The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-16
The GREAT ERIE RAILROAD CASE.
Decision Of the Supreme Court.
o6MIoH BY CHEF JUSTICE ELACR,
LEWIS, J., DISSENTING.
Supplemental Opinion by Judge Lowrie.
IRON the Erie Observer, September s.
ATTORNEY GENERAL VIZ. THE HRlE AND N. e. Raj
ROAD COAPANY-lN EQUITY.


ROAD c0ApAsy-M EouIrY.
OPINION.
n BLACK, O. J.-Tba case requires to give q con-
srustion TO the charter Of private corporation The
Frequency Of such exctes SURPRISE when we
ssaest act Of Incorporation is and always must
be Interpreted oJ rule so smris that no man whether
That which company IL authorized 10 do by its act Of
besrporstion il may do; beyond thu. ali its ats
iueGs And the power must be givea plain words
b necessary implication All powers not given in this
direct ana unmistahable manner are withheld. II is
strasse that Attorney General or any body else should
bounds which are always thus clearly marked, and
equally strange that company which has happened TO
taaaress them should before with the faatest
hope Of being sustained In such cases ingenuity has
nothipg to work WITH aimee nothing be either proved
.. asrsv:d By issis or iaisrsn.ia reasoning. II you
he cords Of the legislature comforting them Falling
IN this yor must give up your claim, for nothing els.
szst bscause Whatever doubtful is decivey certain
against the corporation.
loss Or injury comes to any body IN ccnsequenoe OF
ignorant disregard OF this principle, 1t 10 not our
lauh We have done AL that in lay to impress it
~ public mind and to corporations OF the danger
utsst In the Bank Of Pennsy lyania Tbs. Comoon
ve.sh the susqaehanna Railroad Company vs. Sunoury
M Oh:
w. Fanklin Coal Company, and in several other cases.
An Of preoecessors this bench occupied the
ground. The doctrine In maintained by the Supreme
Curt Of the United States and In many States Of the
Unisn Even In England The justice and necessity Of it
are universally acknowledged and acted upon Bat We
DO not mean to discuss the subject again. The law
yer who ID not already familiar with the numerous au
tAees upon it, to b found in every book Of reports
ast believe to Be most salutsry feature in jurs
ruds.ee would hardly be Convinced though one rose
On, Suty in this ease is therefore, not difficult one
The words Of the defendants charter, understood in
their ordinary sense cover the acts complained Of or
ssts and nothing 70 forbid thsm then this bill must be
dismissed Bat the defendants can tAke nothing at
hands sy construction We cannot widen ths limits sst
70 their privileges because they have found them incon
vsnienuy narrow. We have no more right authority
- srsteh old act Of incorporation than have
and The
vileese which she has seen propert withhold.
The bill comp lains-lst, That the western terminus of
Satiso requires It toe Cd that il 50 constructed as
10 impede and obstruct the free certain streets in
Ss n.. s out ro% Rs a.
Sectsn Of Buffalo; and 4th That the defendants have
made contract by which they have surrends ed the
The act Of incorporation authorizes the defendants
70 build railroad from the borough Of Erie 70 some
no dssndants counsel insist that the word from should
- Aken ineusvely, and that road from any part OF
TIE borough to the proposed terminas ad quem is .
for the plaintiff insist that it begin It the
horsueA line and not elsewhere. Our opinion is with
On Il was rather beside the purpose since the tern mus
u the railway il neither at the limo Of the borough
nside Of IT, Coming from the east it passes the east
sssth, and runs on about - rods further, in di.
rsesa precisely parallel with the south line Of the
= rrsnsin Canal Company to the Ohio lDs V Cst.
Ay this Il not literal eompaucs with the act Of In
ssgDsgation. Making road from point selected BY
he defendants themselves sixty rods south Of the
brOsgh mot coming within that distance Of the borough
81 Any place, Z not making road from the borough
sansss Of the case which will JUSTIFY u II treating TIM
traetion Of the law otherwise than treat similar
violations Of duty when committed BY companesY We
What have said concerning the borough OF Erie re-
~ 70 what It was whom the act Of incorporation
yassed IN 1s4s, and before the defendsnts work WAS
who're the terminus Of the railroad had been fixed AZ
stn later period, tbs borough incorporated
besspsh lines dd mot the least change the rights or
eehsaticns Of the railroad company All laws must be
Il the q s ns
did net exist until rS4S, could have been In the
nanA Of the Legaaturs in 1912. The notifications
charter Just whore II before. The amendment Of
enc y not to be taken as sugplsmsnt TO the other If
sssn sAortensd or obliterated or differently named BY
ast Of assembly passed ls4s the defendants would
havs understood very wen that tnsI go 70 locate the
eastern terminus any part Of the township line it
istsa n ls42 not thereby altered taken away
Ia law commanded the defendants TO begin their rail-
ssnnAsd Is in full force, notwithstanding the change
which has been made in other matters.
THE violation Of the charter 90 triaing that We can
oveseok Il on the principle Of Dc i1is? The counsel
q the company have argued that it iand certainly
= = not me place At which the terminus should BE-
Of ane sSS
The impossible AL other places whether far,
are - surely excluded Il they had been expressly for
P1anee with their charters cannot hold them at all
ssos situations, snd fer aught We can Sc this may
ss . = = :.
yattsn Of sixty rods sixty miles The directors must
Aavs thought that they could gain point Of great value
nJ would not have venturea upon It in the teeth o.
- Nv And they must have been conscious too, that
60 Z s borough or else hey Would S.v ought ans
- snendnsnt to their chatter This railroad pro-
t ntended outlet TO Nss York for the lake trade
snnsstioa between Buffalo and Cleveland for there
vas not then any authority given to this company or
sS.sSs ne OHIO line its assusi ioc.ton put. Il be-
sd the reach Of the hks trade, beyond hundred
81 ~ fest above and rccquarers Of mile distant
OAis built in violation Of law, and by fraud which has
asady received ts condemnation BY this means has
ssssns part Of continuous line from New York to the
ys.gh ef he, but quite around and past IT, mention
Ms merely ~ showing that the general scope Of the
y y suggested. however, . mere probability We do
- know nor care shat the purpose OF the state may
s zen But mt one S thing " % W. sh,s !.
ssitute their win for the piais rsqnirensnt Of the
~. the fair interest Of the stockhoders-ir the
es01edaton Of tie neghborns peorls--N due regard
- IL commerce Of the whole counirv--f msgnsui
Dsss Hbsral'y 70 the citizens o. adjoining sta.ss-if
1880 considerations, any Of them, required
ansn4nent Of the charter the managers should have
sahsa the proper authority Of the to make
& ~ earth 70 whom such an spes,l II vel rroood
q, eould be made with more certainty OF success
1Aan t. the General Assembly Of this STATE.
y. The right Of the supreme legislative power to
satherise tho building Of railroad street other
Dahic highway, IL mot 70 10 doubted II has been
Aaseachusstts (23 Pick, 32s,) New York Barb 5cs)
I'D N Pennsylvana 70 Wharton, 43). n such CONVEX
- OF public street to purposes 70 which IL not
originally designed, does operate severely upon portion
" people the injury must - borne FOR the saAs Of
s1s greater good which results the pu she rom tbs
seap easy and rapid eonveyanee Of proper
y By railway. The commerce o. nation must not 10
eespped o. mpeded for tho coavenisnee Of nsghoor-
Aood. But we can say this only in cases rhsss The
s:norsy has Sssn given BY the sov.rsss Of the
ssnpasy, mot empowered TO do BY An set Of the Lsr
hfere, can take possession OF street. aud make rail-