New-York daily tribune., 1856-03-31

tbcrities. TO the Hartor at Ene, ana 'n'noo up
sr.ip-s change which, the Company sT' would
cost $3.50 900, or about half the entire expense ="
buildpe their road, beside delaying its uain'
and immensely decreasing its capacIty-'oey say
70 one third of what it now is. ln default OF CUM
,li,nce with these tyrannicsl and runOus require
NJ. the Legislature decreed the forfeiture oi us
charter. and bare majority (three to two) OF the
Supreme Court Judges have upheld that act as
legal and valid. And this forfeiture tue majority
saw. works complete confscation OF the haiiroad
to the benefit Of the State Not merely the iraA-
cbisss which the State conferred, but the iron
bouObt with their own money, the bridges planned
and constructed BY their hired architects and
vorkmen. the right Of way they have been made to
pay smartly for, the very alterations they nave just
made by order Of this identical Court are al taken
from those whose money paid for them ana con-
yeyed TO the State by the mere act OF repeating the
charter, Hear Chef-Justice Black lay down
PENNSYLVANIA law on this point:
"This act takes nothing but the road Is that pm
yate propertyl Certainly not IL u a pabnc hlSn-
way, solemnly devoted by law to the pupnc use. use,
Wien the lands were taken TO build it on, they were
taken for public use; otherwise they could not nave
been taken at all. IL IS true the plahtlis neu ISn.
to take tolls from al who travelled or earned ireish ON
it, according to certain rates nheu "a ene wei an.
that was a mere frsnchise-a privilege derived en-
,irelv from the charter-and It was gone Wneh Iue
charter was repealed The state may grant 70 coi-
poration or 10 an individual the franchise OF taxing
tolls any highway, opened or 70 DC oPeneu, ~
il be railroad or river canal or bridge, turnpike OF
common road. When the franchise ceases oy It's own
Limitation, by forfeiture or by repeal, the highway Is
thrown back on the hands of the State anu II oe-
comes her dtxy, the sovereign guardian oil the puo
lie rights and interests to take care OF IT. Sac may
renew the franchise give to some other person e1er
else il hersef declare the highway open ana nee 70
ar ,te raorle Railroads made by the au-
60 tof tbe commonwealth upon land taken under
her right Of eminent domain, and established oy her
laws as thoroughfares for the commerce tnat passes
through her borders, are her highways; NO CORPORA
t,on has any property IN the", though co,PoratVV9n
NAV have franchises annexed 20 and exercsable within
them. uL
"Such franchise the plaintiffs had, but they nave
Il no longer The right to take tolls on road Is an
incorporeal heredtament, which may De grantee 70
CORPORATION or to an individuals and the grantee has
an estate in the franchise. But what estate Inc
estate endures forever if the charter be perpetual Tor
wears il il be given for limited PERIOD ana ~ VIII
It be repessble at the pleasure oil the Legss'ate;
This CORPORATION after its privileges were abused had
an estate at will and the Commonwealth chOse 10
demand repossession. That terminated the estate as
compl tely a. estate for years would De teruhated
after the expiration of the term. The grant was ea
hdCeted, the cOrpOrhllOu utcu ito
OF life was expressly limited, at the day OF Its creation
TO the period when the Legislature should dissolve IL
for misconduct. When the Legislative whu was
spoken its hour had come. Having no ngnt 10 keep
the franchises any longer, would be absurd 10 ciah
COMPENSATION for taking them away.
We are not about to insult the understandings
of our readers by showing that there isa broad
distinction between "the franchises which the
Legislature gave, and the Road which the Com
pany built with their own money, and toward
| which the State never contributed one farthing.
The Legislature has right, for valid reasons, to
resume what it conferred though to do 50 for
purely technical, Insignificant and unintentional
variation from the requirements of the charter
especially after the Legislature has directed, the
Supreme Court decreed, and the Company has at
great cost accomplished a rectifcation OF its al
legged errors, Is a very gross act of tyranny. But
to 90 beyond this, and cOnfscate private property
| 70 the value of at least Half Million Dollars
property invested on the States own invitation, to
effect purpose of the highest public utility-is a
| little more than we could have anticipated, even
| from Pennsylvania jurisprudence; and we would
| advise those who think Of making investments
| under the legislation Of that State to read Mr..
Justice Blacks Opinion in this Erie case very
carefully and thOughtfnlly.