The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-18

gonce than the facts would make the Gaze az
csunty such are the fair nierencss be drawnfrom
tons of Legislative intent the conclusion IL irYcs,s,,S
that from the facts before the no authorit
for the construction Of the thu Delewara rcr
should be given but that under the direction of the 1
section Of the act, the line Of the road should be establish
cd through the interior Of Sullivan county
apparent to that the egislaors. the time Of
ouE appaintment kept steadily in view tho in.erss,s q
If the interests OF the company DO principally
regarded, the appointment OF commissioners
could ard probably would have located the road ether
OF Tie State 10 doTive the greatest pess
Die sdvsntsgss from Inc construction But me Lsgis!s
routes existed through this State on which the said
pany could construct their road without great prejudice
&c designate and specify such lines and IN regard ~
Sullivan county route apprehensive that
cable line might exist confined to that county alone
OF Ulster county and that was imprscicsbls the com
pany had the privilege of leaving their contemplated
%
county Thus Clearly indicating express desire 70
confne the road within this State.
Ia view Of all Legislation in relation to this road
had the Legislature ut the time Of appointment been
aware that the maximum grade Of the route through SUI
Ivan county only as feet TO the mile, ascending
east while the Delaware II Ia 20 feet that ths
maximum grade the Nneveh route 10 only IS feet 70
IS feet that the ss of construction OF the road on Ae
two routes through Pennsylvania would be mere than
half million Of dotlrs beyond The cost of contribution
this State; nay more, that the expense Of keeping
rood repair far located in Psnnsylvasa su be
company
the annual expense Of repairs on s vo rsuss IN this
State to believe that the Legislature
Of our own State would have settled the location without
hazard nothing in saying, that OF the time Of sp
pontment had been manifest that the maximum gradss
both the interior routes nearly equal with the
grodes both east and west Of their tsrminations Le
gslsturs would have located the road wholly in this
Sss EVENT. the expenses Of IT, construction on the In
terror and exterior routes had been equal.
We believe that there serious objection
nssmuch Is that sas. although con.ss
eddy bere6ed by the construction exacts tribute IRON
n: 81 ' 20 s
that Stae) to the same taxation 1t imposes upon it, OWL
works. requ ring also that the company should P.5%
chartered thereafter to be chartered BY the state o.
Pennsylvania at any point in that State requiring the
company to regulate Its tolls and charges that they
should be at time greater or ton on
the road in this State west Of Emrs than an equal
transportation coal should be limited and half
ton per mile requiring the said company under
that s affairs and business done upon said road
and account Of the number OF passengers, produce,
&C. transported the whole lne Of said road and final
y reservng the right repeal this for violation oe
OF the privileges purported TO be granted to the com
twill be seen therefore, that after this great work is
completed, the Legislature OF Pennsy vana at any
Eme interrupt aud prerent its operation We do not sup.
from work constructed by the liberal donations Of
State and the capital Of citizens will prevent s
by capricious Liquidation the objection IT, that sho
has the power determine whether citizens shaii
shall not enjoy the benefits Of this road after it
structed.
The under signed have thus compliance with the
solution OF tho Asse mby submitted at length tha
which induced them differ with tho majority
Of the commissioners the proper deern ins'ion 70
be made under the act comforting the power 10 adud
| cate.
The substance Of such Is, that the functions
the commissioners under tho aot judicial rather than
Legislative; that their discretion and Judgment
controlled by the directions Of the act and tnat upon ha
presented for their consideration the provisions Ct
the act required them to dudicate the establishment Of
the interior lines and not permit the company to CON
suuct any portion OF their road without the Limits Of
| this State.
The undersigned regret the delay which has occurred
in submitting report in obedience TO the resolution
The discharge Of other indispensable pubc ufies s the
only apology they have to Offer
All Of which is respectfully submitted.
| +. WHirTLYsEY,
! ORyILLE W. CHiLDS,
! JOB PERSON.