Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-12-31
80 80 1sIailroad vvar. 2

loo iG14 9AIlei EAa4EOfAG4 M AZ
1t win be.seen the following opinion of The
Supreme Court. delivered at Philadelphia last Sat.
lprday, by Chief Justice Black that railroads can
Ionly be destroyed by he ts.S, ,sia ti. 81
The franklin Canal Coz pS. City Of Erie and
Iothers-in Equity.-This bill .prays us TO enjoin
the defendants from tearing mp and destroying the
1 plaintiffs TailToad The affidavit laid belole us
make il impossible fos US to doubt that some mus.
/ chief has been done and more Threatened. a.
i Upwards of a year ago, the Attorney Genetal
filed bill against The plaintiffs, comp pining that
Ithey had violated their cha ter, and IN fraud OF
/ the law which gave them Lher corporate existence
had made q road to- connect ufalo and Glsye-
land instead Of PittsbuIgh On almolion TOT Spe-
cial injunctions the whole subject Il mean the EN-
tire merits Of tile case1 was elaborated w aEgued.-
4 We refused theinjunctionth then asked for because
positive statute stood the way, but espresso
our conviction that the complaint was well tonn-
ed 30 On the final hearing of that cause the rights
! of the Commonwealth and Of the Company might
| have been fully se;tlel long ago. We know mol
agho is to blame for the delay. But it is certainly
livery unfortunate, since il has caused state of
things 50 much to be deploTed that described in
the bill now Ieioreus IL the citizens Of Erie are
wTonged, aud have no =. ay oil getting Justice be-
siaeSf he irregular course Of taking ~ with their
own strong handss thenithe law IS in disgrace. II
the judicial Tribunals have sin the power 70 night
them, II Is folly Tor them TO resort to measures
which nothing but the sheerest necessity can ever
excuse. - is.i s92es
We are NOT now to decide whether d railroad
built contrayention Of its charter, Is liable 20 be
destroyed and torn up as public nuisance. What
eaectihe license Of The citYof Erie should have,
is also aquestion lwhichis preserved Tor its proper
t me. We have not yet said, and we Will not say
at present. what poItionof the plaintiffs Toad IS
open to the oblectoh even OF illeeallty OF WHEELER
the departure fromiis proper track 10 make o. con.
nection with the Cleveland, Painesvlllts& Ashias
bula railroad1put thetwhule work out Of the pro.
lection ef the law, sitmey, however, be a very
prndent thing for those who propose to tear II up
10 Consider whether anything can OF ought to'tle
done beyond what is necessary 10 prevent It from
being used aa link between Ohio and New York.
For that purpose The Destruction of the Eastern
end may not ps necessary, it will be wanton q Is!
chief These however, are mere suggestonss
which do not bind us or anybody else. e
Ass6mfng that our OPINION Oh the Compapy's
cohduct viii W. on d mai hearing " we e1lteSs
ed Il 10 be when we refused the eelaI INJUNCTION,
and that our decree will be 3accotdance there
settled; mt tie people Of Erie have no Eightsto
anticipate il. ~, .lis :
our present aston on the subject is based on
this principlei tbatina dispute about proper the
thing IN cdHtr1veTy must Tbmain in thgBtn1tIul It
81 is III when tie eohteAt begun aid during The
mend ency Of tie Investigation neither the pnfiies
III court nor third persons have any power To- take
the cause sway from the proper trihuRa ~ any
interference whatever. The Commonwealth by
her Atlofney General hfs II ten proper measures
TO nave The dispute bslWeen her and the Franklin
Canal CO ssttIed 0ti.er parties cannot sfepIih
and change the attitude AMIR elatious of dispn-
lklits Tie SlpTehs authoriries Of the State have
spater undsf cplisid and there i must
Iemainuutil it Is infstor conIts no
local nor private person can inter
Yene. Ii a milroaj heilaid down under ciLcgmr
stances which make II q nuisance. every citizen
has II right 10 abate it; but IL eeutixe Of Lhe
STATE appeaf 10 this court 10 determine whether II
he 4 nuisance Of not5 We hold that Il enpi6t be-
bated during the examination hersl will pro-
tect all partiesas long as they are beforedsi I'd
One of fhef Tales IF this Court requires that
notice shall be given Of Q motion lori preliminary
iinihncti6h, We think the iuIe good one. It
must be ADHERED 70 all Il d practicable
without .causil = total fainre Of Justice, But IN
& case III the snts where the danger d great
and ifrepdfnbl mischief Is imn1inenti and wlers
no possftla Injury f1nf be caused by Il 70 the
parties enoined, we feel 1T our duty not TO pause
nomesl vii hear the defendants With
pleaslRs On motion It md it val eets
isinly be dissolFs1i the nopentiwe becoHie eSSas
WINGED Ahnt tie Ftankiig Canal Company q hot
using IN ress5tiahs forts 10 bring the Common;
wettls case slnst tterl TO q speed hea
And nov to Wit DEG pihsg 1895 ~ teaa-
fng the bill OF compait and lts lied mt bus
case Il is ordered aud deeTee By the Court here
thai ne defendants, and III and every one u them
Eolicels pgentS wot smen er sefganis and -
lpihEI sons vi omsoe 20 iirlllX
leni0ined and commanded That The do abs
lcedse and iesst from ali a acts and doing
ninin6l Of The said bill until eT oIters and
ifiai or that purpose witt hon b. Issued
nnon ne nlaiHlil giving b0nll sum ol 4
T6e bail lbSVol named having 1gen en- tefetl =
wfit vas INN idlely pref ayedS ald the Sheriff or
pfiladsIphia nflelad fotth with 70 zeIse the lc.
upon q q 1road m me gtty q