to go and put money in their purees, and she comes here to complain oi it Now this is truly a most edifying spectacle to see the Pennsylvania Railroad stand up and lay her great band upon her corporate heart, and turn up tbe whites of her corporate eyes, and say tbat her conscience is so sensitive that it la impossible for her lo receive money which the other party is not strictly bound to pay. It wonld have been a very' little more edifying to tbe people of this wicked 1 world if she had thought of tbat tbree years soon er, because if tbis contract is broken now It was void tbree years ago. But what Is she likely to suffer now? She can relieve herself, and if Bhe does not want this mo ney, and If her conscience is too sensitive to keep it when she gets it, let her throw it into the West Branch ot the Susquehanna. Let her roll op the greenbacks and tie a stone to them and throw thera wbere they can never be fished np. Or let her do as sbe has been in the habit of doing, appropriate It to pious purposes. Or let her send it down to Washington to pay off tbe national debt. I will guarantee tbat when their pocket book comes back It will be empty enough to satisfy the most dis turbed conscience in the company. Now let them show their patriotism by a cheap, euing of taxes: let tbera reduce the tax on whisky und give us cheap drinks again, as we bad in tbe good old days. Now assume, if your Honor pleases, tbat this is the only shape in which this case can be viewed, and tbat the contract is both burdensome and Illegal, aud that It can only be executed by the Pennsylvania liallroad at a loss to her, and that sbe is not bound to execute It at all. Tbe remedy is in her own hands agcin. All she has to do is to stand up and say, "it is a perfectly void contract." According to her Idea her defence, it any suit is brought against her for not executing the contract, Is a perfectly valid one, and in a court of law, every way that you take it, there is a total absence of a necessity lor injunction, a total ab seuce of all injury to the puny cumplaiuing either, In tbe past, present or future; there Is a total waul of niipwui UMtlice noi', that makes the enforcement of a chancellor necessary In any case concerning the rights of private parties. What is it that has cuused this bill to be broughU There caunot be auy sense of in jury arising out of ai y of these contracts to lbs Peunsylvauia Rail road Company. That is impossible, first, in the nature of things, and next, a stronger preeump. Hon, recHuse they have not complained of m Injuiy there Is no run pitunt of n jury In 'hei1 till, i.or In bny aigutneui we have yet beard. Itl. only that the Pennsylvania Railroad regards herself as being now engaged in a kind of civil war, and, like all belligerent parties, she reg.nrds any injnry done to her adversary as so much clear gain to herself, and tteieforeshe comes Into this Court and says, "1 have a contract, to be sure, by which I can make money if I continue to execute it, but I must give It up at a loss lo myself, and I Will do lit provided 1 may cripple any other com pany I mny regard as a rival." Now, 1 would hesitate anont Imputing that to her. 1 would hesitate long before accrediting that to her, were It not for the sstonnding foot that tbe Pei nsylvanla Kailroad has absolutely written that down In her bill, nnd tiled It in Conrt, with the signatures of tbeir counsel to it. Would gentle, men do such a thing as that without Instruction from their clients 1 The only reason they give for It is that they do not wish to execute that contract, been use if they do, It will benefit a rival company, imd they take that bill into an Impartial court of jiis'lce and ask that trlbnnal lo nrm ber hand with the bolts of vengeance for the purpose of hurling them against those whom she chooses to deem ber toss, lor their destruction. They will never be permitted to do