The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-07-08
A STRONG OPINION.

We copy the following extract from the
opinion of Chief Justice Lewis on the late
injunction to prevent the sale of the Main
Line. 1t is clear and strong exposition OF
the constitutional question in reference to
the object of taxaton, and shows how far
beyond honest duty the last legislature was
tempted 10 go in its wild effort TO aierate a
vital part of that power
We now come to tho vital question in
volved in these applications. The acts of
Assembly of 10th May, 1857, makes pro-
vision for public sale, and, for the purpose
of inviting competition, directs that public
notice OF the time and place be given in QUE
or more newspapers of extended circulation.
published in qe cities of Philadelphia, Pitts
burg, Washington, Boston, New York and
in the borough of Harrisburg. It authorizes
"any person or persons, or railroad or canal
company now incorporated, or which may
hereafter be incorporated under the laws of
this Commonwealth, 10 become the purchas-
ers for any sum not less than 1900, 900 dol
lars" But there is a provso in the Sd see-
lion, which declares that ''if the Pennsyva.
MIA Railroad Company shall become The
purchasers, at the said public sale, or by as.
signment, they shall pay, in addition 10 the
purchase money at which it may be struck
down, the sum of 500, 900 dollars, and in
consideration thereof, the said Railroad Co.,
and The Harrisburg, Mount Joy and Lancas.
ter Railroad Company shall be discharged
by The Commonwealth forever, from the
payment OF all taxes upon tonnage or freight
carried over said railroads, and The said Penn.
sylvania Railroad Company shall also be
released from the payment of all other taxes
or duues on its capital stock, bonds, divi-
dends, or property, except for school, city,
county, borough or township purposes."-
The amount of taxes proposed 10 be releas.
ed is beyond calculation. II can only be
coniectured. 1t would be greatly increased
by The tax which would of course be levied
on the property about to be sold to the Com.
pany. Judging from the increase during The
last five years, and the constant augmenta.
,ion of commerce and travel along the route,
It would seem reasonable to believe that in
five years from this lime II would be double
lis present amount. But corceding that the
tax be released will hereafter amount 10 no
more, per annum, than the sum paid in
1856, the amount awarding 10 the admissions
of the Railroad Company itself, would be
$2SO,73921 per aruum forever. This sum
is more than equal 10 the interest on SIS, 600
600 at per cent, the rate 10 be charged 10
the purchasers In other words, the acts of
Assembly proposes TO give 10 the Railroad
Company consideration equal 10 5,6o0,ooo
for s /, 500, 900, and thus to give the Com
panY an advantage equal 10 $4, 1Oo,o ,oGo over
every other bidder at the sale ? By means
of this privilege, the Pennsylvania Railroad
Company may dive from the field OF COM
petition all other bidders. II is essential to
every fair public auction, that all the bidders
shall stand upon an equal footing.
If The object had been 10 make fair sale
of this portion OF the State revenue, il might
have been evinced by a provision for The
transfer of it TO the highest bidder, without
distinction in favor Of any one. But this
was no. done. The extraordinary proviso,
in favor of the Pennsylvania Railroad Com
pany, is partial and entirely repugnant 10 the !
general intent Of lse act; and il allowed TO !