New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-15


10 Pittsburgh the Legislature expressly reserving the
eh revoke the charter Of ths Company should the
privileges granted be at any time misnsed or abused
Tho Company made attempt II improve said canal
TO construct the railroad from the termn Of the caasl
Pittsburgh Erie. In 1880. however, they eoansnesl
he construction ef railroad from the Ohio State linz 70
the City Of Erie parallel with the lake. and nearly at
right angle with the route assigned TO them by the LIE
gi.lsiure.
1851 the Pittsburgh and Erie Railroad Company Instituted
proceedings against the Franklin Canal Company in the
Supreme Court the ground that they hal right n
construct, road the location which they were attempt
H. he spng Of isse, the Attorney General made com
pain acains. said company before the Supreme Court in
The name Of the Commonwealth aud prayed fpr liunc
ton restrain the construction and use OF sai railroad
The opinion Of the Court in this case wa delivered in
January ls53 by Chief Justice Black snd while the in
Junction prayed for refused the technical groau1
TINT the could not under the law give
crriy for damages the views OF the Court literally aanhi
lated the rights Of the company to construct road the
route which they then occupying and in this opinion
tie Circuit Court Of the United States at Pittsburgh hiss
fully concrfred.
give security for damages aud thereby
removed the only obstacle in the way Of final decree
against he comp any in tie case then pending BIT mas
uucl as the railroad in the time had baea com.
rleted and the only effect of the decres would be e.
strain the use OF the road deemed proper await
the meeting of the Legislature the only power that could
rroDery and permanently dsp,se OF this controversy
TIE Legislature did act and virtue Of The reservations
contained in the charter already referred TO- and
pany This railroad with oil IFS appurenances H. there
fore in the possession of the State. and is operations
under the Erection Of an officer Of her own selection
This brief history will be sufficient II Is hoped - vinfi
cate the against the charge OF having mis-
led this mpany BY indulgence in their manifest neina
ton 10 rights not granted by law those tanhE
with the subject confident. viii agree with mo 10
opinion that the attempt their part 70 usGrp the rsht
has DELAYED express grant The company were aln9n-
ihed at every step h.t they were transcen1s iho' {
mate province but the only effect seemed 10 he 20 stnl
late them 70 greater ndny TO the state and increased
fetslity ia the contamination Of their Destruction
II has been frequently legged that the STATE ia her con
troverry with This corporation ac,uated by selfish
motive, that she desired to Interrupt the transit Of proH'
The answer this aleg a0n ithat her authorities could
long since have had final decree against the company and
restrained tie use of the road and viii also be perceived
that as she did get control Of it arriageme1s
entirely agreeable 10 the public were made Tor e use she
also willing 70 remain quiet until the L@slathre a.
sembled end Disposed Of the whole controversy but Il
hat her indulgence has not been properly appre
oated Prudence and just respect for the state should
have dictated The railroad companies the adoption Of
similar liberal policy.
Tue tmay De said That the repeal the gaugelw gave
the companies owning the roads cast Of Eus the right
change ihor gauge but sequay true 'he opinion Of
the Supreme Court delivered in 1914 was notice 70 them
that TIE State had not granted the Teh 70 maze roa OF
tny gauge from the Ee 10 the Ohio line AMI this fact
overlooked in considering the repeal of The gauge
law Was II prudent then, on their part, to change the
width Of their road suit that Of constructed in
known vioatiopof law Was il not te say the least Of
IT, pTesuntuous {, conclude that the State would cOgr
part of wisdom to have rested quietly until the State hal
legslizeG route frop Erie west | know that the al
Grmaye Of this il held by gentlemen connected N inter
est interest with the railroads To this unfortun,te
movement, than 20 any other may DC attributed
degree of excitement and resistance tho part OF the
people Of Elie County, for which the State has been 50
much ceIsMed.
The CITIZENS Of Erie ard the present Executive have
been condemned for alleging that there should be break
Of gauge at Eric and must beg your indulgence on this
point for a moment.
demand for IN unnecessary break Of railroad gauge,
a. xf
gers il will be conceded, would he liberal exacion,
ard an improper interruption of the commerce OF the
country But such is not the position Of The question al
Erie. The necessity for break of gauge between the
Wet and the Atlantic cities results from the policy Of
New York and Ohio and not from that of our own State
wide and those OF New York four feet eight and half
inches except one, which si- feet in width ranshp
ut therefore inevitable. 1t must occur and the only
question TO the proper point After all the reelection
have given the subject must again repeat what said
in my annual message, that can founded
that do not apply with equal force 10 favor Of Ee The
inpedmert TO trade and travel will be alike O, either
point with the advantage Of greater unoceuPed spacs at
the latter. Nor have been able :, discover why Il is
that IL break of gauge entirely uninpOrtant there
shoud be much soci,ude 20 have ct the City of Bc
falo 10 understand how this city has escaped the exc
oraous so freely heapsd upon tho CITY Of Erie. If
runshIment at Erie be so prendicia 10 the com eeia
interests Of New York, why i not break ut Buffalo
equally sci There now break of gauge at each and
il not strange that while tho latter city hes complained
of Eie IL has failed 10 discover 4 similar obstruction q
trade and travel in liz own vicinity When this shah4ve
been removed it will be time enough seems TO me, TO
complain of Penns yly ania
To illustrate this idea stil more forcibly suppose
possible TO force that strip OF territory east
ard for few miles and permit New York aud Ohio TO
together at Erie then where would be the break OF
railroad gauge and who would be at fault! When the
capitalists Of New York commenced the construction Of
railroad from the City Of Buffalo westward differing in
width from the other roads of that State they hal deter
mined 10 impose upon the inconvenience incl
dent 10 rGHsbpment. Solicitors am to facilitate in
between the Great West and the Atlantic Cities,
and to maintain liberal policy toward ghboring States,
have been unable 10 discover reason, in ploiic Policy
Why this unavoidable should not at Erie
Such position not wanting in courtesy or kindness TO oar
neighbors New York has selected her policy as TO the
width of railroads She desires TO extend them westward
and Pennsylvania il willing admit them within her lin
its Ohio on the other hand desires 10 get eastward and
Pennsylvania extends 10 her equal degree Of courtesy
The latter Stale asks s1vansge-she is willing to
tend her roads 10 Erie and New York and Ohio
equal terms on her own territory Surely there be no
want Of courtesy in this position. However much she
may regret the necessity for tranhipment she has not
the power to obyste it, But the other hand 1t is do
manded thaa gauge OF railroad uausua TO Pennyy ANA
and New York both, with which neither connect,
should extend from Ohio to the City OF Buffalo, line
mile and mere south of the hsrbor at Erie and cutting
of the chances of connection with the Sunbury aud Erie
in the former State and the New York and Erie Railroad
in the latter This arrangement may answer the owners
OF the road better than the public Il has been assigned as
for this policy that Buffalo greater city than
Erie and tina; the former should be regarded the easera
ternini Of the business Atlantic cities viii
scarcely be willing to adopt this idea
], however regard the connection OF this Lake Shore
Road ard the Sunbury and Erie, and the Pittsburgh anu
Erie RsilIosd with the Lake, ct the habsr Of Erie as
vastly important the State and the City of Ers
than the ermni Of the guages The hsrbor at 10 is one
Of the safest the lake and ts other natural ADVANTAGES
are not surpassed Il be connected with the Atlantic
ci,ies by shorter and better than
any cher and needs but this to place in possession OIL