Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1852-07-30

I
- are dissimilar to themselves. Trade an
&C commerce are antagonists of barbarism
!. and awaken those feelings of reciprocit
and good will, which bind men togethe
A community of interest, makes bond {
peace and unity.
But my remarks have extended beyon
my design; and l am not sure but the
arc superfuous, for l am not aware tha
any extensive opposition to the subscrit
tlon of the Commissioners prevails in tn
county. PRO PATRIA.
Packer e' al for Sag r. Il. Co, ! SUPREME coJR,
Santu,y q Erie Raii,-ad oo~pary.J WEQuITT
Argument Of Benz. H. Brewster, Esq
FOR THE COMPLAINANTs.
|. The Defendants contend that by tn
9th section Of the Act of the l4th April
1852, they are authorized to form con
nections ty 'roy of tie rally Of the Sus
q"ehaaad--Qon Me payment Of a tar
And provided the Susquchanna Railroad
Company shall fill to put that portion OF
the line of their road under contract be
tween Bridgeport and Sunbury, ~ithin On,
gear from tie passage Of this act and com.
!ptete The same withm tno years, MuI
ttea the Sunbury & Erie Railroad
Company is kerehy authorized to crteno
o.sir road from Sunbnry by the valley OF
the Susquehanna, TO connect with the
Pennsylvania Railroad" &c In other
words, they may make the road By the valley
of the Susquehauna upon the payment Of
Il tax, now-and without the payment of
any tax, provided the Susquehanna Rail
road Company shall fail to put their Road
under contract within one year, &c.
! To this we answer as follows;
| l. That the statute of 1852 does not
confer any s.ch right upon the Sunbury e.
Erie Railroad Company. That the 9th
section Of that statute gives them the
right to 80 by the valley of the Susque-
hanna, prvrid.d the Susquehanna Railroad
Company shall fail to put their road, Or a
designated portion of it, under contract
within one year from the passage of the
act, That we contend is the right con-
fcried, and only that And in the second
place we say, that if the 9th section of the
statute Of '52 did in dircc. terms enact
the power claimed by the Sunbury & Erie
Railroad Company, and did give them the
right to occupy the line now occupied by
them, and TO run down the valley of the
SusGuchanna from Sunbury, that it is such
"an abridgmcnt' Of our rights, as con-
ferrcd upon us by the statute Of 1851,
as would destroy our franchise, conflict
with and inyalidate vested grant made
by the State, and impair the obligation of
contract, and as such wholly coid.
These are our two positions.
To deal with the FIRST proposition, viz
That the lst section of act of 1852 does
not confer the privilege claimed by the
Sunbury & Erie Railroad Company to go
by the valley of the Susquehanna. This
is a question of Interpretation. The first
thing to be done is TO read the statute it.
self, and see if by It's terms there is any
ambiguity in its language that will require
more than the exercise of ordinary skill in
ascertaipiug the meaning and intention of
the Legislature, which is after all the
principal and chief object of our investi-
CATION. The INTENTIoN-that is the key
by which We are to unlock and open the
meaning of all public enactments.
Having read the statute in plain and
simple fashion, having taken this section
as ,rhols, and not in parts, what do we
find it neans1 What would any simple
minded, intelligent, unbiased man say it
did mean1 The question, be it remem-
bered here, is not, "CAN the statute be SO
construed" but the question is, "oUaHT
it to be so construed 7" Taking the stat
ute by its four corners, let US interpret it
after the fashion of plain men-let us
treat it plainly, and intelligibly, and not
darkly and cunningly. And in this spirit
of inquiry, what docs il mean what rights
does it confer what duties does it epjoin9
what grant does it makel
Why, it is the grant of a franchise, de-
pendent upon precedent condition.
What is that franchise !? what is that
condition?
The franchise is, "to form connections
by the way Of the valley of the Schuyl-
KILL" without let or hindrance, without
restraint or tax, without limitation or con-
dition, because then, and in that case, no
oue's rights were invaded and no legisla-
tive grant wantonly revoked. And then,
Gas hereinafter provided, by the way Of
the valley of the Susquehanna, provided,
that if the Susquehanna Railroad Compa-
ny shall fail to put that portion Of the
line of their road under contract between
Bridgeport and Sunbury within one year,
then, and in that case," what case why,
" then and in that case" if the Company
had the power before conferred on it by
the first proviso upon the payment Of tax ?
a proviso which, by the way be it remem-
bered, never once gives the power to 60 by
the valley Of the Susquehanna. "Then,
and in that case" the Sunbury & Erie
Railroad are authorized to extend their
! road from sunbury BY the valley Of the