Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-02-27
The Tonnage Tax.

It is not unlikely that tefore this article is
published, the bill for the repeal of three mill
tax on the tonnage of the Pennsylvania Rail
Road, will have passed the State Senate aud
become law Our readers are aware that
it has already passed the House of Represen-
tatives. As the Company and certain mem
bers of the Legislature. have been very busy
recently in eudeayoring by means of Special
Advertisements, inserted in the editorial col
umns of large number of newspapers through
out the State, to deceive the people with re-
gard to the true character of this measure,
which, in the language of contemporary is
sinking with rotteness aud corruption, We
deem it not out of place to state why we think
the members of the Legislature who voted for
it, were recreant to the trust reposed IN them
by their constituents. The celebrity with
which it was pushed through the House was
truly astonishing Whether this Is account
ed for by the fact that the Pennsylvania Rail
Road Company is very wealthy Corporation
we of course cannot say. The Sunbury aud
Erie Rail Road Company was met in the
same prompt and accommodating spirit, and
certainly both Corporations owe debt of
deep gratitude to the members of the House.
Certain of our exchanges appear to insiLuate
that the people also should be grateful and
promptly return their thanks. But that Is
q matter they will probably think of-Yes
Gentlemen, they will think of that
The attempt of the Company to procure
the repeal of this tax at the present time, is a
bold attempt to abrogate and annul an import
ant part of the contract which il entered
into with the people of Pennsylvania, through
their Representatives, when they accepted
their Charter from the State Legislature. IAN
act granting corporate privileges to a body of
men," says Judge Black in delivering the
opinion of tie Court, in the case of the Erie
and North East Rail Road Company VS. easy
g Casey BOD us oVhen accepted, contract
6etsoeen the State and the CorpOratOrs. 1t is
lot worth while to try now whether this doc
trine will stand the test of original principles.
1t is sustained by everything that we are
bound to regard as authority, by the decis-
profession, ard by the general acquiesence OF
the people," The Pennsylvania Rail Road
Company tLen, in accepting its Charter,
entered into a solemn contract with the State
TO pay certain tax on the tonnage which
should PASS over its road. This was one OF
the considerations of the contract; consider
alton which induced the State to clothe the
Company with high and valuable corporate
powers and privileges. Was not the Conpa-
ny bound in honor and good faith to fulfil
this part of the contract? Has it done so?-
Although one of the wealthiest Rail Road
Companies in the Union, Governor Packers
last Annual Message shows that during the
last three years. it has refused the payment
this tax on purely technical grounds, and
that having been uanquished in the Supreme
Court of this State, it has removed the cases
to the United States Supreme Court. Blu,
not content with this, it has the assurance to
Legislature to annul its contract, and release
it from the paymen: of this debt. by not only
repeating the tax. but by also releasing 1t from,
the payment cfaH Of said tar noW due, and
in litigation. After this, we think, no one
will deny that Sir Edward Coke was right, in
gravey informing US that Corporation has
no soul. Certainly, body endowed aoith a
soul, would not have the cool impudence and
earontry to ask anything of the kind.
The Rail Road Company pretends that this
Ia. was imposed by the State when granting
its charter, merely for the purpose of compen
sating the Commonwealth for the diminution
of the trade of the Main Line of the Public
Improvements, which it was thought would
follow the completion of the Rail Road from
Philadelphia to Pittsourg, and that therefore
since the sale of the Public Works, it is not
right that this tax should be imposed and col
lected. The Legislature bad many reasons
besides the one stated, for imposing this tax.
They imposed it in consideration of the i'm
portant privileges and franchises granted, es-
pecially the right of way from one end of the
Commonwealth to the other, and because they
thought the Company bad as good right to
assist in the support of the government to
which il would look for protection in the en-
iHy nett Of its just and legal rights, a. the