The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1861-02-21

i he Erie ana new Ork CenJral anu
| the Baltimore and Ohio railroads were be-
gun, and again the alternative was presen-
ted TO Pennsylvania of surrendering her
material prosperity, or of constructing a
railroad, competent to meet the ardent
rivalry of New York on thx north, and
Maryland on the south.
By this time, from causes over which
we throw the charity of silence, our people
were heartily sick of all public works of
Improvement by the Commonwealth. To
pass bill through the Legislature for
making a railroad by the State from Phil
adelphia was impossible. The extremity
was admitted to be embarrassing-som
considered it desperate
For extrication from this difficulty we
| are indebted chiefly to the mingled pride
and patriotism of many citizens in various
parts of the State, Of almost every condi-
tion of life, and to the prudent counsels Of
the city and districts OF Philadelphia, and
the county of Allegheny. These persons
and corporations subscribed enough to
commence, and by the subsequent aid of
loans, to complete the Pennsylvania Rail
road.
The charter contained clause taxing
all freight carried over the road and this.
Notwithstanding the Pennsylvania canals
had always been operated at sacrifice of
money, was the charter, which, carried
away by instant desire and expecting
speedy relief from the Legislature, was
accepted by the projectors. of the enter
prise. This tax, modified by subsequent
legislation, is now three mills per ton per
mile
1t was said that the tonnage tax was
imposed to protect the canals, and, indeed,
as the original tax was only to be levied
from the 10th day of March TO the lst day
of December, that is, while the canals were
open; but tonnage was free Of duty all the
rest of the year, that is, while the canals
were closed; it is plain that this was the
ostensible reason for laying this tax, and
it is equally clear that as the canals, SO far
as any interest of the State is concerned,
are now, since their sale, never open, that
the sole reason for the law has ceased
But it could only effect this by increasing
the expense Of transportation by railroad
to a rate exceeding that on the canals
thus defeating the very object for which
the railroad was made. The laws of trade
are absolute and selfish. No man would
use either the canals or railroad, unless it
was his interest, and if legislative incum-
brance compelled charges greater than
those on other available lines, those lines
would alone be employed Those who
had no oalternative-our own people on the
line of ransport-would be compelled Gus
toners, but merchants and others from the
West, who had "a choice, would 90 where
they were best and most cheaply served
The necessities Of the Commonwealth
protection OF property, her dignity, suprem-
acy, legislation, could not move the trader
who had an eye single to his own service,
and cared no more for one transporter than
anOther-negro porter or sovereign State,
be considered them alike as common car
riers
But we need not pursue this topic, fer
all argument drawn from the canals ended
when they were sold.
The reasoning then, if sound before,
had, logically, reverse application. If
the object of the tax on the railroad was
to protect the canals, when the canals no
longer needed protection, the tax should
cease, because the reason for its imposi-
ton had ceased. Especially is this view
sonnd in this case, inasmuch as the rail
road company having purchased the canals
they could not need protection against
themselves, and the canals and railroads
having now a common owner, tax on
one was tax on both, and thus, what
was pretended to have been originally inn
posed as virtual premium to the canal,
became ultimately an actual burthen to
it.
The Legislature which directed the
sale of the main line of the public works,
recognized this. view by providing, that
if the Penneylpss,aia Railroad Company
became the purchasers, they should, un-
der certain tipgeneies, be forever dis
charged and freed fTrm the tonnage taN
o,,d oil other toses, with certain specified
exceptions. The Supreme Court held
that this was too broad, inasmueh ms it
amountedsto alienation of State sovereign
ty, and was vote as contract 70 bind fu-
ture legislatures. But the slegislative
declaration of public policy, and of what
justice to the comeany demanded, was
complete, and thus the company purehas-
ed the canals and conGecting railroads.
An implied moral obligation therefore
rests on the legislature to carry out to the
extent of their power, the Intentions of
their predecessors of 1887, By repeating
this tonnage tax, and the more so, mas
much as while the main line, under State
management, never yielded dollar of net