New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-05
Itm.2lprk Qailu GrjbunG.
THE RAILROAD AFFAIR AT ERIE.
MEMORIAL OF THE RAILROAD COMPANY.

lnosd Company by the direction and on behalf Of said
~pany, respectfully nyokes the interference OF your
tsslency In the difficulties existing between sad
k~rany and the City and County OF Erie
fyur Excelency is that by an act OF the begsa'
he passed at the session OF 1872 the sad company "S
Eho,zed az any time within ton years TO construct
Eroed from the State Line to the Borough oil ERE, ana
e. within the period limited as aforesaid the company
E construct its road in accordance with the provisions OF
X harter That with view TO promote the interests Oh
~ said road was originally constructed upon gauge OF
X ,set and that in aid of the same object law was
ed al the sesson of 1884, fixing the gauge OF all ROADS
30 Of Erie at four feet ten inches and OF the roads east
hst poipt az six feet or at four feet eight and half
Eebss That though the said Company mad no donOt 'i
III power under is charter TO locate It's ROAD wthn the
Erugh of Erie vet being DESTROYS OF avoiding cOntro-
Essy it applied to- and obtained from the municipal al
keres OF that place pensson TO lay ITS track through
L. city, and did lay tin accordance with the PERMISSION so
m h also well known TO your Exceency that said road
IN come ction with the Western road extending from
fe 10 Cincinnati and with the Eastern road, extending
kom the State line 10 Buffalo, and has been used and
cupied in that connection for than two years-that
Ne difference in the gauge of the roads thus forming one
Epe of communication, necessarily involved change Of
r. freight and passenger both at Erie and al the
Esie Line ana was not only injurious to the Railroad
Companies but by the addtiOnaldeay and expense which
oated greatly impaired the value of the route as the
Esdipg thOrOughfare between the Western and Atlantic
Hates that great the mischief resulting to the
tub from the aforesaid legislation in favor of interest
Eaey Ocal-sO much at variance was il felt to be, with
H. liberal policy of other States that at the Session Of
kss3 for the sole purpose Of enabling the Company TO
dc its gauge conform to the Ohio gauge the law ofs5l
Ia. repealed with the approval of your Exceencyaer
Eou had been fully Informed Of the object of such repeal
tn the Company was authorized by such repeating statute
change the track, already laid down. to any gauge the
Directors might deem expedien
And your MemOralst represent that the said Company,
kdtrtng the reasons which properly influenced your
E1ee,ncy and the Legislature in thus repeating the law
kouynced by observation 0Dd experience that the true
Interests of the city and County of Erie, well as the
cre important interests of the country large, demanded
uniformity of gauge in the three roads constituting the
line and in fulfme ut of the legislative purpose which die
ked the repeal of the law did, the month OF November
D. 1853 by unanimous vote of its Directors resolve
u change said track. That this resolve was
sde public the authorities Of the city of Erie at
Enied the right Of the Company to make such change
even to maintain its track across the streets of the city
land tie Road Commissioners of Harbor Creek in like
questioned the power of the Company to cross with
Il. road the highways OF that township.
