The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-02-01


change OF gauge the Erie and Northeast railroad
by these ordinances the city councils assumed mat
uhaef thsn authority TO remove oossiacuons rom me
streets, they had the right To remove The railroad tracks
bey therefore, proceed to declare That II The gauge oil
The Erie and Northeast railroad should be changed IRON
leei TO iee 10 inches them and 10 thai the rail
road tracks across the streets should be distractions and
lulsances and should be forthwith removed by The mayor
and nigh constable, aided by special police appointed
of mat purpose. AT later date, The same councils
srayely resolved that should be stationed along the
line OF railroad from Erie TO the New York State ne
10 give notice OF any attempt on The part OF HE North
and Northeast Railroad Company TO change the gauge OF
us road, aud such notice being given the high con-
stable Of the ely should Immediately proceed 10 remove
The track and Bridges not only OF he Ere and Northeast
road, but also the road OF the Franklin Canal Company
IRON the streets OF the city
Thus railroad bridges aud tracks that had been laid and
used Tor nearly two years. 10 be declared obstruc-
TONS and, such, destroyed. because railroad com
pany commenced changing ts gauge, 10, To- or 10 miles
beyond the bounds OF the city, and worse than that-ihe
road OF company is 10 be destroyed because another
changes It's gauge in accordance with The express povIs
ions OF the law.
This fac. alone is sufficient 10 show The nature OF the
spirit which acluaes the people OF Erie, and the special
pleading esorted TO by them TO cover their acts with the
semblance OF legality.
The only argument used by the people OF Enc against
the change OF gauge the Erie and Northeast Railroad
so as TO conform TO that of the roads east and west oil IT.
which is entitled 10 any consideration, is " that 1t IS I'M
poant to their interests to have uniform and un
broken gauge from that place 10 New York and other
eastern cities But the retaining OF six-ioot gauge on
the East aud Northeast railroad cannot effect this pur-
pany can be induced to change The gauge OF Their road 10
OF sia feet, at least from the State line to Dankk
For, the gauges existed at the time these dlculues
commenced, transhipmenis were necessary--Damely
al the State line and the other at Dunkirk or Bull
alo The Erians however, hoped that by iorcbly pre-
venting change OF the gauge OF tbe Erie and Northeast
road they could compel the Buffalo and State Line Rail-
road Company TO change their road TO one oil ieel or
of feet 81 inches.
This, however, the Buffalo and State Line Company
refused 10 do, for the following reasons; -,
First Their road is sixty nine miles in length, while
the Erie and Northeast is but nineteen miles II
would therefore, require much heavier expense, and
cause much eIe aer sacrifice in machinery and running
stock change the gauge OF the former than OF the latter
road, and also require much Longer time 70 ehec' he
change
Second BuHao from its peculiar situation at the foot
of the navigation OF the upper lakes and oeng POM
where large number OF railroads terminate, PaIe
where much larger amount OF property is unavodaoly
ranshppsd and much greater portion OF travellers
naturally change cars than al Erie 1t ~ therefore,
much less objectionable to have break oil guage there
Third. The Buffalo and State Line Railroad Company.
being bound contract with the New York Centrai and
the New York and Erie Railroad Companies to adopt
and maintain the Ohio gauge, cannot lawfully change
to of feet or OF eet 81 inches Without the AS
of both these companies and neither would assent to Inc
adoption OF the gauge OF the other
The uDTeasonableness-nay the mpossibillty--of the
Buffalo and State Line Railroad Companies complying
with the demands of the city OF Erie in this respect is
therefore apparent.
When ii was found that the city of Erie would adopt ultra
measures prevent change of gauge on the Erie and
Northeast railroad unless their interests were consulted
had commended, the railroad companies between Buffalo
and Cleveland wished, If possible, by making any Tea-
sonable sacrifice, 10 aay their hostility and thus effect
peaceable change OF The gauge With this view the
representatives OF these different railroads met at Ere.
and the eqnes, of The directors OF the Ere and North
east Railroad Company agreed aid in the construction
of railroad called The ..Ee City Railroad" from the
harbor OF Etle eastwardy 10 the New York State line IN
The direction of Little valley, on the New York and Enc
railroad The gauge of this road well as OF The Lile
Valley railroad, in New York, was 10 be SIX feet, the
same that OF the New York and Erie railroad ihns
securing an nnbIoken six loot gauge from ETle 70 the
and The franklin Canal Company also, agreed o extend
their railroads to the habor OF ErIea for which
the people OF Erie had srenuousy contended-o eslab,
ish their repair shops at Erie; and The franklin Canal
Company also agreed 10 extend hs road south from the
Lake Shore division to the north line OF Mercer county
in the direction OF New Castle, Beaver and Plisburg
there to connect with the Plsburg and Erie railroad
provided legislation could be procured authorizing The ma
king OF this extension
These measures were adopted by the railroad compa-
MES interested in the removal OF the nuisance OF two I'M
necessary breaks OF gauge, at Erie and HE New YORK
and Pennss lyania line, order 10 satisfy NE people Of
Erie, and the peaceabe attainment OF an object
alike important 10 the public and the railroad companies
But instead of thanks for these concessions, the agents
OF the railroad companies received IRON Inc people OF
Erie with exeeptons) insults, threats, and abuse
These misguided people, too long INDUCED IN debating
TO others how they should manage their own concerns,
were only made more assuming, iyrannca, and over.
bearing by these concessons and when the Erie and
Northeastern Railroad Company, IN pursuance oil their
clear legal rights, and IN compliance with positive
Company, proceeded 10 change the gauge OF their road
they were resisted with unlawful violence The rest is
matter OF history and too well known TO need repetition
here.
Some OF those who have taken part with the Erie riot
ers have asserted that the directors OF The Erie and North
Railroad Company have violated their engagements
or contract with the city people of Erie. But how
when or where. they have not told they able
TO tell No contract in respect TO the gauge OF their road
nor indeed any contract of any kind, either verbal or
written, was made between the railroad company
and the city people of Erie The city council OF Erie
conceded the company the right to occupy part OF one
OF the for depot purposes, and 10 cross others with
their railroad track This the company claimed The right
by their charter do without the consent OF the city
council; but the sake of harmony and quiet asked
for and obtained the consent OF the city. And now not
because the railroad crossings any greater obstruc
tons the streets than they have done for two years
past but because the gauge is TO be changed, the city
council proceed destroy be property OF the company
and To expe their road from The city.
IL iR however, enough THE point TO say that the
whole question: in regard to the right of the company 10
cross The streets OF Ere has been fully argued before the
United States circuit court IN Ptsburg, and decided IN
favor of the railroad company, and an injunction granted
restrain the city authorities from inurng the road, or
preventing the restoration of the parts that have been de-
stroyed This. then, for the time being at least, is the
law of the land and il remains be whether there
is power enough in the government to enforcs it,
w -,IphS