The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-26

and the charge complained of was general
charge for the whole distance between New York
and Trenton, without specifying what proportion
was for the water transportation, and what for the
transportation the Trenton road, II is not appa-
rent that they have charged than by their
charter they were authorized to do, and that in the
absence of proof, the legal presumption is, that the
excess of their charge over eight cents per mile
for that part of the distance where they unre-
sricted in their rate of charge. Such is the argu-
ment of the company, and this presents the ques-
ton, whether their construction of their charter
can be sustained The plaintiffs were incorporated
by act of Legislature, on the 4th of February,
1890, Railroad and Transportation Company,
and by their charter were invested "with all DOW
necessary to perfect an expeditions and COM
plete line of communication from Philadelphia to
New York; and il was, by their charter made their
duty to provide suitable steam or other vessels at
either extremity OF their road, for the transporta-
ton passengers and produce from city to city,
that no delay should occur for want thereof"
The 18th section, then, before alluded to, gives
the company the right to demand and receive
reasonable tolls for the transportation of persons
and every species of property whatsoever thereon
provided that for the latter such tolls shall not ex
coed the rate of eight cents per ton per mile. The
provisions of this section, taken in connexion with
tho6general object of the incorporation, and the
whole scope of the charter, are by no means am
biguous-the oily difficulty (if any there be) in
the construction of this section arises from the
word thereon" which the company construe as
applicable only to their road, and not to the trans
portation from South Amboy to New York in their
steam or other vessels. But if this construction is
right, then the company have no right or power,
by virtue of any elpress provision in their charter,
to regulate or to demand and receive reasonable
tolls for transporting persons and property in their
steam and other vessels. The legislature surely
never intended after requiring the company TO
plete the whole line of communication between city
and city, by means of steam or other vessels) to
limit their right to demand reasonable tolls, on a
part only OF that line-and if the right TO demand
and receive tolls extends by their charter to The
whole distance between city and city, the Limitation
to that right must be coextenslve with the right it.
SELF The word thereon cannot, therefore, by any
fair legal constructions be confined in its appIi-
cation to the road of the company, but extends and
applies to the whole line of communication between
city and city, which the company by their charter
were authorized and required perfect; any other
construction would defeat the whole object Of the
limitation. For if the company have Discretionary
powers TO charge what they please for the trans
portatlon of persons and properly between the
extremities of their road and the two Cities it would
be idle to limit their charges upon their road for the
transportation of such persons property as may
be carried by them from city to city. In the con-
structlon of statute all parts of it are be taken
into consideration, and words to be so construed
as to carry out the manifest intention of the legs-
lature, and the object of the statute. Upon those
rules, think the word thereon must be esteemed to
apply to the whole line of communication COM
pleted by the company, between the cities of Pha-
delphia and New York, and that the company have
no right, under their charter, to charge higher
rate for the transportation of property than eight
cents per ton per mile, whether carried in their
boats or in their cars
II is further insisted by the company, that this
limitation to the rate Of toll docs not extend to
the Trenton road, but that they are at liberty to
make such charges for transportation of property
that road they may see fit, and that therefore
the. judgment below must be reversed. | cannot
find the ground for such an Interpretation of the
law. By the act Of the 18th March, 1897 the
united Delaware and Raritan Canal, and Camden
and Amboy Railroad and Transportation Com
panies were authorized to make this Trenton road;
and by the I'd section of the law, they declared
subject to all "the provisions, conditions, Liabilities,
limitations and restrictions to which they were then
subject under their several acts Of incorporation"
If am right in my construction Of the 10th section
of the charter of the railroad company
1t will follow that the limitation in that section
applies, and is In express terms extended by the
act of 1887, to the Trenton road. think the judg-
ment of the justice below should be affirmed with
costs.
x. s. Field and Stacy G. Potts, for appellants.
William Haisted and Gop. Vroom, for appellee.
1t would appear from this opinion that no more
than some 33 cents per cwt should have been
charged by the company for Transporting merchan-
die from New York to Philadelphia, and yet until
last June their charge was so cents per cwt.
swarm Of suits have been entered by parties in
Philadelphia and New York to recover the penalty
(sl00) for every instance of overcharge; and should
the opinion of the court below be upheld by the
court Of errors, the joint companies will be ex-
posed to hail-storm of law business, notwithstand
ing their adroitness in procuring delay of the
argument in error until the bills generally were
outawed The statute Of limitations, which re-
qures the penal action to be brought within year
after the offence, alone saves them from a sum of
penalties which all their enormous property, sold
thrice over, could not liqudate. The doubt to
the view the court of errors might take Of the case,
has kept hundreds, who would have sued, from
doing so until it is now too late. The company for
year past have charged only the legal rate, and
have thus escaped the ruin that seemed imminent
twelve months since.