Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-04-14


own Commonwealth, g far, TO negative
This opinion. The Reading railroad ami
the Schuylkiil navigation, run side bv
side, with each other, from the coal mines
IN Schuylkill county, TO the city of Philn-
dclphia. Before the construction of the
raj road, the stock Of that navigation.
(par value $50 share) brouyh, IN m,r
ket, one hundred ani sixty dnllars-;t is
now sold Tor thirty five dol ars the share:
and the recent reports Of the railroad
company, show that they have carried
coal, distance Of ninety-six miles, for
the sum OF A and eigh, tenths cents per
Ton, which can further be reduced by the
employ ment of iron coal cars and loco
motives OF greater power. In cOnnec
ton with this part of the subject, 1t will
be well 10 remember, that it is alleged
that the costs OF transportation on the
Baltimore and Cumberland railroad,
without incline p'anes and stationary
power. is only one third of the cost on
the Philadelphia and Columbia road.
Your Committee might here close their
report. but the bill which has been refer
terred 10 them, (and which at the special
instance and request of its friends, thew
have not amended in any Way is so dc.
ieclive in lis details, and is so conn lele
surrender OF the interests and welfare of
Pennsvlvaniu, 10 an irresponsible, soul
less, foreign corporation, that they must
ask the attention Of the house, 10 n few OF
ITS most Objectionable features. No pro-
vision IS made in the bill, for an inte rsec.
ton with road in Virginia. Maryland
alone is required to give her assent, and
your committee view this, as but petty
and Insignificant boon, Tor the Legislatur re-
OF Mary land have no right 10 authorize
connection with the road, within the
limits OF Virginia and it is on the sou,
side of;he Potomac, from IIarper's Ferry
TO Cumberland, that the road is con
slructed.
Tho fourth section OF the bill, provides
that the company shall not charge less
tolls. than the average Of tolls per mile.
hsed on the Columbia and Portage rail,
roads, for the year one thousand ciph,
hundred and forty five. Should our pIe.
sent tariff Of tolls be found 10 be too low.
and IT we are compelled TO increase them.
there IS no provision that the Baltimore
and Ohio railroad company shall increase
theirs.-nor is there any provision against
draw backs, and. even, although the cor
poration may preserve the same rate o {
tolls part passu, with he tolls on our rail
roads, yet low rate Of freight, land the
company themselves are the carriers) will
enable them TO evade the barriers tina,
are attempted to be lhro 4n around them
by the terms Of this section.
While the 9th section provides, "that
a convenient opportunity shall be allowed.
permitted, and given at such points of
intersection Tor persons or ihings travel.
ling" .or our citizens, AMI tho 9Th section.
that the rates Of toll on the persons and
lhlngs SO travelling, shall lie on equal
terms with the persons or things trans,
rorted bv the company themselves, there
Is no provision f,r furnish ing our citizens
with motive power. nor are there any
penalties affixed, for a non com pliance
with the terms OF the bill.
| The lOtl section is most strange a
nomaiy-the Pennsylvania Legislature
does not prescribe by her own laws the
mode snd manner in which damages are
to be ascertaned, but very kindly enacts
the fifteenth. sixteenth and seventeenth
sections OF the Maryland act. Mos, per.
sons would have presumed that we were
competent to make laws, Tor The preser-
WALTON OF the nights Of our citizens, with.
onl Incorporating by mere description tn e
provisions Of an act Of another stale
ibis, however is NOT The most serious OBJ.
lection. The IL h section OF the Mary,
land act provides that the company may
use or occupy lands, &c. without waitin Q
the issue OF the proceedings. where the
parties cannot agree. the 4th section
lof the 7th article OF the constitution OF
Pennsylvania is in the following words,
The Legislature shall not invest any
corporate bldy or individual with The prI.
yllege Of taking private property for pub.
lie use, without requiring such corpora
u'n or individual TO make compensation
TO the owners OF said properly, or give
adequate security therefor, before such
property shall be iaken." In the opinion
Of your committee, The mere statement oil
The question, is sufficient of itself, To show
that the terms Of The bill, are a gross vi
olaion OF the constitution and that il does
not admit OF any argument.
! The 18th section Of The bill, reserves
the right 10 the Legislature to repeal the
act, only when on trial Of a scire lacias
In court, it is determined, whether us
provisions have been abused or misusod
Ibis scire iacias is to issue 'out Of he
Supreme Court Of Pennsylvania and is
to be 'erecuied' upon the president or AM
officer or agent Of said corporation at
least twenty days before The commence.
ment OF the terms OF said court, and the
legislature is to direct or the Governor to
order the seire facias TO be issued and
the corporation is to show cause why the
act should not be repealed. II does not
provide, that the court shall have power
TO decree the incorporation forfeited, nor
does il reserve to the legislature, the su /.
premc power the commo wcahh, the
authority TO repeal the act, unless in the