New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-10


transportation Of freight west Of Utica, 80 as to con-
pue 10 said roads the privilege Of transporting local
Geigkt without the payment OF toll, whenever they
row enjoy that privilege, and TO eoree and insure
sho collection and payment q tols all such freight
as sbal be carried the said rceds by reason Of tie
privileges In this act granted 10 te Utica and Scea-
ectddy Railroad" Observe here that this privilege to
carry freight Is confined and limited to be exercised
during the suspension Of canal navigation only.
Tr us stood the law az the tine of the adoption OF tho
Constitution of 1876. No dosbt can be entertanedthst
by ths law at that time tolls upon all freight which,
but 1or the raroads would have been transported oa
the Canals Except only lossl freight transported by
roads west of Utica fohsReCer they then in lS4i en-
joyed Mat right were devoted to and formed q part
Of the revenues of the State Canale."
The let 3D. aud Sd sections of article Of the Consti-
tution Of 1896 specifically and permanently appropn-
ated all the revenues of the State Canals:
lst 81 800 600 annually, until June l. 1855, and after
that 81 200 0G0 annually, a sinking fund.- 10 pay the
Coual debt as it existed June |, 1916.
I'd. $500 Annually, until a sufficient sum shonld
be set apart under the fret appropriation 10 pay the
nteref and extDgush the principal of the entire Canal
debt, and after that 500 900 annually, as sinking
fund 10 pay the interest and redeem the principal OF
the General Fund Debt.
3D. After providing as above, 5000, 900 annually, TO
the General Fund TO defray the necessary expenses OF
tbe State; and =,
Alb. Tie remainder Of the revenues Of the said
esnss sLdH in each fiscal year, be applied IN such
manner 10 the Legsla snail diTeetto the complexion
and Black River Canals, until said canals be CONT
pleted.
This Constitution took efed on the st day OF Janu-
ary 1877 and il appears by the last annual report OF
the Commissioners OF the Canal Fund table NO. 'ol
that the payments Dto that f1nd for tolls on property
transported upon railroads we're, IN the year lSlo the
first wear they were uncovered TO carry freight dur
ing suspension of canal navigation, $40 45S A. which
the next year THAT Of the adoption OF the Consutuon
had increased TO the sum of $23 2Ol 89-more than
doubled il one yeer though still limited to the period
Of Suspension of canal navigation, and that sum- to
wit s23 20l 50 for tolls collected on freights trans-
ported upon railroads competing with the canals,
formed part of the of the State Canals, aud
was appropriated and pledged in that name, with its
anticipated increase by the aforementioned cons'u-
tiOpal provisiOns -,
On the 10 h of May 1917 an ae. passed entitled
"An act relating to the transportation OF hslsat on
certain rairoads' CHAP go of the Session Laws OF
l847) which took effect Nov. of the same year.
The fret section Of that act authorized the Utica and
Schenectady Railroad Company TO transport freight ou
their road without restriction, to the perod OF saspel-
sion of canal navigation.
The second section TO regulate and receive compen-
cation for such transportation.
The third provides " The rad Company shall make
returns at such period, and in such manner as may
directed by the Commissioners of the Canal Fond OF
all goods &C., Transported, and shall pay INTO toe
Treasury of the State the same tolls per m'le ON al
goods &C. so transported, as would have b en- psia
on them from the point of receipt to the point oil 90
Where the distance by canal lie greater than ~ ra-
read the toll to be paid on such greater distance.
The fourth section required The Albany and Sche-
nectady the Troy and Schenectady, the Syracuse ao
Utica the Auburn and Syracuse, the Auburn and
Re ster the wanda and the Attca aud buiiao
Railroad Companies, 10 make returns as PROVIDED IA
ssid act and TO Pay e s9tne 9as as PROVIDED ~ sat
third section; but the Canal Board shall make such
rules and regulations regulating the transportation OF
freight on the said roads west of Utica as t, con-
tnue 10 the said roads the privilege of Transporting
local freight without the payment Of tolls wherever
they now enjoy that privilege, aud TO enforce AMI
the collection and payment OF tolls on al' sueh
freight shall be csried on the said roads ny reason
Of the privileges in this act granted to the Utica aud
Schenectady Railroads but no freight passing frool any
Of said railroads tn q connecting railroad, to be
Transported thereon, shall be deemed local freight on
either road.
By section five, the Oswego and Syracuse Railroad
Company were invested with the privilege, a1d
subject TO the Sans obligations.
The sixth section declared "the tolls collected by
the State for freight transported on railroads IS pro-
vided by this act sha be deemed TO belong 10 the Ca
nal Fund and shall be paid over and applied IN tie
same manner as tells collected freight transported
on The Canals Of This State.
Here we have a cotenporaDeous construction OF the
words used in the abOve-QuOted constitutional provi-
tions {" the revenues of the State Canals" The
freight which thea belonged to the canal by reason Of
the restrictions upon the railroads. which wera Inherent
in the acts creating them, were allowed 10 be carried
by the railroads on the sole condition that the same
tolls 81 oud be paid into the Treasury OF the State as
il they were transported on the Cauals and the con-
fttutions restrictions obeyed by the provision Of
the act that they should be "dpplied in tue
ner as tolls collected on freight transported the Ca
nails of this State" plain recognition Of the c1nsti
tnt0na restriction.
The tolls collected on railroads which we have SEEM
were in 1885, 500 20l So under the act Of 1917, in
creased steadily and annually until in the year 1851
they amounted 10 the sum of sl7l ,055 o. report OF
the Commissioners of the Canal Fund 1860, Table 15
On the 10th Of Jnly 1851 session Laws Of that ear
n.y. IL
and took effect On the first day Of December of that
year.
u declared that after the let day Of December $751;
should not he necessary for any Railroad Company
10 pay any sum Of money into the Treasury OF this
State account of the traDsporat IN Of any property
on any railroad, 10 make monthly statements 20
the Controller, of property carried its railroad,
and it repealed all acts and parts Of acts conflicting
herewith.
Under the operation of this art we learn from the
report above referred to- table No. So that thu sross
of the State Canals, which, in the year ending
3Gth September 1851 the last before the act weutintO
operation), were S3703, 999 81 steadily and annually
decreased until The whole amount thereof for the year
ending Oh the 30,h day of September last, tSl4
362 IA lOse in eight years Of more than Of
the entire of the St9te Canals which, ae we
have seeu in 1916, with all their anticipated n
crease ian Increase, shown by the table, which
had been steady annual, and nearly uniform ratio
from 1896 to 1851, eolemDly pledged by the linda
mental and paramount law OF tire State, 10 the objects
therein expressed; and by The Controllers report, in
answer to resolution Of your honorable body Assem-
bly, Doc. No. l54 at the present session, thai the Ne
Cessity exists OF afng by direct tax, 10 meet the
deficiency thus accrued about $i,O0O000.
The cauee which produced this effect may perhaps
be found in the following eloquent figures. IL ap2esrs
by Senate documents of 1852, No. a. that the whole
unnsee Of the line Of roads now eOmposI toe New
York Central Railroad for the year 1851, was - SOB
tuns and by the Auditors report tolls and tunlage
for the year 1860 that the tuOnage of the New-York
Central Railroad for the year 1889, S3 39
This diversion Of tunnage, with the constant reduction