New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-15

L.. b u II
be altered or changed except IN he way Poinei ou'i
but the Auditor respectfully submits thst the direnco
10 appropiise and pay certain spec'hed sans ou' Oh
The revsnues Of the canals, implies an ooHSlon aod
duty 10 npcse such r.tes of to would be adequate
to meet the demands Jon them Tbs quesnoh W.
well considered settled and acted upop, soon aipT me
Cor .tituiion of 1916 was Tath.d zoe aauL% .bo,
aware there was ever dep sr1Te from the rule max
rates of toll were 10 b. fixed solely 10 ves 10 revenue
Several laws granting bOunties or allow ing orawoscSs
on sst and coal transported on the CANALS, oecAlne
dead etter or were repealed, a. infringing upon te
Constitution. o,. .1 al
AT the time the Constitution Of 1876 was framed and
adopted sou Of TIE railroads that were released IRON
paving tolls by the act Of 1851 we're ennrey pfooio'
ed by their charters from carrying Height upon any
conditions, and others wire allowed 70 carry ueFu'
or cor di.ion of paving tolls Woald the Legislature,
in view OF thee constitutional pledges, have rePeaeo
these restrictions entirely and uncoudaonahy II t1e
ia had been known that the eompehlon aho'eN
would have reduced tie tolls below TAR revenue
standard that would meet these contributions Inc
oisture Of 1877 did no, think so. BY the at chap
fer go of the Laws Of lSi7 the railretd companies
whose charters prohibited the transportation OF tegns
upon them were relieved frsm the restrictions, ana
they we're allowed to take and transport upon tneiI
RAILWAYS all goods chatels and property that might oe
offered; and these companies, as condition OF zoe
grant were required TO pay into the treasury Oh me
State the same tolls Per mile on all properly az "cuo
have been paid On them from the point Of receipt 70
the point Of delivery had they been transported on 'he
The same act also provides and declares that the
should be deemed to belong TO the Canal Fund, and
houd be paid over ar applied in the manner az
clls collected freight transported on the canal, and
il il Dot believed that any other direction coula nave
been properlv given TO these receipts
The act of 1851 was not considered an infringement
of the sixth section of the 9Th article, for the reason
that did not sliens'e any part or potion OF the IN
come of the canals. If the Legislature cannot sell,
ease or otherp e dispose of any Of the canals OF the
Estate" il is q iicult to perceive by what authority
their revenues known fixed and enjoyed when me
| a ha ole
canals must r, man the properly of the State and un-
der its management The State held An ungrau'ed
franchise in 1876 which secured TO its citizens sure
and certain immunity from all iutqre burdens IN regard
10 class of specified public claims. Should or can
that franchise be alenated before all the beneficial OBJ
iects for which ii held have been satisfied II the
State CT grant away any portion OF ihe canal ieVe
nues Permanently, 1t cen dispose OF 'he "hole vi Hem
without reserve.
Tie act to abolish tolls on railroads was passed as
majority bill on the 10th Of July, 1851. AS printed IN
the Session Laws it does not appear thai three-hith
quorum present, nor was IL passed oy t"o-tnru
vote IT. provisions
al II shall be necessary for any railroad company IN
state on Seco1nt transportation Of property any rail
road and ,ter the first day Of December, ls5L n.
S2 shall 10 after the sld hist day oil De
cenbr ne1 for any railroad company to make to the Con
noer monthly statements OF the property carried on 's t
rs All c,. and part. of requiring the Of State
Tr o Any are aier the aid fret day December
next sshey conflict with this act herr oy sPeAeS
The act of lo47 conferred upon certain railroad com
NAMES a tight ard privilege, franchise which the
State held trust for the benefit OF It's creditors Inc
oIant was made upon conditions that could not II
faithfully performed have produced any public Injury
or violated the public faith; those oond hons were the
payment into tie treasury in such manner as the State
hSuld prescribe and direct such fixed sum per tun
per mile on all fregh carried by the roads as would be
PAYABLE for tolls if transported on the ctnsls
There was compulsory obligation imposed on tae
railroads to ra sport goods and property on theI roals
but If they did so then they agreed TO pay compen-
saton 70 the Stste for the privilege Some OF these
companies had not, until the act Of 1877, any right to
receive compensation tor the carriage OF freight.
These questions are presented for solution;
Did the act of 1851 release discharge commute
zone claim or demand of the State Ii then it can
have Do constitutional efficacy, unless 1t was voted tor
by moi rty Of all tie members elected TO each House,
when three fifth quorum was present
Did The set appropriate public moneys or properly
for local or private purpose Ii It dd then could
have constitutional validity except win tue assen'
OF thirds OF The members elected " each Oraaoh
of the Legislature
pose of eny Of the canals of the Safe. can 1t sell lease
or in any m8pner al enae or dispose OF the prohts, IN
Can the Legislature by direct action of any kind
rduce the Canal tolls TO render the surplus insult
fcient TO meet the trusts coDstituonay charged upon
them or in other words, would law be valid which
fixed the tolls at 60 low rate as TO produce ehy H.
cone suict Mt TO pay the Expenses of cJieoton su
"p. rntt ndence ard ordinary repairs and leave The
trust fun d. 10 be pro yided for in some other way
II has been urg ed that the reclamation of the Rail
road ,os given away in 1851 would be exertion of
power burIfu trade and commerce, and obnoxious
10 the charge of establishing monopoly IN the tanspo
| taton of merchandise ard property TO market
If the question coItGed TO the repeal OF the act
of lSi7 and the rempostion OF the restrictions upon
tie yaie ad companies which were IN force when thai
act was passed there might be grounds Tor urging
such al arguments but that s not the question TO
be disposed Of Ii more nor less than thus: WIN
tie State red, it's obligations resort 10 the cspaci-
ty AID of the csnals 10 enable 1t TO maintain
til oh nd nd
the capacity of its public works by surrenderng 10
corpor ATTIC MS which but the mere creatures OF
| it, will tie power to take 30 much OF the carrying
| trade as may suit their pleasure or purpose.
| and thereby, from loss Of revenue, be compelled
| 10 turn round and levy tax upon the people
| TO replenish an exhausted treasury and enable 1t
| TO perform its whole duty TO the public creditors
The peculiar constitutional restrictions imposed upon
the Legislature in respect finance and the creation of
debt may at times endorsements which are
difficult TO be sumounted, and these EMBELLISHMENTS
| are very much aggravated by non adherence to
settled line Of policy until some reliable results are az
ceTtaned
The efficiency of the present Canal revenues TO pay
the debt charged uptn them, aud to meet other
charges which have been and must be incurred,
whether the public works are pressed 10 completion or
are susIeL died. il quite probemadcsl as almost
| any other depending on future solution.
The diversion OF hade TO other channels Of communi
cation between the points Of production and market
the changes in the lines Of transit and the opening of
Lew MARKET may, in the period of ten yesrs, bear so
severely epon Canal traffic as to reduce the os TO
a mere nominal cum. Then the negotiation Of g loan
upon he credit of the Sinking Fund to supply the de-
fcency of TO pay interest will not be found of
easy accomplishment. And these equitable taxes 70
qnreo by the Constitution to be imposed TO support the
cIeoit of these Sinking Fund viii be considered by
those who called upon to pay them as quite neqait-
| atle
III. difficult to see the justice or the right, or even
the e1pedeIcy of cur loading posterty with Debt OF
| cur own creation, when the heritage give them
- a HOFn ont and Anil Ted