New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-22
Lochpor Railroad Company, passed Nay $,

.orrr. Of thc ,s.i pind TO-. az roos md oh'r
say sicep. he odna ,ssrsss Of ,'srser' - a., "sd
1p1r ilo property UPON he sad Cah.'
The let section OF the sct 20 incorporate ne buiht"
Ant Bsta, ia Rail Odd, passed April H. 1883 provides
IN. ,rro,sios hereby sres'cd .s DO, Aie and ;Hr'pf
merchandise or property ~ .lch marie :: =. u n ''
The Sth sart on Of he &C. 20 Incorporate tie SNra
ruse and Utica Raj road Company, passed Way III,
1874, provide that r--c,,,..
usvsahc corraon h'reby created hal pay 70 tie m
Of The ,aD.i Fund 'h tots 90 AZ s,d' Snd oihs'
rotsy carried fhe -. r.a ~ aye
scsp: tho ctrry sfs'se Of P:.erseI, as ,he Sa' bI
.s .. D %,,m ~. no no I'D csna
The Eth section Of the act Ia incorporate the Bui-
islo and Niagara faii- Railroad Company passed
Nav g. 1874, provides that
the Canal Ford the -.c to. PEI MI on 81
,ood' aud ohr roIrIy ,I.posd a.. sna .'S
;n % mp Sy he & r. io.S be required - b.
ian.1or,ed taken aud carried the Eric Csus cNcep,
50 said road sNendsto AID o Ionawsnds Creek 70
she lst lection Of the act to incorporate the Oswe
90 and Syracuse Railroad Company, passed April -,
1899 pr, vides that
ovese cs. b So b. n.SssSe t to hs payment
the same c- apon ell freight carried on said ros a. The same
frrsh: we're carried upon the Erie Cana. -, c.
The llih section OF the act ~ incorporate the Sar-
atoea and Washington Railroad CcmPaDy passed May
= 1874, provides that -.
Va
f,,..gssr. shsI be :ran.roeG or car,iea said road
The charter of the Lockport AMI Niagara Falls
Railroad Company, passed April H. iS5l; the A H5
and Buffalo Railroad Company passed May $, 1870
the Schenectady and Troy Railroad Company passed
Nav 81, 1896 the LockpOr and Batavia Kali
road Company, passed May u, 1880: me iona
wanda Railroad Company passed AprU ~ 1917 'he
Albion and Touawanda Railroad Company, passed
April IL, 1892: the Rensselaer, and Saratoga Railroad
Company passed April H. 1872 and the charter 0tthe
Mohawk and Hudson Railroad Company from hinany
10 Schenectady passed April IL, NO, tie hrst kail
road charter ever granted ~ TINS Ntate conIaeu Nv
prohibition against carrying and Transporting GOODS
and merchandise coIning IL competition win Tue
canals.
In 1874. MAY = the legislature passed an act, the
first section OF which is a. follows
The Utica and Schenectady Railroad Company are he3y
hses and other property offered for trenspor
aon. darng the ,aea'iop q canal "dr'o" " fae" year
The % section authorizes the Company 10 fix,
regulate and receive reasons bis tolls and conlpensd'
ton for such transportation. al
The ID section required a return to be MADE 81 an
property transported, to the Coinmssiou'rs oi ne
Canal Fund and ~ pay the same t"ls upon II as
would hay, been chargeable upon the canals.
Tie th section granted the same privileges to: ana
exactedth. duties from the syracuse ana ,tca'
the Auburn and syracuse. the Auburn ana hocnes'qi
the Tonawnnda and the Atira and Buffalo Railroads
Bv am act passed May l3, 1916, the Legislature pre-
scrib.d specific tolls Or the transportation o CERTAIN
enumerated articles upon the rouawanda Railroad,
BY chap. 30, Laws OF lsi, passed Nay - '"'
Legislature authorized, by It's first section,
The Utica schenectady RAILROAD Sompany to Se Dr ana
transport pon Their railway al goods ehH 'n' O'A'' prop
The I'd and ri sections provided for the re-
ceipt of tolls aud for of the goods transported,
TO the Commissioners of the Canal Fund aud the pay.
mcnt of canal tolls.
BY the 4h and 9Th sections the provisions Of
that Get extended o the Albany and Schenectady,
the Svracuse and Utica, the Troy and Schenectady,
the Auburn and Syracuse tho Auburn and Rochester,
no Tnp0u npiD tnp nd ne
Oswogo and Syracuse Railroad Companies
The first general railroad act, passed March y,
lsiS, provided tina, tsee Sec. 25),
pany formed Under This parallel nearly parallel TO
any canal this State and within thirty miles said canal other
the opinion Of hs Les.atrc divert 5nsine.. Of Transporting
PoPy from any Of TO- canals belonging to IN, sit n 9' 9
property ported Ipou railroad than the ordinary
%GG have Sn pay G to the c o o,S S' than
baggage had been transported ofsch canals"
The provisions for return OF property and payment
of canal tos similar to those in the acts of 1877
and 1914.
Section 10 contains the following proviso:
Pyorded That nothing in this contained -hs authorize
any existing railroad company carry freight without the pay
m'nt OF tolls Pursuant The act entitled act relating 10 the
iss OF freight upon certain railroads. passed May L.
In 1850. the general railroad law wa. altered and
amended, by chapter 40, passed April ., 1850.
Section - il as follows:
railroad Of company formed under this
'hs run parable or rraTy psrale to any casl OF this STATE
railroad shall pay 10 The cans fund.- all property transported
upon it, railroad other than tb. ordinary baggage of
the tolls upon that portion Of the road running parallel to
The canals tina, would have been payable to the State such
property other than baggage had been transported any such
rsnsl any such company shall make returns such times
and in such the Commissioners of the Canal Fund
shall prescribe OF oil IN. property transported on its railroad
except ordinary baggage Of passengers and the said Commission
eH authorized aud required 10 prescribe the manner In which
uch tolls payable the cana fund by such company shall be
collected and paid and to enforce the collection and payment
purpose any company that shall neglect
se Ia comply with such regulations shall forfeit 20 the
refuse and in every Of such ouen shall be the
dy Of the Attorney General to P'ece such company for the
penalty IN the name oi the people,
BY subdivision 100 OF the 3lst section, all existing
railroad corporations were required 10 make the de-
tailed rcpor therein prescribed. and the was TO
b. deemed full compliance with any existing law
Or resolution requiring aHndH reports Ia DE nude
by such corporations.
In 1851 the browning Dituity was passed. We copy
it in full:
"CnAr se7 An Act to Abolish Toll. Railroad Passed July
The Peop Of the STATE Of Ner Yo+ ,re,aeaed IN Senate
a.! .s s % S.%S %,ySHS,
n hi' State 20 pay any sure Of money into tn II.s'y Of h
road DAY December year ls5L
SEC 1t shall not be after the said first day of DE-
monthly statements Of the the property carried on s railroad
SIC All acts ard parts Of acts requiring the payment Of
ss on any rsSaS are after Se d ff., day december
far 3, they conflict With this act hereby repealed"
From Our Owl eonespordeIt
ALBANY, Jan. ~, 1859.
lfyour readers found the extracts from the rail-
road charters as tiresOme as the search for them
was tedious, very few will have had the patience to
read them. Many, however, will be glad to review
the history Of legislation relating to the conflict
ing interests Of railroads and canals
The canals are State property. The railroads
are private property. The former have been built
at the expense and upon the credit of the people.