snch a thing in a court of equity. Tbey can never mnke a court of Justice the lus.ru ment ot snch vengeance. Now, If yonr Honor pleases, I ought perhaps to go over some of the pnblic ground that they have taken. I might show, somewhat in extrntn, that the rights of the State are safer In onr hands than in the bands of the Pennsylvania Railroad; thatthexe rights of the State, the-e interests of the Slate which bave been commitud Into our hands are rale In ail respects, and that the duties thai are to be performed by the Pennsylvania Railroad Com. pany are those alone which she bas any kind of rigbt to consider. I might go over that, but really for the reason that I have mentioned to you at the ontset, I do not think that it Is consistent wilh the respect I owe this Conrt to say anything except as regards these bills, presented to be adjudicated in this case, butsncb as concerns the private Interests of the parties; and therefore I have said mv say. WATCHES AND JEWELRY. mmwm If "fl lir is VIlT lMnvn lirilTT' c. nivr-rri. WATniEH, inn-EMtr a M:.vrtt wu:k. .WATCHi;3 and JSwELZY HZrAIItSD. WATCH! S AND CORAL GOODS. A laire invoice of Ladles' and G sals' Watches of the best makers; and FINE COItAL SETS, To wblcb (he attention of those about purchasing Is In vited. Just received by LEWIS LADOMUS, Diamond Dialer aud Jewbllkb, 12 20 No. 8A2 CI1H8NUT STREET. RIOGS & KROTIIEU, Chronometer, Clock, and Watchmakers, No. 244 S. FRONT STREET, Have constantly on hand a complete assortment of Clocks, etc., for Railroads, Banks, and Couu.ing Rooms, which they offer at reasonable ratos. N. It. Particular attention paid to the repainntr of fire Watches and Clocks. 161m (J1101CE HOLIDAY GOODS. Large and handsome assortment of COLD AND SILVER WATCHES D1A3I0KD3, JEWELRY. f SILVER AND PLATED WARE CLOCKS. BR05ZES, EIC. CLARK & BIDDLE, Successors to Ihomas C. Garrett, 5 22 lyrp No. 712 CHESNUf STREKT. WATCHES, JEWELRY, &c. MUSICAL BOXES. A full assortment ot above goods constantly on band at modei ate prices the Musical .Boxes playing irom z to iu ueauuiiu a us. PARE & BROTHER, Importers. No. 824 CIlEfjNUI STREKT, ll llfmtljlyrp Below Fourth. RICH JEWELRY. JOHN B REN NAN, DEALKB m DIAMONDS, FINE WATCHES, JEWELRY, Etc. Etc. Etc. 8 20 ly No. 18 S. EIGHTH B i KKET, FhiUda. HENRY I1AEPE11, No. BSO ARCH STREET llanniaotaror and Dealer ia Watches, fine Jewelry, Silver-Plated Ware, AMD 8 80 ly - Solid Silver-ware. COAL. COAL! C O Ji. LII BEST QUALITIES OF COAL AT LOWEST MARKET RATES, AT ALTER'S COAL YARD, IsriNTEE STREET, BELOW CIRARD AVENUE. I5KANC11 OJFICE CORK OF SIXIH AND uritlNG GARDEN blRfKTS. 21 J A M E S O'BRIEN, PEA LEU IN LEDIUH AND SCHUYLKILL COAL, BY ME CAEGO OB SI2TQLE TOJV. Yard, Broad Street, below Fitzwater. ' tit oonmanily ou hhnu a oomoutent snpply ot tht liov superior i oai, suitu biH lor lamny use, tc i.icli tin ca in tne attention of tiu friend and tbe public ireutfrnlly U:dui loll at o 206 ft H 'H street, No 82 8 fcTeiitetuth street, or tlirouub Dcsuktob or font Office, proo ptly st'i ndcil to A bClUblUK tjfJAUIY OK BLACKSMITHS COAL. 7 81, FIRE AND BURGLAR PROOF 8AFE9 JIIE FIRE IN CIIESNUT STREET letter frcm Wells, Parijo & Co. $10,000 SAVED IN JIKKRINIVS TATENT SAFE. rnitipp.LrniA January 1, 188. 2IKSRHS Fish fx, Hebiuko A Co. Ocntlcmsa i W Im re Just opened ourPsfe, ons of your manafsctars which psssed through the destructive fire in Cfaesnat street Inst night. The Safe was In oar oftloe, No. WT, which building was entirely destroyed. The fa's was la a w arm place, as you msrwell suppose,, and'Was rti hoi when taken ovt of the embers. We sre well satisfied w lib the remit of this tual. and find our books, papers, and some ten tlioaxfinrt dollars In money almost as sr fectaswhrn pnt In the Hafe. Kothlng lslnjarad.lt we except tl e leather hlndlnas of the book", which an steamed tbe money and papers areas good Merer. Truly yours, WELLS, FARGO it CO., Per J. II. COOK, Agent Tbe above 8afe can he seen at onr store. PARREL, HERRING & CO., 11 o. 62t CUETJT fTBEET. gEVEIlE TEST OF MAHVIN'S SAFE At Charleston Eire, October 18, 1865- "After remoTlnir mr " (one of Marvin Co. 