The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1854-01-12

purposes; and even in this instance opora
tions have not been commenced. Thes,
are significant facts, and IN my opinion vii
fully justify the rejection of oil special act'
on the subject in the future i can see nc
reason why this general law should moi
be extended to the balance of the State
If the people desire to have it; but no spe
cial act to organize companies within the
counties not included in the general law,
can receive my approval, and such as are
now in my possession OF this character
viii be returned without the Executive
sanction.
AT the date of my last annual message,
. proceedings were pending in the Supreme
Court of Pennsylvania, to test the right O,
The Frankalin 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 on the main point. and
the opinion of Chief Justice Black shows
most clearly that the construction of their
road was without authority oflaw, but the
preliminary injunction prayed for by the
complainant was refused, on the ground
that the Commonwealth could not, under
the law, give security for costs. The effect
OF this decision was to place the privileges
claimed by the company within the con
troll Of the legislature In anticipation OF
this result, | had suggested to the Gene
raj Assembly the rropriety of taking
charge of these valuable rights, and so far
as might be practicable, without the exer-
else of an illebral principle, render this
important link of communication, between
the sea-board and the great west, snbser-
Went to the interests of Pennsylvania.
The subject was considered, but not finally
disposed Of
In May last received communication
from the president of the company, COW
orIng the proceedings Of the meeting of
the board of directors, in which, after al
luSion to the action OF the Supreme Court
and the legislature, q number of PROPOSE
tons were submitted, indicating the will
lingnesS Of the company to pay certain
rates of taxation foI the unrcStrained us
of the road, until that branch of govern
ment should act on the subject. Believing
that had no right to make conditions
with the company, or even 20 receive the
money which they were willing TO pay, ]
declined to entertain the proposition. The
relations of the company towards the State
therefore, have undergone no change since
the adjournment of the last Legislature,
except that the Attorney General has re-
Gently taken measures to obtain final de-
cree in the plea for an injunction and by
writ of ono 1carrdntO to revoke the fran
chises claimed by the company.
Recent occurrences at the city of Erie
eyince an intensity of feeling amongst the
people, seldom equaled on question of this
kind, indicating not only the propriety, but
necessity, for prompt and decisive legiSla-
tive action, as to the rights Of this compa-
ny.
1t must be clear to the impartial observ
or, that the Legislature never intended,
by any previous act, TO authorize the con-
struction of railroad between the city Of
Erie and the Ohio line. Indeed, the |
highest judicial tribunal in the State has
expressed the opinion, that no such au-
thority can be found in the charter of the
Franklin canal company; and, in my opin-
ion, the grant should hereafter be made
ON such conditions only, as will protect
and advance the interests of the people |
of Pennsylvania, so far as they may be
involved in the subject It so happens
that Pennsylvania holds the key to this
important link or connexion between the
East and the West, and [ most unhesita-
tingly say, that where 10 principle of am
ity or commerce is to be violated, it is the
right and duty of the State to turn her
natural advantages to the promotion Of
the views and welfare of her own people.
1t may be said that restriction that
would require break Of railroad guage
at Erie, would be the use of an illiberal
priDple. The answer is, that the neeessi-
ty for break of guage between the Ohio
line and the seaboard exists, as a conse-
quence of difference in the width Of the
New York and Ohio roads. The only
question to settle, therefore, relates to the
point at which it should occur. | have
been able to discover 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
and passengers can be as well transhiPped
at the latter, as at the former city.
So far as concerns the benefits to either
city, incident to transhipment, the idea
is unworthy of notice. But the effects Of
break of guage, and consequent tran
shipment east of Erie, upon the business
of that barbor, must be paralyz:ng, if not
fatal. 1t would virtually require. ship
ments to be made either at Cleveland or
Buffalo. Scarcely less embarrassing would
this arrangement be upon the interests OF
the Sunbury and Erie road, or any other
avenue that may hereafter connect the
lakes with the city of Philadelphia.
IT may be that neighboring States, pos
scssing similar natural advantages, would
give them away for our benefit, but have
not been able to discover any fact in their
former policy, to justify such conclusion.
l shall await your action with anxiety.
The subscriptions of the cities of Phil