Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-04-14
The Allegheny Bridge Case.


=" The Allegheny Bridge Case. +a.
The following is the opinion of the Supreme
Court of Pennsylvania the celebrated Allegheny
Bridge Case, as delivered by Judge LowRlE.
~, Commonwealth on the relation of Jas Todd, ps
The Allegheny Bridge Company. Quo warran-
to. u - o -
Opinion of the Court, by Lowre,J. - '
rms proceeding was instituted to trv the title Of
the defendants to the corporate franchises claimed
ana exercised by them alleging that they have vio-
lated their charter in several particulars and there
by forleitedit.1 1t wns argued before us at Pitts
burgh in September last, and its decision has been
delayed, first by the great pressure Of business
cHppon this Court, and Afterwards because of 9TH
e. cases arising before us, involving one of the
vital points of this, and it was thought advisable
10 CONSIDER them together.
One offhe aIlege grounds of forfeiture in this
case IS that the defendants do not demand and col
set from every passenger the full tolls. as fixed by
lhe terms Of their charter, but have made regula-
lion by which passengers pay by the year much
LESS sum than their tolls would amount to if they
paid by the trips and that, in consequence thereof
the surplus fund. by means of which the bridge is
to be made free, not properly increased and the
enirnnc hisernent of the bridge is postponed.
The answer 10 this is. the toll rates Of all road
y and bridge corporations fixed by law in order 10
prevent extoItion and are, therefore, intended TO
Ieqnire, not that SO much, but that no more shall
10 es Collected Indeed this relaor is guilty of the
Inconsistency OF complaining in another part OF
lnIoithallon mat II was eXtortion IN the defen
dapt to demand of him the fulltoll. 1t is perfect
yIyappatent that demand of full legal toll from all
persons from the beginn ng must have greatly re-
zlarded The grow h OF Allegheny City, and that it
HMoud be regarded as most grinding and unendura-
lie oppression. 1t is very proper for all such cor
1rations 10 commute the tolls for an annual sum,
plf their chartr oes not orbilit sn If il be done
ton of fraud 4,-5.f i 49, ~, y = % :
Another ground is, that defendants refused TO
allow the relaor to pass al the committed rates of
tol'. Suppose they did, He can base no action
upon this. unless they thereby did him legal IN
Jury Aud IL they did him legal injury, then he
isnots utilized TO this remedy, but to the appropriate
Sctlon In his own name for the damages done for
tis remedy by quo warranto is not allowed where
The law affords private rem dy. Stra. 1896 r.
r.. 3sl ~ Johns. 1905 % Wend. pa. And no
legal injury. Even if they demand more toll than
the law allows, the penalty is by fine, and not by
forfriture1of their charter..It would be strange
That The charter should be forfeited by law for
ytls taking of the tolls which the law allows.
The third allegation is that the defendants have
5notrendere,i TO the Genera Assembly the perodi-
cal accounts required Icy their charter. Admit it.
what has the reIator 10 do with this? During all
the time complained Of the Stale owned about half
oithe stock, andwas therefore herself party 10 the
omission, If there was any. Alter that she sold
out her stock to individuals. Does she now claim
10 torlelt that very stock for omission Of which
She was atparty9S She does notC do it, and we |
would not hear her if SHE did. When relatorI
assumes thus to vindcate tie rights of the State,
she MAXWELL say, mon tall aurilio defensoribus
~ istiS. ~ q ay,, ~ sa-.it si.!sz ARR .tl
. - The fourth allegation is, that when the compa-
ny were about to build, aud wanted piece pfl
ground Tor. that abutmentin Allegheny, they did
not get IN the way prescribed in their charter for
taking IT. but made bargain for it.wth the owner,
allowing him and his family, as the consideration,
TO pass toll free for forty years This may have
been very foolish bargain, but no more can be
made out Oft. The. State was party 10 that act
too.iand she does not, and cannot, complain
of it - a'sss-t g!esi- II, -.s5ssL q!
the next complaint is that the stock of the COM
~ NOT lnrr. A. \
anl that contrary to their charter they borrowed
money 10 complete 1T, The answer is that there
,isnothingin The charter forbidding IT. and it is i'm
possible TO guess how any nights could be injured
There are some other grounds of complaint
which we do!not consider, because they have been
abandoneds and all the others might as well have
But tn ereiis another answer to the whole COM
pIaInt That is, that we do not hear private re-
alator in thus Court claiming TO forfeit charter,
fsaud he has no night TO such action in any court
where he stands mere infprmer without interest |
sct authorizes This writ 10 issue on the relation
OF any one desiring 10 prosecute the same; but that
tswas always the law and Sill we allow no one TO
desire that at lawin which he has no interest,"
Ad: and E. 6lS, Gid SlO. 6 Bar. and G. 240.-t 10
I'd. $50, II r. So ID. s167. i Eas; 46 n. 2 Barr
20 $685. id.y2l23, NV. Bl., 49, Aad we have
Just now decided inthe case of the Commonwealth
LB vs.. Bank of Schpylklll, and Commonwealth VS..
: iPhladelphla, Gernantown and Norristown Rail
Road Company. a,li-gs ,s5e4 .i-.,l,ss
1oOO--lntS caul6 on LOT
final hearing at September term, 1885, and was
argued by counsel, and now, on full and mature
consideration hereof it's considered and adjudged
thattbeSelalo ames Todd. has shown no rig hit or
maintain this information in The name of the
Commonwealth and that the same he j. and hereby
~ ls qusshed, aud wholly taken, for nonght and that
the relator pay to the defendants their lawful costs
na in this behalfexpe nded. si1aasIse lfEs,f
so ~ tatss -. - zksin 5sJl5et !
.,s. MpEpEn rs PrrTsRURoH. "A man named Jacob
Shaw was stabbed ina house of ill-fame on PRS,
peel street. Pittsburgh, by Mary Deany, on satpr-
day night last and died on Monday morning.
20. The Norfolk and Petersburg Ralroad com
" pany was organized the 6ths at Norfolk 81 the
election of VI. Francis Mallory President and
4 iAbEaham 7. Leonard, and Geo. W. Camp difecl
20 tpeon the partofthe ztockholaers, 81 - -, q
g5The liquor sellers in New YORK ara ia strike
), Pm the 1st Of Nj fol Iea Genus drink. 4
G3Ihe WHEAT crop in Western New rYofrk /; s
said be DFomiSin0 and ,t.l1