Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1857-06-24

will be theatres Of party strife. The Courts
should be jealous Of interfering with such |
matter No Legislative act haA ever been de- |
sIared invalid upon motion for an injunc-
ton. 1t should be argued, stripped of GER
tain charges contained in the bill in relation |
70 the application of certain moneys. A de-
cent respect to this tribunal should require |
them to make good such charges. These !
charges have been denied on oath The coun- |
sel for complaipaDts wisely abandoned them
ia bis opening argument, and now this Act
Of Assembly stands free from the charge of
corruption. It is an honest exercise of legiS-
Iaiive duty. 1t is alleged that the Governor
wishes to sell the property for less than its
value The terms of payment and adequacy
Of price are strictly of Legislative character,
and not 10 be controlled by arbitrary discre-
,ion of this Court.
Mr Stanton WENT On to speak Of the expe-
liepoy Of the sale, when he was interrupted
by Judge Lowrie, who said that the Court
did not wish to hear any argument on the
psilt Of expediency.
Mr. Stanton then said that is alleged by
he other side that the State taxes and tonnage
will be released. That was not ground for
the Canal Board to complain or interfere
Having no interest in these taxes they bad
nothing to gain or lose. That the release of
taxes is valid in law according to adjudicated
oases There was no reason for the interpo-
rition of this Court. The Canal Commission
ers having failed to show any interest yes
ted in these taxes, nor their new allies,
the Commissioners of Allegheny county.
DIR. Stanton then proceeded TO take up each
bill respectively. AS to the bill filed by
Che Canal Commissioners no injury had
been shown or suggested by the counsel, un-
less il be in the argument to the effect that
the Canal Board was department of the gov
eminent Of the State. Such claim Of pre-
rogstive cannot be defended here or else
where. There are three departments of gov
ornment required by the Constitution-execu-
tive, Legislative and judicial The complain
ants are mere creatures of the Legislative au-
thorisy The sale of the public works dispo
See of their Office and they become no more
than private citizens H. S. Mott swears
that the Board would be divested Of their Of
foes in consequence of the sale. Mr.. Mott
goes to Market street and buys three shares
OF stock. becomes a stockholder holding the
ono hundreth and eighty-third thousandth
pert Of the stock; dissents to the company be-
cause party to the sale, on the ground the
unsnimous consent Of the stockholders had not
been obtained and that the value of his stock
would depreciate In one bill he says that
This measure is for the exclusive advantage of
the company and in the oath to the other bill
that the company will suffer.
Mr.. Stanton then referred to the petition
presented this morning by the Commissioners
Of Allegheny county, stating that they were
naked trustees and came into Court with .ev-
cry dollaDof the Allegheny stock pledged to
tho bead holders; that these Commissioners
stood in direct opposition to the interests OF
their representatives, and, therefore, have no
standing in Court of Equity.
Mr.. s. then considered the following prop
ssitions urged by the other side: 1st, That
the act Of Assembly authorizing the SALE i'm
pairs the obligations of the contract ID,
That by this act property is appropriated with
eus compensation to the owner. MIR. S. said
that no contract was impaired, because the
State had the right to name any purchaser
and the terms of the purchase. No new pow
er bad been granted. The State. in order to
secure competition, has authorized any body,
corporations or individuals, to purchase, and
offer to give the purchasers corporate powers.
individuals could not become purchasers on
account of the amount demanded. The pur-
chaser must necessarily be corporation, and
no reason had been shown why the Pennsyl
ssnia Railroad being a corporation, should
not become the pui chaser The incorporation
q such company would subserve 4 double
Purpose-publio good and private interest
In regard to the second point he said, thai
he act provides that any stakeholder dissen
cng shall have his stock sold at sale per mar
kst value. This is the position of Mr.. Mott
He is not without remedy. If not provided
with compensation by the voluntary act of th,
Company, he has his remedy at law, wher,
the rule of damages is the market value o
livestock. An injustice would be done to tn
Company by granting an injunction. but nj
sach injury would be sustained by Mr. Mott
fo< he has his remedy at law.
DIR. Meredith arose and said he had listen
Cd with great interest and attention to the ar
gnments Of the learned counsel on the othe
side, with hope to hear an exposition whicl
their ability had led him to anticipate. TIL
whole stress and burden of their argument i
% attack upon Mr.. Mott in his official an
private capacity. This was, to certain ex
tent, gratifying, because, according to tn
rule of the rhetoricians, where party fail
in argument, he must throw an odium upo
his antagonist.
Mr.. Meredith then referred to the charge
and alleg cations in the original Bill upon tn
Pennsylvania Railroad Company, for the EN-
Poyment of borers to govern the members Q
the Legislature in exercise of their duties a
legislators. The other side had not assume
70 deny the Jurisdiction in Equity to the en-
20 which the Bill is pointed. No stockholde
shall have his funds diverted from their orig
inal intent. They must show that the chang
was not such an alteration as would defeat til
rights of a stockholder; that there is som
clause in the Act by which competition wi
stand iE lieu Of the invention of Equity: an
that tho plaintiff Mott is not such a stockbol
der as to be entitled to the protection of
Court Of Equity.
The position assumed by tho complainar
was supported by the decision in the Evans