Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1854-01-06

ed and you will be as,onshed to learn tha, thi:
time there are not dozen companies in existence
under it. During the sessions of 1852 and 1858
much time was consumed in the consideration ol
special acts to incorporate mining companies. NeaI
the close Of the last session q general la the
subject, applicable TO ali the counies in the State
except six, passed, and although this law is
favorable in its terms rs the special acts solicited
bur single application has been made under il
for mining purposes and even in this instance
operations have not been commenced. These are
significant facts, and in my opinion will fully justi.
fy the rejection Of all special acts the subject in
the future. l can see no reason why thi. general
law should not be extended 10 the balance oil the
State, If the people desire to have but special
act to organize companies wiih:n the counties not
included in the general law, can receive my ap-
provsl, and such as are now in my possession Of
this character, will be returned without the Exec
utlve sanction.
At the date Of my last annual message, proceed
ings were pending IN the Supreme Cour, Of Penn
syivxnia, to test the right Of the Franklin canal
company to construct a railroad from the city Of
Erie to The Ohio State line. The decision of the
Court was against the company The man oint,
and the opinion Of Chef Justice Black shows
most clearly that the construction Of their road
was without authority of law, but the preliminary
injunction prayed for by the complainant was re.
fused, on the ground that the Commonwealth
The effect Of this decision was 10 place the prIvi
leges claimed by the company within the control
of the legislature. In anticipation Of this result,
Ihad suggested TO the General Assembly the pro-
priety Of taking charge Of these valuable rights,
and 50 far might be practicable, without the ex
ercise Of liberal principle, render this impor
tant link of communica' ion, between the sea-board
and the great west, subservent TO the interests OF
the people of Pennsylvania. The subject con-
sdered, but not finally disposed of.
in May last | received communication fromI
the president Of the company, covering the pro
ceedinss Of meeting of the board of directors, inI
which after alusion to the action Of the Supreme
Court and the Legislature, number Of PROPOSE
tions submitted, indicating the Willingness Of
the company to pay certain rates OF taxation Tor
the uurestrsned use Of the road, until after the
coming session of the Legislature, or until that
branch of government should act un the subject. |
Believing that had no right to make conditions
with the company, OF even to receive the money
which they were willing 10 pay, declined to en-
te tain the proposition. The relations OF the
company towards the State, therefore, have I'M
dersone no change since the adjournment OF the
last Legislature, exceP, that the Attorney General
has recently taken measures TO Obtain hnal de
cree in the plea for an injunction and by writ OF
quo narranto to revoke the franchise claimed by
the company.
Recent occurrences at the city Of Erie evince an
intensity of feeling amongst the people, seldom
equal ed on question OF this kind, indicating not
only the proprie,y, but necessity, for prompt and
decisive legislative action, as TO the rights Of this
company.
1t must be clear to the impartial observer, that
.he L-.;-,ss,nre never intended, by any previous
tween the city Of Eric and he ". - ,:as Indss%
the highest judicial tribunal IN the State "-
pressed the opinion, that no such authority be
found in the charter Of the F'anklin canal com
pauy and, in my opinion, the grant should here
,l.t.nn mi
protect and advance the interests ot the people OF
Pennsylvania far as they may be involved IN
the subject. 1t so happens that PennsyiVania
holds the key to this important Ink OF connexlon
between the East and the West, and most un-
he.itatinsly say, that where n" principle OF amity
or commerce is 10 be violated, It is the right and
the duty Of the State TO turn her natural advanta-
ges to The promotion of the views and welfare Of
her own peope.
1t NAV be said that a restriction that would re
quire break Of railroad guage at the harbour OF
Erie, would be the Of an illiberai principle.
The answer is, that the necessity for break OF
gusse between the Ohio line and the sesboard ex-
lists as consequence Of difference in the width
Of the New York and Ohio roads. The only qu~s-
ton to setle therefore, relates to the point Al
which it shonld occur. have been able 10 dis. e
cover no reasons, founded IN public policy, why
the break should be fixed at Buffalo, that do not
APPLY with equal force in favor OF Erie. Tonnage c
latter, as at the former city. ID
So far as concerns the benefits TO either city, in
cident transhIpment, the idea IS unworthy OF
notice. But the effects OF q break Of guase, and 4
consequent traushipment east of Ere, upon the il
business of that harbour, must be psrslizing, il !
not fatal. 1t would virtually require shipments 1
to be made either At Cleveland or Buffalo. Scarce 1
ly less embarrassing would this arrangement be I
upon the interests Of the Sunbury and Erie road, r
or any other avenue that may hereafter connec; @
the lakes with the city Of Phadelphia. r
l, may be that neighborins States, possessing n
similar naiura, advantages, would give them away
for our benefit hut have not been able to disco
yer any fact in their former policy TO justify such
a conclusion. 1 shall await your action with an q
xiety. !
The subscriptions of the cities Of PhiladelPhia I
and Pntsburg to the stock OF the Pennsylvania
railroad, and the prompt payment OF the interest
on the same, together with the flatterng prospects q
of that improvement, had the effect Of extending
the belief that municipal subscriptions could be
safely made TO any similar enterprise-that such 6
subscriptions in truth, what had been alleged
by some, mere loan Of the credit Of the respec-
tive municipal corporations, and tha: neither Prin-
cpal nor interest would ever be demanded.
The consequences of this plausible and seduc-
tive doctrine were promptly manifested IN the y
form of numerous applications for legislative au.
tbority to municipal bodies to subscribe to rail-
road stocks TO various parts Of the Stste. These
applications invariably pressed on the plea OF
promoting public convenience and the general .
prosperity, and . number OF laws OF this character
were adopted. So far as these apply 10 cities and
borou there operation has been rather success
full; but when applied to counties il has certainly :
been much less so, failing entirely in some instance
and in others leading to violent controversies
amongst the people, destructive to the value OF
the municipal bonds thus created. Viewed in .
every aspect, IS q mere question Of expediency.
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