Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1857-06-20
FOR iSJUsCTIoH AGAINST
THE SALE OF TIE MAIN LINE

In the Supreme Court, before Chiuf Justice
Lewis, and Judges LowEie, Woodward Knox,
and Armstrong, the argument in the applica-
tions for special injunction to restrain the
sale Of the NJ ain Line, which is advertised TO
take place in the city, on the 25th Instant
was commenced.
There are all, thrco 'eparate cases, in which
separate bills in equity are filed. lst. The
bill filed by Henry S. OFT, o stockholder in
the Pennsylvania Railroad Company, to re-
strain said company from purchasing said
Main Line. I'd. y bill filed by loanholders
Of the State to prevent the sale of property
pledged to secure the said loans. The latter
bill was fled on Tuesday last, the two former
were filed on the 9th of June, and TO which
alone the argument of counsel we're confined
to-day, af1idayits and arguments having been
prepared to meet them. The counsel for the
cOmplainants are Messrs. w. L. Hirst James
IL. Walton, Charles r. Buckalew, and W.
Nj. Meredith. Counsel for the respondents
are Messrs. Stauntou, Cuyler. St. Geo. It.
Campbell and Attorney-Genera Franklin.
Mr.. Hirst commenced the argument on the
part Of the complainants.
In addition to the above bills. Mr.. UIrst
stated a bill had been fled in ALLEGHENY
county by a lOan-holder of that county in
behalf of 10000 shares Of stock. Mr., first
said upon the FIRST bill fled by the Canal
Commissioners, who were in fact the Com.
missouers OF Public Works in the State.
questions arise involving some Of tine iupda.
mental principles of our government-the
questions Of taxation, and OF exemption from
taxation. 1t is provided in the Sd section of
the act OF sale that, for a certain price to be
paid, the Pennsylvania Railroad Co shall be
released from the payment Of taxes on its
capital STOCK, bonds, dividends. &c.,-an ex-
empton OF taxation forever This is q con.
stitutional question, and il the doctrine Of
exemption be once established by this Court,
u VIII De impossible TO escape from il here.
after and forever. IL it is competent for the
Legislature TO make q contract selling an
exemption from taxation for State purposes
TO company or corporation, as attempted
IN the case before the Court, the Legislature
can sell the same privileges OF exemption 10
any other company or corporation who may
apply for the same, Offering bonus for such
Immunity. Ii this system be once estab.
ilshed, We shall see scores of petty CORPORA.
tions knocking at The halls. of our Legislature
for similar enactmeDts. 1t is instituting a
class IN this Commonwealth with privileges
above oil others, to exempt those whose
property was most profitable from bearing
share in the common burden OF the Com.
monwealth.
Mr.. Hlrst then proceeded to argue that
the Legislature had no power to make such
contracts. The power under which the act
was passed is in the lst section of the Con.
s,itut'on, establishing Legislative power.
the Legislature, and the exercise of that
trust is Tor the good of the people The SOW.
ereignty resides in the people; the power
conferred in the Legislature is only a trust
so stated by Chief Justice Tsney, in l6
Howard. Other authorities were also cited
in support Of this proposition.
In reference to the bill filed by the stock.
holder, NJ. Hirst proceeded to argue that the
provisions of the act Of Assembly, if accepted
by the Pennsylvania Railroad Company,
would cause material change in the charter