New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-09-12
COMMUNICATED
Railroad Controversy in Indiana.

Railroad Controversy in Indiana.
Ii seems that the Michigan Southern
and Northern Indiana Railroad Compenies are try
ing to annoy and ob>truct the progress OF the New
Albany Railroad Company, which, IN connection
with the Michigan Central Company engaged Ia
the construction OF road from Michigan City 10 the
Illinois line. IN the direction OF Chicago, tn serve rs
"A western connection tor both the New Albany and
Michigan CITY ana the Michigan tentral Road. FOR
several years the Michigan southern Company have
been be>etting the Indiana Legislature 10 grant 10
them monopoly around the head Of Lake Mchi-
gan and thus inlure the Central Road and compel Il
Ia allow traffic 10 pass over the road controlled
by the other Company al monopoly prices The
Michigan Southern Company seems To be AFRAID OF
far and equal competition. The Legislature having
al TWO successive sessions refused 10 grant them ANY
monopo. Y of rights around Lake Michigan, they now
clam that they have monopoly under their original
charter of the Buffalo and Mississippi Compans, no"
chr>tenod the Northern Indiana Railroad Company.
and have actually Med bill IN the Indiana touft 10
Drcyeut the further progress of the work of the
Michigan Central and New Albany companies,
which II seems they are pushing forward Win great
yIgOr
W hay, taken some pains to ascertain the grounds
upon which this clam of an exclusive nght around
the head of Lake Michigan Is based. and are enabled
10 lay II tu IN before our readers intre l, hotmhS
IN the original charter, under which thev claim, al
udng AT all 10 any exclusive rght on plodglng the
Legislature against granting the nght 10 construct
other roads IN that vlclnlty. Inc chattet unutt
which the Michigan southern Road Is hlng 10 OK
tend ITS road around the Lake, Is charter Tor the
construction ot road from the eastern line of the
State OF Indiana IN the direction ol Toledo, Ia The
western line of the state IN the direction OF chicago.
and section 30 of Il provides aS follows
THAT when sand Corporation shall have procured
the right of way a. herein before provided they shan
be seized IN fee simple of the right OF SAID land AMI
shall have the sole use and occupancy al the same,
and no person body polite, or corporate, shall IN
any way interfere herewith, modest disturb or IN
ure any OF the nights and privileges hereby granted,
or that would be calculated Ia deact from or Affect
the profits of sand Corporation
This Is the only clause IN their charter which al
all affects the question: and this was plainly intend
ed To give the fee simple OF the right oil way instead
of easement. the right to pass over tue land the
tee simple remaining IN the original owner, over
whose land the road should be constructed. IL was
intended to give the Company entire and exclusive
control of the whole of Its track and enable II ts
guard against the cnCrOaChment OF It's coternlnouS
propuetors 10 IN any way Affect or annoy the Dusi-
ness OF the Company Any 0ther construction OF IL
would involve the absurdIty OF supposlng thal thc
LEGISLATURE meant TO deprive itself Of the power of
chaTeTng plank road companies, turnpike 'om-
panes railroad Companies to build roads IN NorIh-
eTu Indiana. or leading from Michigan To lnuaha,
across the Northern Indiana Railroad or manuiac-
turing Companies with tho right 20 build miitrace
under the railroad tTach Allths cannot be inferred
from sucn language as Is iound IN the twehue,h
.cciion the meaning and intent OF which is very ob-
yious When lnG state parts with such power,
and indeed with all it, power To iostef ana ucseiopo
the IL sources oi the State any part of n, by chart
erlng great works OF public improvement, the Ian,
guage by which Il parts with ats sovereignty IN thtt
extent should admit OF no doubt. be unqueSnonale N
It's import and irresistible IN It's phraseology And.
- both the Legislature and the Company have al
- ,o, -trucd II for "A period OF niteen years, Tor
So long has the chart,ss been IN existence. Ana IN
Is,6 re Comnany anphed to me Legislature Tor an
amendment to IT, charter. which was passed ana ac
cepted b. the Company When cOntaiheu inc ioi""
Ing clause
Sin case the said Company shall commence the
main line OF sad road within TWO years OF ths time,
and complete The same with single track through
the state OF lnCana within five years fromths time,
then and such charter shall be granted 10
any other Company 10 construct any other road or
roads IN the vicinity thereof which would materially
diminish or interfere nlurlonsiy win the prohts oil
SAID road within ten years thereafter
Here clear grant of All exclusive nght by
the Legislature That, however, was lost by default
III The commencement and completion OF the road.
The Company has zee, BY strenuous efforts, sought
10 procure a renewal Of the exclusive rights, and
twice the Legs ature has refused 10 grant II. These
acts, both Of the Company and Of The Legislature OF
the state. show most cOncluslyey the intent ana
meaning Of the clause IN the original cnaref "mch
indeed of ITSELF seems too obvious ana PLAIN 10 al
nit of dispute. The pretense therefore, set up ny
the Northern Indiana Company Of exclusive rlghta
around Lake Michigan, II pfetehse ony, ana mas no
basis 10 rest upon. II cannot be maintained IN any
far Court such u the Supreme Court OF the state
OF Indiana Local Judges OF subordinate trlbunab
may perhaps be found Influenced By local feelings,
who NAV lend themselves 70 promote the interests
of one of these for a tlme but all such attempts
must IA disreputably and dlscredtably to the party
which seeks to annoy the other. And as the la" oil
Indiana as We are ADVISED allows appeals from or
ders granting nlunctOns such efforts, even for tenn
pOraTy annoyance, will. We think, idll.
# the Michigan Southern and Northern Indiana
Companies are striving 10 get credit and create
false and fictitious value TO their stock and bonds In
the money market by such procedure and BY ere
ailng and keeping up an impression that no othef
company can build road around me Lake, we tnns
they mistake their true policy, and We feel assured
they will fail, and will, IN the end experience the
fruits OF endeayorlng 10 palm OF upon the public
false
We understand that the Michigan Central and
New-Abany Companies are pushing forward theI
work with great ygOf, and expect 10 have road
completed 10 Chicago by the LIST Of January next
Michigan Ctty, Sept. 3, 1851