The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-29

participate in their use by the transportation Of their pro-
ana .e" only oy paying an advanced rate Of
ne current rates when thus excluded"
VI ns NUN Of these complaints cannot Judge; but,
'ssuhang thrm To be well founded think these evils
nou DC corrected, and, II need be- by law. By the
,sni common law II was made the duty Of common
by any at San .oa
-nabe hire This duty from the public employ
%en, Is ,h sa aGca: i Inconsistent with this duty %
eain these eooas an unreasonable length Of time, 70
i've preference to the of other property whose
oods net placed in TIE possession of the carrier until
subsequent period OF time
II is also alleged in tho report that the railroads arc
ccuscmed TO transro goods from Buffalo New York
u les than the actual cost Of transportation while up0n
nroperty transported but part Of the distance tho
harres much than the actual cost may ba
Gecesary the roads for the losses sustained
N the property carried the whole distance and make
pro on the whole and that charges upon way freight
based upon acknowledged ground the nccess
ties Of individuals compel them pay these charges.
II seems to that snch discrimination against our own
citizens is unjust, and should be corrected.
The railroads derive their corporate existence from the
people OF this state represented the legislature They
are invested with the power Of Eminent Domain by the
people OF this state Our citizens residing tho sea-
hoard than the citizens Of Illinois Minnesota should not
be deprived of the advantages which location secures
Although this subject is one to which have had no &C.
cason TO direct my attention. and IL IL somewhat foreign
me, that the discrimination of which You complain it
exists unjust to the people # State and should
be guarded against by law.
Net being the OF railroad stock, I in o
portion to remind you, that, while you entirely right
in endeavorirg to secure for these who Interested
our canals all their just rights, Injustice should be-
committed towards that large class Of citizens
haye Invested their property in railway enterprises.
Believing that my all tho questions sub
med to me, have the honor to be- yours very truly,
LYMAN rREaAIN
The following is the reply Of Robert Derns,on,
| for the Office Of Comptroller
To Mcssrs Henry o'Rn1Lg, Chairman, and HrGn ALLEN,
GrsnFxKs-I have received your circular behalf of
the Clinton league, propondng to me Certain inquiries
tn the nf.n1
mtrf, ard our state in'r' s's generally"
The drst stnn Are you, or you not in favor
OF the completion OF tho Enlargement oi the calas ac
cordire u iuwffi
answer in the affirmative.
What, question. ,e,e may have been 10 the d.
mensos Of the enlarge: canal or the policy o, compet
nf H. ha!y settled by the Constitutional Convention
Of 1910, and ought not m my juagmen I, have been
again disturbed. The great wort. being now
,e'i"n, the interests az the STATE demand that il shod her
nnshec forthwith, as soon as The money can he reasonably
obtained for that pET!ns and n {. az efficient posi-
bic 10 attain is great ohioc OF ,ts construction.
Wien member OF the legislature was dissatisfied
with tn construction Of some u the lateral canals: but the
constitution secured also their completion. Being
substantially dnshed, the plain dacs Of those who may
have ,lo official cont o os them viii them as
useful iossbc consistently with the Of tho
state 10 all concerned ~ their nav CATION.
vor Of ling or Leasing tie canals Of this stae-con-
verrg them from pubic highways into private m mo
poli.ftn
Iapswer IL the negative.
When On the enjoying fhe felt advantages of the
enlarged canals II would he extremely nw>s To sell or
lease them. Tho constitution iorbias their sale.
One OF my FIRST votes cast fof II. Witt Clinton for
| governor. He vas then struggling amid many dIica-
ties to accomplish the construction II the Eiie and cam
plain canals He had my earnest though humble support
veEcrate his memory. Those canals the enduring
prosperity and greatness Of the State Of New York and
should the legislature seriously propose tneir sale or
alienation II would require but little excitement OF the
imagination to look for that great irom the
: dead ard rebuke the proposition.
