John Black et al., Complainants, and the Delaware and Raritan Canal Company et al., Respondents. Brief of John P. Stockton V. 1

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1 John Black et al., Complainants, and the Delaware and Raritan Canal Company et al., Respondents. Brief of John P. Stockton 1873

handle is hein.trials/abja0001 and id is 1 raw text is: JOHN H. LYON, Printer, Jersey City.

Between
JOHN BLACK AND OTHERS, Con- On bill to ejoin
plainants, -n a lease of the Corn-
and - yanies' works to
THE UNITED COMPANIES OF NEW the Pennsylvania
JERSEY AND OTHERS, Defendants. j I. R. Co.
Argument of ATTORNEY GENERAL GILCHEIST.
May it please your Honor:
I appear before the court in this case in my ojficial capa-
city alone. I am retained for neither party. The cause is
really a private one between private parties. The state is
a holder of shares of the stock of the United Companies,
and according to a familiar practice, is allowed to be heard,
though not a party in a case of this kind. It is the interest
of the state-even assuming that by the terms of the act
of 1870, it has consented to this lease-that it should not be
made, if the act does not make the provisions necessary to
pass a good title to the works and franchises. Such an
abortive lease would not accomplish any good purpose, that
the legislature could possibly have had, in giving its consent
to the making of a lease.
It seems to me that the act of 1870 does not make the
necessary provisionlr , justify a lease, against the consent of
a minority of the stockholders, and that neither a lease to