Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-01-12

plc has been overlooked and dlsregarded. by
successive acts of legislation, many OF these
institutioaslavc acquired discounting privileges
and nearly all the powers of banks without
their Guards, restrictions and liabilities. This
has been effected by the magic of some general
provision in the act Incorporating the company
or by reference to SEINE forgotten supplement-
concealed in the folds of an Omnibus bill, or
lost in the mazes Of the pamphlet laws. Gene
raj laws, whilst they would confer on such
companies all the powers necessary to accom-
plish the objects Of their Incorporation, would
at the SAM time prevent an extension of pri-
vllegcs foreign to such associations. This sub
ject is commended to your consideration.
The Jurisdiction of the courts in relation to
real estate, trusts, the incorporation of litera-
~, charitable and religious societies, manufac-
turing and other associations, has been great
ly extended by recent legislation. This en-
| larged Jurisdiction was conferred for the pur-
pose of relieving the Legislature from the pres
sure of numerous applications for special legiS-
lation in the premises. The courts are, there
fore, the proper tribunals to determine such
questions and in all cases where the subject
matter is within their jurisdiction, the Legis-
lature should refuse to entertain the applica-
ton.
Divorces, unless in cases of extreme neces-
sity and clearly beyond the jurisdiction of the
courts, should not be granted by the Legis-
lature.
BY the act of the 18th of April, 1916, en-
titled Gan Act to increase the revenues and
diminish the legislative expenses of the Com
monwealth," it was provided that thereafter
no private bill, therein described and taxed,
| cbnulJ 10 onroiloI -, Tho oe,oo Of tho Saoro
tary of the Commonwealth, or published, or
have the force and effect of law, until the
party asking or requiring the same should pay
into the treasury of the Commonwealth the
respective sums named in said act. A large
number of acts passed by former Legislatures,
and subject to this tax, remain in the office of
the Secretary of tie Commonwealth, the tax
on them not having been paid. The number
has been annually increasing, and will continue
to increase, unless a summary remedy be af-
forded for the collection of the enrolment tax
or in default of its payment after a certain
period, the acts themselves be repealed. The
amount of enrolment tax now due the Com
mOnwealth is large, and should have been paid
long since | would, therefore, recommend
the passage of a law repeating all acts hereto
fore passed, subject to such tax, unless the tax
be paid within one year thereafter and fur
thcr, to provide that all such acts hereafter
passed, shall not have the force and effect of
law, unless the taxes respectively due thereon
be paid within six months after their appro-
val. Such a law would secure the payment Of
these taxes, increase the revenues, and at the
same time check the demand for private acts
designed to be used or abandoned, as the cal
~culation of chances, or the loss or gain of the
parties in interest might determine.
BY a resolution of the Legislature, passed
the 9th day of March, 1855, requiring the
New York and Erie railroad company to
communicate to the Legislature of the Com
monwealth, a statement, certified under oath
by their president, setting forth what quantity
of land said company now holds in Pennsyl-
vania-its location-how much they have here
tOfore disposed of-itS value-the value of
what they now hold, and when the titles to
said lands were acquired" it was made the
duty of the Governor to transmit q copy of
said resolution to the president Of said com
pany. n copy of the resolution was transmit
ted as directed and the answer of the presi
dent of the company, communicating the in
formation required, is herewith submitted to
the Legislature.
BY a resolution of the Goth day Of April,
1855, | was requested to procure from the
Attorney General, his opinion of the right of
the State of New York to divert water from
the natural bed and channel of the Chemung
river, to the prejudice of the public improve
ments of Pennsylvania the said river belong
ing to both States ; and communicate the
same to the Legislature. AS requested, the
opinion of the Attorney General has been OBJ
tanned, and is herewith communicated to the
Legislature.
On the sixth day of October last, l approx
ed and signed the bill, entitled "An Act to
repeal the charter of the Erie and North
East railroad company, and to provide for the
disposal of the same" In pursuance of its
provisions, | appointed the Hon. Joseph Casey
to take possession and have the charge and
custody Of the road. Before possession was
taken, application was made by the company
to enc of the judges of the Supreme Court of
this Commonwealth for an injunction to re-
strain the agent of the State from taking pos
session of the road ; and subsequently o caU-
tionary order was made by the Supreme Court,
in bane, to stay his proceeding under the act.
The questions involved in the application for
an injunction arc now pending before the court,
and will, it is expected, be determined early in
the present month. The result will be made
the subject Of q special communication to the
Legislature.
The recent fraudulent, if not ~felonious alb
s~traction of a large quantity of arms from the
arsenal at Harrisburg, has shown the necessity
of additional Legislation for the protection of
the arms and other public property of the
Commonwealth deposited in the ~arsenals of the
State. The taking and sale of the public
arms and property. without authority of the
law, by the keepers Of the ~arsenals, or by
others having them in charge, should be de-
clared a felony, and punished with severity
and all persons purchasing or receiving the
same, without proper authority, and knowing