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 10 prevent the saie Of The Main
Line. II is clear and strong exposition OF
The constitutional kqueslion in reference 10
The object Of taxation, and shows how FAR
seJoad sl;nassduty the east- Legislature ssss
tempted to go in its wild effort 10 ALLEVIATE a
vital part of that power.
We now come to the vital question in.
volved in these applications. The acts of
Assembly of 16!h May, 1857, makes pro.
vision for public sale, and, for the purpose
of inviting competition, directs that public
notice Of the lime and place be given in one
or more newspapers Of extended circulation.
published in tge cities Of Philadelphia, Pitts
burg, Washington, Boston, New York and
in the borough OF Harrisburg. Il authorizes
"ahy 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 pnrehas.
ers for any sum not less than 1900, 900 dol
lars" But, there is a proviso in the 81 sea-
lion, which declares that ''if the Pennsylva.
MIA Railroad Company shall become the
Purchasers, at The said public sale, or by as.
sisnuent, they. shall pay, in addition TO the
purchase money al which It may be struck
down, the sum of 100000 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 alltaxes upon tonnage or freight
carried over said railroads, and The said Penn
sylvanias Railroad Company shall also be
released from the payment of all other taxes
o. duues on lis capital stock, bonds, divi-
dends, or property, except for school, city,
munty, borough or township purposes."-
1he amount of taxes proposed 10 be releas.
I'd is beyond calculation. II can only be
fonjec,ured. It wouldbe greatly increased
by the tax which would Of course be levied
on the property about 10 be sold to the Com.
pany. JaSeing fropa The increase during the
laa five years, aud The constant augmenta.
tion of commeree and travel along The route,
il would seem reasonable to believe that in
five years ffom this time II would be double
It's present amount. But coIcediug that the
tax be released will hereafter amount to no
more, rer annum, than the sum paid in
1856, the amount awarding 10 the admissions
-qf the Railroad Company itself, would be
$2S0,739.2l per aInum forever This sum
is more ,hau equal to the interest on S., GOO :
900 at 5 per cent, the rate 10 be charged 10
tue purchasers. In other words, the acts OF
Assembly proposes 10 give 10 The Railroad
Company a consideration, equal TO 5000, 700
for $1,000, 900, and Tins 10 give the Com
psny an advantage eqnal 10 81, 1905 900 over
every other bidder at tho sale BY means
of thispiviIege. the Pennsylvania Railroad
Company may dive from the field of COM
petition siteshef bidders. II is essentials %
-p~sryI fair pubic aaesiee. Hat all the bidders
shali 81 "a u, i II adei fsciirg.
IF The obiscl had been to make a fair SAD
of this porllon OF he State revenue, It might
have been evinced by q provision for the
transfer Of ii ioihe highest bidder Wilton.
distinction in favor Of any one. Bnt this
wasnol Done. Tie extraordinary pfoyiso,
jH favor Of the Pennsylvania Railroad Com-
pany, is partial and entirely repugnant TO the
general intent Of tae act; aud If allowed to