That the Company, however, pursuant to its resolution
Immence the seventh day of the present month at the
bat end of the road and changed the track up to- and
Ebout 400 feet within the City of Eethat simultaneously
6 such change by the Company the municipal authorities
id citizens Of Erie commenced tearing down the bridges
l the Company State and chsts and removing
HE track at its crossings with the other streets OF the city
spd persisted in doing until the track and bridges at
Those points were utterly desroyedhat in the afternoon
nd evening of the 9Th inst the citizens Of Harbor Greek,
tgaed and aided by the public authorities OF Ere tore
down and burnt the railroad bridge in said township and
|orcby removed the track at point about miles from
lire where il crossed the high road Buffalo and though
e seme was almost Instantly replaced by the Company 20
ue again destroyed and the track again torn up with
r addition of nearly 90 rods and these acts Of violence
were attended end followed by open evowais on the part
ef their perpetrators of determination, under all clrcu'
and at all hazards to prevent the bridge and track
from being reconstructed
And your memoriest further states that il being up
pded from the violence and extent OF the opposition
81 Erie that order decree of the local Courts If OBJ
tained would be avaiDg bill in equity was hled in the
Circuit Court Of the United States and upon full hearing
and argument an Injunction was granted by said Court,
restraining the City of Ere the citizens of Erie County,
and all persons whatsoever from inteerrng with tho
change of said gauge copy OF which injunction ID mere
with tansmitted-tha said injunction duly served by
he United States Marshal and the Company believing
hat had now secured the protection of said Court and
hat its authority would be respecte again proceeded 70
rebuild the bridge and TO relay the track at HabOr Creek
but the attempt met by the united resistance of the
people at Habor Creek and of Erie and for several days
succession the track was torn up as often as it was re-
laid The Company still trusting TO the law, then com
menced suits in the State Courts against the persons thus
Interfering with the Road but they have thus far had
effect in depressing the ourages 10 which the property and
rights Of the Company have been subjected and still
exposed To such hight of have these proceed
hgs been carried that the workmen employed to relay
track have been arrested fined and shut up in prison
by the city authorities of Erie although upon hearing the
Court Of Common Pleas Of that County declared the i'm
psonmen TO be Illegal and discharged them upon habeas
corpus
Your meInorast further represents that the Company,
on the eth inst, commenced with great number OF
work. determined not prevented to relay the track
on that day through the City of Erie. That they had
arcey begun the work before the people of Erie aud OF
he adjoining townships, armed with various weapons
lssembed in great force, assaulted and drove off the
work men, and compelled them to flee for their lives and
hat thus for period Of more than three weeks ne az
RIGHT conferred by the Legislature has been iorcioy re-
listed by whole community in open violation OF law,
ma In contempt of the highest Judicial tribunal in the
Ste That the Company has repeatedly called upon the
sber of Erie County TO protect its workmen while en-
aeed in reayiug the track and rebuilding the bridges
oresad bat be has not only neglected and refused TO
the desired assistance but has added insult to injury
y orcby and unlawfuy taking possession of that part
4 he road where the track has been removed preventing
ba Company from repairing it, and appointing his
lepuy 10 take charge Of IT, the rngleader of the mob
he author adviser abettor OF every oct OF violence
hat has been pepetrated against the who
than any other responsible for the Of
utage and disorder which have brought such dshonor
mon the people of Erie and the State Of Pennsylvania.
yorr Exeelency will perceive from the imperfect
b;cb has been given that the which the Com
n,nv from the first prescribed to itself and TO which it has
so GIly adhered was to trust for the protection of its
hs solely to the law. II has encouraged no resistance
has sanctioned no acts OF violence mas ie that the
security of all the railroad property in the State was, to
some involved in the controversy That not mere
the credit Of the State but the of other compa
whose roads unfinished and who relied for their
ompetop upop being able to obtain capital from abroad
we're In measure staked upon the issue OF this conflict
between law on the hand and mob violence on the
,her So far the Law has been tramped under foot SO
ar all legal protection has been practically denied TO the
Company It's franchises have been violated It's property
been destroyed its business interrupted IFS workmen
aulted arrested ndmprisoned Its directors and agents
nuted and threatened In their persons and esate and
Of them compelled TO fly into another State to escape
he fury of their fellow citizens, while its road is at this
moment at the mercy Of an ungoyernable moo ana the
,cers of the law whom it had right TO look for pro-
seop not only refuse all interference in its behalf but are
themselves active partcpators in the wrongs of which it
complains.
AZ the last remedy which remains in the law abiding
curse which has adopted the Company makes It's ap
s to your Excellency Holding in merted contempt the
lng rumos and letters which imputed to you sympathy