The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-16

ether persons alluded 70 Tbs Wealth complains
IN due form BY her accredited sSs representative the
Attorney General that oae o. her orporstlius mas va
lated us charter We havs in,es sa.sa ths aud
found the complaint 70 be true Tbs denqlent corpo-
ration saIpot justify reh By showing that Ia the eoa
mission OF the wang i reeeive si and comfort rom
other persons. l. the Mayor and Coanci's OF
Erie or their constituents, connivec at this brsach
be-. s,euss Il ssss san seem have resented 81
II, and disposed to assist the state in BRING
ing the other offenders 10 the saws wholesome state OF
ina Ii cannot BE- that thu deeod misled By
the people thsir officers for they mast have ksowa
that city ordinance could not authorise what 40 act
Of the Legislature FORBADE No lsshes legally Dc
imputed the and 10 poiot Of fact shs
has been guilty OF Do uRfsi pess she sposs her VII
plainly Ia the act Of incorporation, Ard gave u to ths
defendants 10 be guide ~ their feet and Lamp TO their
path They Disregard it. The Attorney General proves
the fact and STANDS Judgment We cannot refuse
what ar and equity demand
DBoKHE.
This ssuse came on 10 be heard befors The Supreme
Court, the bill Of complaint, tn ans YER Of ths
de endsnts and tie proofs aud evtden,e taken ny
both parties and argued by counsel Add hereupon
It appears 70 this Court that the defendan built
he Erie and Nor beast KsilroAd 81 which sid rail-
road part 10 within the present limits of the city Of
lrs, and upon certain streets thereof AM another part
Is upon the bed OF certain public roai ksown a. tbs
Buffalo road, Barbor Crvek TOWNSHIP, Erie county
aad that the sad railroad in those parts thereof
puhac and common nuisans. 1t is. therefore,
ordered, adjudged dsersed, that the deiendan
shall before the expir alton OF four months from
this date break up much Of their said road % lies
upon the said streets, and upOn the Buffalo road and
remove the materials thereof, to leave the said
streets and rosa good condition they be-
fore the construction Of sale railroad.
And 1t 10 further declared and sdjndged, that the said
defendants are bound 70 make the borough u Erie with
Of their rsrosd 4 il therefore 1scrsed and orSsrsa
that he said Defendants SHALL within four from
this date, change the route and construction Of their
Tairosd rdipgy and make their tsrmnu
what Sas the eastern limo OF the sAd borough in 1872
OF within the same borough And the said defendants
shall reconstruct their railroad TO supply the psrs
n
c6eatons TO b by them made and be submitted TO-
az s9d tbs an on ta notice to the
isndanss shall psy all lawful coats to be taxed by the
opinion read by brother, the Chief Justice and
the decree that n about to be and IL would
lave amasG .e sat pleasure 70 have had the concur
IN its reQuisitions
IAs defendants were incorporated in 1912 to make
very plain that the sole thought that in the mind Of
tho legi-ature IN incorporating IL, was to provide
means Of commercial conne ton between the hsrbor Of
Ere asd the sIate Of New York II - very plain Also
that this company hss turned almost entirely aside from
tb pnspess 70 one that was not At al intended, and
Canal Companys road they have carried out thar
main purpose Of forming connection between OHIO and
New York and have converted the intended and proper
terminus a their road into Little better than water
station.
And in the course Of their proceedings, they have
State Contrary to law ana violation Of the express
Of the road they possession
Of part OF the Buffalo Ridge road, and used 1.
eording 70 their win And ush Of the same Dis
regard Of the public authorities has BEEN exhibited in
their relations With the bile officers Of the city Of
Erie. Though mere pr ats corporation, and operating
for the purposes OF gain they TO have assumed
that the regular oc,l authorities asst stand aside for
them, II In the of their onAcal superors
discover vey little palAtion for their errors, and
should have been Wiling !, allow them much less indu
geree in the mode Of retrasng their s:eps
am sorry that my brethren think, that when in
sorporsted town city made tho terminus railroad
the company has. by implication RICH. to carry their
read to any point within the town city, nd along any
Of m streets that thsy choose and this without being
at all subject TO the direction restraint Of the local
tbortiss should have been pleased to have the
renee Of my brethren IN contrary direction II
me that this giving cmsre private corporations
Citations superiority thus far those public fanc
hoparies to whom the interests OF the public
trusted, and this too, by necessary Implication 1t
seems hard enough 70 nave TO make euch implication
In relation to torn OF city that lies between the ter
mini.
Let 10 called liberal to break ths conr se.on be.
tween this road and tho western This 10 q matter
not for but for the Legislature 10 consider and per-
haps they have done II 10 not i'm apostolic that We
may allow the cry Of ilioeraty TO drive lnto Quix
oc and mpracfi-sb,e cosmopolitan stats pride, Sta 70
enterprise patriotism, sehshness but IL IL the very
form Of sslshness that Ii stshs bottom OF all
glory trust that 10 ID not 20 be fri.ered away by the
mere american cling, which 10 Always teadng 70
hterate the loc and effective feelings 81 which
eur present liberties grow, and upon which they desod