New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-31
what wa, granted to them was granted in the follow.

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This general railroad law adopted at an ea-iirf
rercd in tie session than this supplement to the char
ter of the Franklin Canal Company. Under theseprc-
visions the road built from Erie to the Ohio State
line No other part of the road either Gem.
ueuced or completed Yet this il called buildias q
rslrosd from the north end Of the French Greek Feed
err TO Lake Erie and from the south end to Pittsburgh
BIZ tie most expedent aud advantageous route OscG
greater absurdity or more wicked perversion of Ian
cusge be cOnceivedi
In addition, they have not made the road even from
the Ohio State line ito Lake Erie" Not one of the
points named in the charter, has been reached The
read does not touch Pittsburgh it does touch the
south end OF the Feeder the north end of the Feeder
or Lake Erie II runs from the eastern terminus Of
the Cleveland, Paipesylle and Ashtabuls Railroad Of
the Ohio State line to the depot stations OF the Erie
and Northeast Railroad in the City of Erie, which
are three-quarters Of mile from the Lake and llo
feet above it, The Company has steadily refused to
extend the road to the whayes at Erie where vessels
might unload their cargo, lest the commerce Of the
harbor Of Erie might thereby be increased, and il be-
come dangerous rival of other Lake cities.
In the report OF the Company to the Pennsylvanis
Legislature in the year 1853 (see House Journal vol
2, page 1887 the President the Hon John Galbrsth,
said:
jos or A.. sa.. n sp, 70 s re sd1nSc, S s
,e hss. 0sr BY The oonss.at or Lake shore ronts tie
from the shortest route Indicated the Typographical OF
connection with important railroad OF Ohio then Of
construction
This settles that question and see how: The right
to 90 west twenty odd miles when they were char rel
to 90 south is claimed under the phraseoogy used in
all railroad titles giving them the right OF choosing the
most efficient and advantageous route between the
points be connected by the road and the right to
dverge further than alleged TO be necessary from
the typographical formation of the country is claimed
under the plea of improving their interests by connect
ing with an important railroad then being built in .
neighboring State. Call you not this liberal con-
" structiOn" Can any one any where, point to its
equal in audacity Without doubt, IL is true that q
cooler perversion of privileges granted, and holder
usurpaton Of privileges not granted, were never wit
messed in this country, than in the history of this Com
pany-a GOODNESS which it would be refreshing to con-
template if were not known to have led To the most
embarrassing difficulties between States, aud 70 have
been prompted by desire to overreach the Legisla
turc of this State and deaud it of the most valuable
gift it had the power to bestow.
The opinion Of our Supreme Court upon this sub
ect is well known and is not OF character to be mis-
understood 1t was delivered in Philadelphia in De
cember 1852 upon motion before il, made by the
~
restrain the Company from building the road between
Erie and the Ohio line. In their opinion, (snce ap-
proved of by Judge Irwin of the IT, 8 Court for the
Western Dstrct) the Court speak OF the road which
was built as bearing resemblance to that described
in TIE act of Incorporation; being different at both
ends different in character location and object aud as
being used for purposes totally opposite to those which
the legislature ever expressed intention to permit
The Court also decided that while Company may be-
tween two routes, choose that which will lead them
a. x.I hui maj
not turn aside to effect another and an unauthorized
purpose, however profitable il may seem to the finances
of the Company the private fortunes OF the stock
holders that while company may be allowed to
choose the best route between fixed points it has no
authority to depart from the route and that no railroad
company can connect with foreign railroad which
meets it at the State ne unless expressly authorized
by its charter unless such connection cannot be
avoided without losing the advantage of what is clearly
the best route. After this decision, you will wonder
why the Injunction not granted. The reason the
Court gave for their refusal to grant tho motion was
this: The act Of May 6, 1874 relative to inunctiens,
required that no injunction should be issued by any
court or Judge until the applying party gave bond to
indemnity the other party for damages sustained that
the Commonwealth, the applying party in this caso,
could give bond, and that therefore no injunction
could be issued. The a technical one, aud
had relation to the merits OF the case. believe
the Supreme Court now have the case before them,
upon other proceedings and may shortly give their de-
csiOn but the Legislature is empoweredo act in such
under the general railroad law of the State sub
iect to which the Franklin Company built their rail-
road and will most likely do In this case par
tic uary, there be no reason for dispute, as no
clearer instance Of misuse was ever presented to pub
lie consideration.
In addition to the many violations Of charter Justly
alleged AGAINST this Company, are some other acts,
which deserve to be considered by persons desiring to
arrive at the truth. The Franklin Canal Company,
the l4th of May, 1851, entered into contract with
the PanessSe, Ashtabula and Cleveland Railroad, OF
such chaDct as to starte PenDsy vanans. | have
copy of this contract before me- transcribed from the
bill OF the latter Company, filed not long since in the
Circuit Court Of the United States for the Western
District Of Pennsylvania, sitting at Pittsburgh by it,
it appears that the Cleveland, gainesville aud Ashta
bua Railroad have become shareholders in the Stock
of the Franklin Canal Company, to the amount of
S44e5C out Of capital stock Of $500 00O and guar
aneed their bonds to the amount OF S)OOOO that the
latter Company have authority over the road they
alege they were chartered to build, and that its
is in the hands of Corporation who pur
pose to it to the injury of the State through which
il passes. The Cleveland Company, under this con-
tract bound itself to furnish S2500O to pay for iron
and its transportation $I25CO0 in money to be paid
in instaments, and 10 furnish the engines, cars and
equipments, which places in their hands the entire
route between Cleveland and Erie For this the Cleye-
land, Panesvie and Ashtabula Railroad Company
were to receive as follows The bonds of the Frank
lin Canal Company for the money advanced at seven
per cent interest payable semannuslly, the principal
pay able Feb L. 1861 and to be secured by mortgage to
be the first lien upon the road from the Ohio line to
Erie 1t was alsO agreed that the Franklin COMPANY
would pay the Cleveland Company commissions, dis
counts and expenses for raising the money, and that
each party keep its respective portions of the road in
repair. Then come the following passages, which
quote at length because of their Importance:
, .p h. o the p:Hs.. In
tive Rsiosd 90 far completed enable from
Cleveland to Ere the party OF the INIT Che Cleveland Psss
VILE and AshAbus Railroad Company sha snd
curing he existence Of the first hare
trt and n1nag tnf II ne frdaif0n II