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

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New York and Erie Railroad.
rxrRAcTs MINORITY RrroRr.
The undersigned respectfully submit their report, in
obedience to the following resolution NJ Wa,
| In ASSEMBLY, January, lath, 1871.
Resolved, Thst Frederick whiulessy, Orville w.
Chiids end job Person the minority ofths Commission
named in the passed May Ith 1916, amend an
act in relation to the construction Of the New York and
Erie Railroad passed May isb s45 and for other pur-
poses, BIO requested report this House speedily
practicable the results of their surveys and examine.
TOSS and the for their decision in disagreeing
with report aud conclusions Of the sry o. said
commissioners. by order.
"P D. raINDLE, Clerk"
BY the fh and sixth sections of the act 1t Is made the
duty Of the commissioners 10 adjudge aud determine
whether In their opinion, practicable line be
tween shswangunk ridge and Deposit through the inte
rior Of Sullivan comfy the and between De-
post and BDghampton by the Nineveh route in the other
case exists, which the company construct their
railroad without great prejudice to the public interest
of this State and the Interests of the citizens Of this
State collectively considered who In the judgment Of
the commissioners will be affected by the construction
and location of such railroad.
| The objects of the original charter to the company
clearly were provide for the citizens Of the southern
tier OF Counties such facilities for uncatng with
the commercial metropolis Of the State as would, to
some extent place them on equal footing with their
fellow Citizens in those portions OF the State by
canals
lature. 10 provide for the construction Of q railroad
through the southern tier of couotes and that such rail
in the southern tier II such should he found
to be in any manner feasible practcsbo The project
OF conning the route Of such rond wholly and strictly
TO the southern tier Of counties not to be abandoned
departed from, unless Tor strong ind controlling
soma hence, the original charter required the route Of
ties ami forbid the company at point to connect with
any railroad of .ylvania, New Jersey, or any
railroad leading to either Of those States, upon pain Of
forfeiture OF their charter.
Hence. the company have constructed portion Of
their railroad through the mountainous district Of Rock
| enCOuEtertng
and surrounding obstacles and obstrucuons which
lug through portion Of the State Of New Jersey
TO old in tho structure OF work Of this character
loaned its credit the company 10 the amount OF three
millions Of dollars and finally encourage the advance
men Of the project made provision for the
debt upon the completion Of the work.
Tho citizens Of our State RESTING in the vicinity of the
Sullivan county were originally jealous in the prosecu
.n OF this great enterprise. 10 their unwesrsd
act Of The successful ccnsructon q the
Erie and Champlain Canals, and the various State
the value Of real estate bordering those
while the lands in the southern tier Of countless
majority Of our citizens deemed but lust that the in
habans Of these counties who had been taxed for
State improvements without deriving any immediate
benefit therefrom, should be in measure remune
rated BY the construction OF the New York and Erie
Railroad. The aid Of the Legislature was literally
granted not believe, with the expectation or desire
state Of Pennsylvania.
When therefore, the State Of New York directed the
take into consideration the above facts
vi1 the objects Of the original charters the several
acts granting aid 10 the company and the conditions
the act 1f the Pennsylvania Legislature, it is evident
that they intended to cali the attention OF the
sioners to facts and circumstances indicating
continued and continuing desire part Of the Legis
ature Of this state 10 confse the structure their
road strictly to tho southern tier Of countess il by any
means reasonably possible to do The Legisla-
ture Of this State have this way clearly
commissioners under this act that they would have
them depart tho original intention Of
the road entirely through the southern tier OF
TO promote which pecunary cid has been often grant
ed that they would not have them submit to the
tuns OF the act O. The Legislature of Pennsy
unless in their examinations and surveys they should
discover such strong and stubborn facts to make
partugc from the original object vi the charter
hs territory Of this state, matter of absolute necessity
The surveys made under the direction of tho commits
ioners, show more favorable state Of facts some
respects upon all rou,es those presented in this
pston Of tho company asking Legislative permission
TO 60 into the State Of Pennsylvani
Ia the sullivan county route maximum grade gon,
east by the petition stated sixty feet TO tn
milo, aud the maximum grade on the Delaware rive
route was by the same document stated fttytwo tee
to the nile In the surveys made under the direction
OF the commissioner the maximum grade going east
found to be Only forty Ave feet the mile. The h
grade on the Delaware river route, fifty feet tn
mile. On the Nineveh route the maximum grade wa,
the petition, stated at eighty. two mile an
made by the commissioners, the grade 90 til
Nneveh route found to he sixty Ave feet, and tn
Great Bend route to Do sxty.e feet to the mile
The surveys made under the direction OF the commits
sioners snow very clearly that there exists pract
line tor the construction OF railroad thi oush
Iior OF sullivan county between ShawangunK ridge
Deposit and also that there exists Ike prscioabis
line the construction a railroad between Deposi
and Binghampton by the Ninevsh routs.
This difference in annual cost divided by the estms
ted difference per ton the interior routes $50
divided by 40 e75 cents will give l45 900 TONS as th
that be transported each year on The int
rior routes, and leave the economy of the adoption
rnntA furo h. a.
construction &C., and the transportation OF freight the
same
From the surveys made under the direction Of tAs com
issiosers, and the facts appearing in proof before them
established that there 0.H Be hsGpfsr grades /,
the truck Of the railroad IN counties both
Suliivan county, than D be the line 81
the raiiroad through the interior Of suuan county, de-
snated BY the recent surveys The seventh section
the act, in directing the commissioners TO max
. q comparison OF the grades or elevations an
dspressions and curyatures, in the line or trac
of the railroad in other counties east and west
words declare that it should be found that there o.
listed on the line through the interior Of that county
rades AMI favorable curves than was foun
exist the track Of the road in east al
that county should be established; rery clearly IL
Inmates that such should be found TO be facts the q.
tabshent Of the interior line erpscfeG be the
suit. Inc company in their application to the Legisls
sture, represented the maximum grade through in
terror of sullivan county at stnv feet TO the mile
The commissioners have ascertoined that line cal
be found with grade OF but forty Ave feet the mile
which 10 less than the maximum grade tho Deswar,
route through Pennsy vania There are II is eded
grades in the track Of the road the both eat
and OF Sullivan Of greater elevation than forty
feet Take all these fscts together coupled lin thu
directions Of the seventh section OF the to this por
ton Of the road and the conclusion is almost
that the Legislature had the fscts before then
which before the commissioner, they would hav
established he lines through the interior Of IN, county
SuiIipan, without any reference 10 commissioners.
IL does indeed follow, that because the grades
the counties east and west Of Sullivan heavier tina
those on the Line through that county the trsc tn
road would not DO relieved by more level and favoro
bio grade between Shawangunk ridge and Deposit. Blu
when that the Legislature have, with per
tnacy insisted the construction Of the road through
each county in the Sullivan line. and have compelled H.
construction through all the obstacles Of Rocksnd
Orange counties. when the traffic Of the road woult
have been much relieved by divergence into hs State
Of New Jersey, think II does follow that they do
intend to authorize divergence into other state e
secure favorable grade, unless the grades upoI
the Line within this State CLEARED greater obstacle.