Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1857-06-27
THE surR EnE CocRT AND THE SALE OF
THE MAIN LINE

THE surR EnE CocRr AND the SALE OF
THE MAIN Live,
The Supreme Court yesterday gave an
opinion upon the application OF Mr.. Mott,
The Canal Commissioner, TO restrain the
Pennsylvania Railroad from becoming pur-
chaser Of the main line Of State works, the
Legislature having passed an act authorizing
the railroad company to buy, and relieving
that company from the tonnage and State
tax The Court pass by oil the side Issues
raised In this case. and come down at once to
the consttutionality OF the act OF the Iegis-
lature. Ia effect, the Court decide, and, we
learn, unanimously, that the Legislature has
the power to authorize sale bnt that it
has no authority to extingush forever, by
bargain aud sale, the power 10 raise revenue
for the support Of the government. The re-
venues Of the government are the means by
which il srstsins itself, and the Legislature
has no right to deprive 1t of the use OF these
means for any purpose. They are an essen
t!al part Of the sovereignty Of the State and
cannot br contracted away.
The Court further argue that 10 sell to
one class OF citizens an exemption from all
taxes, aud thus TO throw all the public bur-
den upon the other for all time TO come is
imposing tax upon the latter without the
| consent OF their representatives. and is such
plain violation Of the rights Of the citizens
that the Court are bound to pronounce the
act null and void.
The Legislature, according to this opinion,
may repeal the tonnage tix--that is within its
discretion; but it cannot put the resources OF
the State Of our the reach Of future reproson-
tatives. The Court cite uumberless decisions
confirming this principles, which is founded
on such strong reasons of public policy that
it seems singular that my Legislature should
attempt, in the face OF them, to render the
Government powerless, or assume that may
bind the action Of subsequent Legislatures
by surrendering q right as clearly belonging
to those who succeed as TO itself.
An injunction is granted to prevent the
| Pennsylvania railroad from making any bids
at the sale under the provision granting the
exemption; but in other respects, the act
being Que within the constitutional authority
Of the Legislsinre, the Pennsylvania railroud
may be purchaser the same as auy other
bidder.
The opinion is tersely and vigorously ex-
pfessed, and it will commend itself 10 gener-
al approval for its clear views aud sound po-
licy. 1t is worth reading at length for the
able manner in which il presents the question
and the just disposition Of the points which
arise ihercir.--Phiia. Ledger.
CkpEE.
1t ia ordrred that upon tho compluinants
or either of them, fling bond in the penal
sum OF one thousand dollars. with suffIient
sureiics, to be approved by this Court, OF
any Judge thereof. conditioned TO indemnify
the defendants from all damages that may be
sustained by the injunction granted on this
motion, an Injunction be awarded. command
! ing the Pennsylvania Railroad Company and
| its officers and agents named as defendants
in this bill TO make no bid for or purchase o!
tho Main Line Of the Public Works under
that part 1.-THE proviso in the third section
of the oct of 10Th OF May, 1851 which requires
the said Company to pay in addition to the
purchase money at whice tho Works may De
struck down, the sum o, one aud a half mil
lions Of dollars and in consideration thereof
assumes to discharge forever the said railroad
company, and also the Harrisburg, Ports
mouth, Mount JOY and Lancaster Railroad
! Company from the payment OF all taxes upon
tonnage and freight over said railroads; and
also to relieve the said Pennsylvania Rail
road Company from the payment Of all other
taxes or duties on its capital stock, bonds,
dividends rA-iSioperty, except Tor school, city
county. borough or township purposes. And
also commanding the said Pennsylvania Raii-
!
aforesaid strictly 10 abstain from accepting
any assignment on the terms stated in tho
! aforesaid part OF the said proviso or ex"cu.
ting, or delivering &c the Treasurer of the
State any bonds Of the said Company, for
any greater amount than the sum at which
! the Main Line of the said Public Works may
be struck ,ownat u public sale. on fair and
equal competition With all other bidders.
.iad also ccnlrianding the said reDnsyira-
na Railroad Company aud its officers aud
agents srorcssi sid, strictly to abstain from ac-
ceptng any transfer of The said Main Line OF
the Public Wpfks from the ;, cretary uf the
| Commonwealth under the great seal of the
State, founded upon, or in consideration ot
and purchase upou tue terms herein prohibi.
ted.
.ind atso-sg~mandiDg Henry s. .Noqda
tie Treasurer dftke State, strictly 10 abstain
from accepting ihe delivery of any bonds ex-
ecuted BY tho Pennsylvania Railroad Compa-
ny on the terms herein prohibited, or for any
greater amount than the sum at which the
said lain Line OF the Public Works may be
struck down a. a fair public Sale OF the same
upon equal terms to all pessoae desirinp to
purchase.
and also Commanding Andrer e. Cnrtin,
Secretary ef ta+ 2eanmonwealM strictly 10 alb
ttain from mstsg any transfer OF the said
Public Works under tho great seal Of the
State, upon The terms hereing prohibited, or
for any creates Smonnt than The sum at which
the SAID Works msy be struck down ut fair
public sale as = esresad. .,-------. ....-.....
This Injunction TO remain in force until
hearing or the further order Of this Court.
---------------.--
Tns 0Hto DrsfIcATIoN The defalcaton
which has beer t.tsceyered In the Ohio State