Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-01-09
=: CLEARFIELD PA. 1861,

1t that time amounted to upwards of two
millions OF dollars, has been almost en-
llrely redeemed. 1t is now reduced to
sl2O, vi 7S-and of this sum ever nine
ty nine thousand dollars consists of relief
notes, most of which are undoubtedly Ell
ther lost or destroyed, ard will, therefore.
never be presented for payment. The
claims against the State, accruing from
the construction and maintenance of her
canals and railroads, are now reduced to
mere nominal sum and, in the future,
after providing for the ordinary expenses
OF government, her revenues and her en-
ergies may be exclusively applied to pay
ment of theinterest, and the discharge Of
the principal of her public dept.
The people ofthis Commonw " ealth nave
hitherto met, with promptness, the de>
mands made upon them, from time to
time for the ways and means of replenish-
ing the Public Treasury and now, that
they see that the onerous debt with
which they have so long been hurdened
is each year certainly and rapidly dsap>
pearlng- that the amount required to
meet the interest is rapidly being dimin-
ished-that consequently still greater
sum can each year be devoted to the re-
duction Of the principal of the debt,
without resorti Ig to additional sources of
revenue-and that, with proper hus--
banding OF theresources, the day is not dis
tant when direct taxation in Pennsylva-
mia will cease altogether-the payment
of such taxes as may for the time DO re-
quired to meet the necessities will con-
tinue to be met with cheerfulness and
alac1ity. But they will unquestionably
hold those to whose care they. have
entrusted the financial interests of the
State to rigid accountability. That
there should at this particular juncture,
when the business and monetary affairs of
the country are SO greatly depressed, be
the strictest economy in public expendi-
lures, is so manifest, that it can scarcely
be necessary to call attention to so plain 1.
duty, 1t is equally clear that any legis.
lation which would tend greatly TO lesse n
the revenues Of the Common wealth, would
at this time, be peculiarly unwise and in.
expedient. The exigencies of the future
no man can foretell-the prospect before
las is beclouded with doubt and uncertain
ty-it 10. therefore, no more than the part
OF wisdom to guard, with unceasing vigi-
lance, all our present sources of revenue,
and to thus be prepared for every posi-
ble contingency.
Since July, 1853, the Pennsylvania rail 4.
road company has refused to pay the tax
on tonnage required to be paid by the
act incorporating the company, and its
various supplements, and there is now
due to the State, on that account, exclu-
sive Of interest," the sum of S674,29 %,
Including the interest, the sum now due
is about 100000. Before my last annual
message was communicated to the Legis-
lature, a case had been tried in the coert
Of common pleas of Dauphin county, be-
tween the Commonwealth and the rail-
road company, involving the question OF
the constitutionality Of this tax, whicl,
was decided in favor of the State, and the
imposition of the tax pronounced constr
tutional. In January last, another suit
was tried between the same parties, in the
same court, involving the same question
with like result. In December last, a
judgment was obtained in the district
court of Philadelphia, upon one of
the semi-annual settlements, for $4,000
So that judgment has been obtained for
S365,000 Of the debt, being the whole
amonnt which became due prior to 1860.
The tax which accrued during the past
year, amounts to $30S,S29 03. The first
settlement for the year is before tho Dau.
phia county court on an appeal taken by
the company and the second, or last, set
tlement was made but few days since by
the accountant department of the Com
monwealth.
After the recovery in the common pleas
OF Dau2hin county, the cases swere reno
we'd by writs Of error, taken on behalf OF
the defendants, to the Supreme Court of
this State, whore they were argued in
Juno last, and in October that tribunal
sustained the decision of the court
of common pleas, and held the tax
to be clearly constitutional thus uniting
with the law making power in Affirming
the right of the State to tax corporation
under law to which it owes its existence.
But, notwithstanding this concurrence of
opinion and action on behalf of the con-
stituted authorities of Pennsylvania, the
litigation is not yet at an end for the
railroad company has recently removed
the cases, by writs of error, 10 the Su-
preme Court of the United States, where
tuey are NOV peuuluB. luaJ tue ueCNlOn
of tina. court will, when made, fully sus-
tain the right Of sovereign State to en-
force a contract between the State and a
corporation, and entirely vindicate the
power of State to impose such taxes
upon corporations, as in her sovereign
will she may deem proper, | cannot for a
moment douot.
Tocomplete the history of this impor-
tant litigation, and to show that oyery ef-
fort has been, thus far, made to compel
the payment of this large sum of money
into the Treasury of the State, it is prop
er to add, that the law officer of the Cons
monwealth, being of opinion that the
writs of error were not issued from the
Supreme Court of the United States in
time TO prevent the collection of the judg.
ments rendered in the STATE courts, exc
cutions were issued to the Sheriff of the
County of Dauphin, and proceedings are
now pending in the Supreme Court of this
Stale, to determine whether the Common
wealth can compel the payment of the
\