The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-21
Ger Philadelphia Correspondence.

PruADElpnIA, June 10, 1851.
The Injunction Against he Sale Of the Pubic Works Of
Pennsylvania, dc.
Perhaps one of the most important discussions en-
constitutional law that has engaged the attention
Of the Supreme Court Of this State elected by the
argument Of counsel, on Tuesday, Wednesday and
Thursday, the application or certain parties, stock
holders and bondholders, for an injunction to restrain
the gale the main line Of public works of the State
of Pennsy ivania.
The State of Pennsylvania the of line of public
orks erected at cost Of about fourteen millions Of dol
lars connecting Philadelphia with the Ohio at Psburg.
She manages there works through Board Of Canal Com
elected by the people, and the power and pat
ronage OF this Board of immense, and power
fully to the permanent possession OF power by
any political party which may for the time being con-
The last Legislature direo.ed the public sale of these
works. afixipg Maximum price OF nine millions Of dol
lars and by the authorized the Pennsy lvana
Railroad 10 buy and in the event OF becoming the purchas
they were also empowered TO take the stock Of
market value. The act also releases the Pennsylvania
Railroad she becomes the purchaser, forever from all
STATE taxes Inc Democrauc convention winch met last
week ut Harrisburg to nominate Judges unanimously do
noanced the act
The Canal Commissioners died bill in equity to restrain
the Governor and State Treasurer from seng and
the Canal Commissioners also hed other bills In equi
yin one OF which he complains s the holder Of three
shares Of stock in the PEI n vsna Railroad 10 Tho Oher
In the last bills he prays that the railroad may be
ground that his contract With the railroad 70
the stock be enlarged without his
In the other that tho income Of the public works for
pledged BY act passed In 1885, the projection Of
the loan holders OF the Sae and that therefore the corpus
from which the inc arises be sold by the State
The questions presented therefore chiefly these:
l. VIVA. power have the Courts TO eDjoin the Governor
and State Treasurer from executing he law, and what
the lmis Of the judicial the executive department Of
his government
Can the Legislature forever release any corporation
individual from the pay ment Of all taxesf
powers and structure OF existing corpora ion without
the consent OF every share holder, sucn act vo
aton of the provisions OF the uton OF the United
States which forods the passage Of laws imparng the
4 Has the State pledged her public works that she
sell the m, and the Courts prevent the
cuiiop Of such law2
On the part OF the Railroad Company II contended
that the Canal Commissioner Mr.. Mott having purchased
mis- stock and loan since the passage OF the act authorizing
the sale the public works. and avowedly with the inen
ton OF Ming his bills that his doing deprived him OF
the power to ASK q special Injunction becauo suitor
cannot deliberately create the Inconvenience from which
he asks q special Injunction To relieve him.
To relieve this part Of the case the compananis in
duced the county Of Allegheny, which holds ono million
Of Penmyvan Railroad stock 10 become party 10 their
bill
The respondents at FIRST replied by showing that the
State pledged 10 secure loan, and that the loan
worth less the stock, and would be exchanged for H.
and that The oanholders TO whom IL was pledged, were
opposed to such intervention OF Allegheny county. Do
fore the close OF the argument telegrapbic copy OF
certified instrument Of writing Withdrawing the int rvenn
Of the Allegheny county stock ws presented to the court
To obtain this withdrawal at the very nick tine the three
great Of the world Is said were put In requis
ton, viz. Money, steam and electricity.
The speeches both sidos were 20 Eerfu especially
those Of Meredith for and Cuyler against The Injunction
Tue Court has h1cd Tuesday next for tho delivery Of
their Opinions.