New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-26
LIE ERIE oUEsTIOY.

The Senate Of Pennsylvania having passed a bill re-
pealing the charter of the Franklin Canal Company,
which constructed that portion of the Lake Shore Rail-
road between the borough Of Erie and the Odo line
west of Erie, it becomes proper to give the facts
touching the operations OF this Company. 1t was char
tered we believe in 1851 with authority to construct
road from Erie 10 Pittsburgh, and laid down track
between Erie and the Ohio line, but proceeded no
further. 1t has been charged that the Company pur
sued westerly course when they should have gone
south; but from Erie the road must necessarily in
westerly direction and the only question is how far
should il run before turning south Did it proceed
further than necessary than the Company were
authorized to d. by the provisions OF their charter
This question, if we mistake not is nov pending in
tie Supreme Court of Pennsylvania That tribunal
nay decide that the Company have exceeded their
thorty and il may not At any rate there should be
decision upon this point before the Legislature takes
any definite action unless the Government of Pennsyl
v6na is ambitious TO secure for itself the reputation
nov enjoyed by the authorities of Erie We cannot
ssy whether the Franklin Canal Company have acted in
good or bad fath-ths is a matter which the Courts
should be left 10 decide If they have acted without
the color of law if they have made road where they
had rigtto make their acts will be pronounced
Illegal OF course But the Courts are to pass upon the
question: snd until their decision is made the Legisla
ture has clearly no right to interfere If it shall be
found that the Company have exceeded their authority
take it they have forfeited their charter In that
there is no necessity for leglatng the Company
out Of existence. 1t is already dead
But there is another consideration connected with
this matter which may be OF inn oTtance The Company
understand have purchased and own the land upon
which the road has been constructed The road is the
COmpaDy's ard the land is the Cempanys and it il
claimed that the State has no control O7er t. Whether
there is anything in this position, and if So how much
shall not undertake to say We suppose an indi-
viduGl has right to construct railroad across his
land, well the righ TO manage and control it
he would any other possession IL his private prop
erty, and though the public may it, it can only be
done by his permission He ia liable to taxation as is
the holder OF any species of property but otherwise be
cannot be interfered with And if this plsition be cor
rect respects an individual is il not equally so in re-
gard TO company If the Franklin Canal Company
in fact own the road between Erie and the Ohio line
and the land upon which it has been constructed
their right in the premises is not mere right of way
but right acquired Independent of State legislation
and the opponents Of TIE Company seem to coneele
the correctness Of this proposition when they alege
that the Company has acted without the shadow OF
law-we DO not see how the Legislature is to prevent
the trains making their regular trips though il NAV re-
peal the COmpanys charter. The stockholders of the
road will set up that the work not constructed IN
der the Franklin Canal Company chsrter-that il was
done independent Of legislative suthcrity-that the
work is their individual Property-and they caution
the State against interfering with it.
The people Of Erie have acted the part of madmen
They have inflicted an injury upon themselves from
which they cannot recover il years great trade
is going on between the East and the West The
volume Of rsyel is immense An excellent rairosl Ia.