Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1852-08-14

well to throw almost the whole weight OF
their argument upon that point. Wehave
considered it with the care which is due TO
a question involving interests, public aud
private, of so much magnitude.
In 1887, the Legislature incorporated the
Sunbury aud Erie Railroad Company, with
authority to make railroad from Sunbury
10 Erie, but without any authority to extend
their work further south or east than Sum
bury. By this, their original charter, they
had no more right to make road from
Sunbury TO Harrisburg, than il they had
never been incorporated at all. Such was
| the state Of things IN 1851, when the char
ter was given to the Susquehanna Compa-
ny. The act which brought the latter
company into being, gave them the privi-
lcge OF construction their railroad along the
Susquehanna river, between Harrisburg and
Sunbury, by a route to which nobody else
had any right or pretence of claim. On
the faith Of this unequivocal grant of au-
thority to construct their work on a tract
then entirely open TO their enterprise, they
raised the capital necessary for the purpose,
and prepared TO commence it. II is at this
and Erie Company set up their claim as
grantees from the State of the same privi-
ege, and assert too that they have a legal
right to make a road between the same ter
mini, along the same valley, and by the
same intermediate points. Did the Legis-
lature intend that these two companies
should each have equel authority to con-
Struct the same identical work Did they
desire or expect that two railroads should
be made between Harrisburg and Sunbury,
and conducted by two different companies
1t seems TO US extremely improbable that
this could have been contemplated.
! Doubtless it was very desirable that an
improvement SO important to the northern
part Of the State, should be finished as
soon as possible, but the struggle between
two companies, invested with the same
privileges, each having an equal right TO the
ground, would be more likely to end in the
ruin Of both, than to give either fair
chance of success. Legislation like this
would not only BE- injurious in its effect on
the public interest, but i would be a wrong
against the company first incorporated
whose stock, subscribed in confidence OF
the good faith OF the State, would be greatly
reduced in value, and perhaps rendered
worthless. This would be such violation
of Justice that no one would expect to Sc,
perpetrated by the representatives of a peo
, pie who love the right and hate the wrong
like those OF Pennsylvania. The improba
bilIty that the rival corporations were in
, tended by the General Assembly TO b
| clothed with equal power TO make the sam
= road along the same route, is n6ntel,
t increased, when we find that no pro
e vision is made, for settling in any lega
r way the innumerable disputes which in tha
S case must necessarily arise between then
S We assume that it is practicable to max
e both roads, and practicable it doubtless u
d at least in that sense in which anything
: practicable by those who have the comman
n Of very large means, and are willing to US
+ them unsparingly. Nevertheless the choc
|, of the best location, especially in the ma
: row parts Of the valley, or where the rive
e washes the foot of the mountains, may
d of such immense value TO the party whic
y gets it, that it would be ficrcely con!este
Ie for. How is such a contest TO be settled
d Shall it be determined by the wager of ba
v tie? Or in what other form shall the al
is peal TO force be made! The wisdom of tt
ID State has furnished no law to settle it b'
v by the law OF the strongest. The strugg
u would not cease with the survey, and whe
pr the building OF the two roads would brir
n thither thousands OF eXcitabe men, the pr
eff liability OF violence and boodShed won
" be very great Surprising the road to
is made, and the cars and locomotives OF II
m respective companies to be running side
e. side, and sometimes crossing each othel
track, what hope could be entertained tn
$ they would regard each others conver
MS ence and interest in such a manner as
in keep the peace and avoid collisions dange
. Gus to property and life? Certainly Il
nd least desirable OF all things would be tv
re railroads thus lying together, interteri
r. with each other, and conducted by riN
Y; and hostile companies. The most extra,
le- giant and wasteiul expenditure of capi
he which can well be conceived OF, would
nv that OF the millions which, according to t
its defendants opinion, the Legislature mea
he TO have thrown away on this double ent
IN prize.
De- Perhaps it has never been heard of
lgs fore that any leglehtiye body in this Unic
lly or elsewhere in the civilized world,
created such a difficulty in the prosecuti
md oil internal improvements, or adopted a
hat measure so full fraught as this would be W
ow impolicy, wrong ana peril. These cons
a erations are sufficient 10 induce a care
the examination Of the statute before we ad,
uld the construction contended for. When
nc Legislature means to invade preyiou
vested rights, to disregard the public int
my est and endanger the peace of the Comm
ue- wealth, its intention must be expressed
the terms free from all ambiguity.
cen One argument has been used by the
, of PENDANTS counsel which at first seemed
hts to be without weight. 1t was couten,
the that the purpose OF the second law was
the give Philadelphia the advantages 10 wh
acts she was fully entitled, and to prevent I
de- timore from competing with her. II
inst natural and commendable in the Legi
iter ture TO guard the interests Of our comm
,ese cial metropolis, anG perhaps not less 81
this feel some jealousy OF rival city. If tn,