'a Taienti from thu mliis, wbere It had Isin lor irrr Ti'KKKA' urJ rrpt t'd'O m'tnte At of. 1 ound my books In a perfec state ol preservation I exnress myde urht and entire sa isa;tlon with the result aud haardl ad vlM all to purolis.se Marvin & Uo.'s ,-aies. (Blsned) "W. H. CHAFER. " A full assortment of the above SAFES, the only per fectly dry, as well as thoroughly fl re-proof ones in the market, for sale by 1UA11V1N & CO.. No. 721 CUESNUT STREET, (Manonlo UaU), rhlla. No. 2f.5 BROADWAY, N. Y. Dwelling Koajc Haies. ornamental styles. Fates oi other makes taken In exchango. Send for descriptive circular. 1 20 lm ANOTHER TEST or HF.UBTNO'8 FIUK-PROOF 8 A FES. THE FIEBT ORDEAL PAUSED TRICAfrHAHTLTf, The Herring Hale nsed In the office of oar warehouses, destroyed by the dissstioui Are of the night of tbe (Hk instant, was subjected to as intense beat as probably soy sale will ever be subjected In any tire so Intense tbut the hraxs knob and mountings of the exterior of sume wore melted oil and the whole surface sealed and blistered as It It had been In a furnace, and yet whea ODened the contents books and papers wets foood M be entire and uninlured This Sale Is now on exhibition In onr warehoaaeew Seventh street, wl h the books and papern stlil rental lug In It InKt a It was when taken from the ruins. Mer chants Bankeia and others Interested In tbe proteoties ot their books and papers are Invited to call andifci amine It. J. P. BA THOLOW, A gent tor Herring's fi'ra, 11 No IW RF.VENTIi St. Wahlngto. D. O. TEAS, &o. TEAS REDUCED TO $1, AT INGRAM'S Tea Warehouse. No. 43 S. SKCOSO Street. "l)OASTED COKFEE REDUCED TO 30 CIS. J at I Mi HAM'S lea Warehouse, Mo. 43 S. SECOND street 40 ,C. BEST 511 1.D COFFEE, AT INGRAM'S lea waronouse, o t,i b. nr.i uju ntreec. fTEAS AND COFFEES AT WHOLESALE 1 prices, at INCUVM'S Tea Warehouse, So. 41 H. 8KCO& li Street. Try them. jpiREKN COFFEES FROM 22 TO '28 CT3. A V J pound, at ISUKAM'S Tea Warehoaso, Mo. 41 S. 8COND Street, try them. Hi JAPANESE TEA. EXTRA FIN DC JAPOK, THE FINEST ETEB IMPORTED, Pnt np original lv for tbe French Market. For sale by James k. wienn, 1 13 lm WALNUT AND EIGHTH STREETS. :Z'U ' PBAKE I MAN UFACTURER, AND DEALER IN lltciarjraph gllbums, BOCKS. BIBLES? PRAYERS, Magazines, Novels, and all tho New Publications. CARD, MEDIUM, AND IMPERIAL PHOTOCRAPHS. Stereoscopes and Stereoscopic Views. Tictor.'! of all kinds Frame d to order. 803 CHESTNUT ST. 808 k ii'f. m J3 11 O TV N & MA GEE, MANUFACTURERS OP TIUJNKS:' VAlIKTCSa BAGS RETICULES. And all styles ot good suitable for Travellers and Excursionists. A Urge stock of UOKOCCO TKAVILLIKG BAGS AND KKT1CDJLH9, FOR CENTS AND LADIES, Of oar own Mtnuiuuiure, suitable lor HOLIDAY PRESENTS. 1126 Ko. 708 CHKsMJr STKBEl'. ONUMENTS, TOMBS, GRAVE-STONES. Etc. Just comploted, a ooauti ui variety of ITAUAJJ AlAliBLE lUOKUMENrS, . TOUBS, AND UBAVB-STOKES. vV 111 be sold cneap 'or oasn. Work sent to an? part of the United States. HENRY S. TARR, MARBLE WORKS, 1 24wrm Wo. 710 GBKEM Street. ITiUadeipaia.. BR1DESB URO MACII1MB WORKS, OFF1CK, Bo. M '. FHOMT STREET, HILAI)KLI'HI. We are prepared to tut orders t any extent for ear well knov-n MACHINERY FOIt COTTON ANT) WO01.LEV MTLLft, Incluillnft all receut Improvement In Oarulng Hplnulna, anil Vt raving. We Invite the attention ot manufacturers to onr eita ve works, ,11 ALFBFO JENK8 BON. NEW MUSIC STORE. WILLIAM II liONlU CO . No. 1102 CHF.8NUT tiet. Dfalorn In Arrrrlian and Foreign alumc pianos, Helo oVoim, aiu! kiutiical lnxtruuientHol a I kiiijjj alo.ant rlotciuuhy ot tjuiugs coUMautly on baud. U13m iMS i1' IS 1!' I ----- - izrrVyS-'-t ii
Significant historical Pennsylvania newspapers