The third question is care you or are you not in favor
of securing the people OF this stat a rights upon
the canals and railways Of this State, by law defending
them against that perncoos discriminating railway
policyr'
ans .er in the affirmative.
The original policy which the canal enlargement
based and the railway companies its charter
ed that the trade and tonnage from the lakes the
Atlantic markets yield the money pay the in
tces ultimately discharge principal Of the canal
debt It appears TO me that policy has becn departed
FROM the canal have been frttered away and
resort has been had To taxation u make up for deficits
| This causes just complaint among the people
The duty Of the Legislature, in my judgment, is to cor
rect the error into which they have fallen and in their
wisdom devise some with which the railroad
companies would have just OF dissatisfaction, and
secure from the vast traffic alluded TO- the very moderate
tribute necessary to carry out the original policy and
| heve the people from taxation.
In reference to the Disseminating railway policy,
suppose moderately higher charge tor freight going
short distances through freight woud be deemed
just oaus OF complaint; but said policy as represent
ed TO me- be carried to an extent to be oppressive ~ those
using ~ railways deem fair subject for legislative
| correction
| lam, with great respect, your obedert servant
Reptile. were also received from Ncss-s Trumaa Dem
| niston, Church, Dorshemer, Skinner and Van B. Rich
mond
Geographic despatch from D r. F Jones states that
he is in favor of the canals, but received the letter
late To reply.
Comptroller Church writes as follows
ALBANY, Sept. 81, 1850
GEyTEMESYour favor making certain inquiries rela-
lative my views hr best policy Of promoting the.
interest ofthe canals, came to hand too late enable
me make any other than a brief reply. have
personal interest in either the canals the railroads
Of this State except citizen of the State ana
therefore in position independently and impair
tally any question which may call for my Official
action Since have held the Office OF ConroI,er have
labored earnestly, and with such the limited
means at the command Of the and the embarrass-
mcns OF the treasury would permit 10 increase the capa-
city Of the canals for business, and am sincerely in
favor of their final competition
vided by the legislature for that purpose aud have sup
posed that this could be done as to being them toto
with seven feet Of water il. the spring Of 1850.
power to accomplish that object. nm opposed either
the sale or lease Of the canals and in favor of maintain
ing the constitutional PROHIBITION against such disposition
OF them. ] decidedly in favor Of adopting sach
policy in reference TO the manage nut Of tue canals
avert the evils cf which your third mt,rfcgaiory
plains. As member Of the Canal Board have favored,
and shall continue 10 favor the tocv OF guarding the
ara protecting the business Of the canals
by all legal and just modes and whatever legislation
may be necessary 10 defend shese great avenues
of ira lie and the commerce. of the Stlte ,anst
fair competition and unjust aggression Should be
adopted The STATE IN lis canal rocy hoi.d b. true
It's interests ana faithful the rights and interests
Of its citizens and certainly the latter sio,d not be
placed in uniavorablc position in respect the
OF OWN PUBIC WORKS the CftiZ,LS other
States. is emnently just that the productions OF
other States which have been largely enhanced in value
by the construction OF our cara's, should bear q
share Of the burden Of their cost ara maintenance.
aud not stand en- favored footing than
those Of State. On the contrary, sound
policy plainly dictates that the interests OF ci
should have the first and most favorable consiera-
lion. In the rise Of canals and rrolis there should
be no hesitation in shaping cur legislation ~ the
nation Of this policy Briefly bit fully the time Tor
answering yonr letter allows, have thus indicated my
views concerning tho grca, ntes. 10 which oa aud
those associated with you are devoted. You have my
symathi.s and Cooperation ia alt just storts u complete
and perfect noble system OF public works
them in the highest degree tributary the
OF commerce and the highest prosperity and hppn,ss
tie people Of this state. aIl, yours truly,
s Z CHURtH,
AFTERNOON SESSION.
Mr. g. AIyoRD offered resolution thai II is inaxpeicn6