The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-15

! The Atlantic road. so far as Pennsylvania is
concerned, only extends eIehty-eight miles in
length, With some thirty-two miles OF lateral
road. In 1857, a charter was granted by the
LEGISLATURE OF Pennsylvania to the Meadville
Railroad Company, as II wasthen called.
1t authorized road from Meadville to Erie,
and also from Meadvile to one or more OF the
coal fields of Mercer county. 1t further autho-
rized the Company to purchase the lateral fran
chisss of the Eittsburg and Erie Road, except
the branch extending northwest to Lock 20.
In 1858 the name OF the Meadville Railroad
was changed, by act Of Assembly, to the Atlantic
and Great Western Railroad. In 1859 the Com
pany as authorized TO mortgage, etc. In Nav
o, the same year contract was entered into
with the Pittsburg and Erie Company.
Under the provisions fthe charter and Of the
general law authorizing any guage desired, the
contract was fulfilled.
The Atlantic and Great Western and Philadel-
phia and Erie roaGs we're accordingly con-
structed. Their tracks crossed each other and
the IRON 'irogs,n at the points where the tracks
cross, were placed there by the Atlantic Com
pany. At this junction, which was then a dismal
marsh, the thriving village of Cory has since
sprung up.
There is but one meaning to the words "rail.
roat connectionn-it is the connection o; the
business of two roads. It is one of Blackstones
rules for the Interpretation of statutes that their
language is not TO be taken merely in its strict
chronological meaning, but in its common gen.
eral acCeptation.
In April 1863, two months after the compile
ton OF the line of the Atlantic road the Legis
lature passed law that any road making con
nection with the Erie road should be of the
same guage as that road but tnat the law was
not to apply to any road wholly or partly con-
structed
This could refer to no other connecting road
than the Atlantic. We have not claimed that
the connection is such as to enable our cars to
run on the Erie road. Neither our charter, nor
the laws OF the State require such a thing of us.
II we consider Phiadelphia's interests alone,
which OF the parties in this suit would be most
likely TO advance the interests ofthe city Is it
the Pennsylvania Railroad Company, the plain
tlts who pay premium to shippers to send
their goods to New York?
1t is a common but erroneous impression that
1T is an advantage to a company to bave a con-
tinuous line OF road, necesstatmg no change OF
cars. We claim that, so far as guage is con-
cerned, we have violated no law. and that it we
had the remedy would not be such as the plain
tifS seek. They could, at most, ask Tor ap
Injunction compelling us to do what we failed
to do.
The old companies incorporated into theAtantic
Company are dead. They were consolidated for no
purpose but TO save the expense of iour offices and
four sets OF clerks. They we're united under the
general laws of Ohio and New York, and special
law of Pennsylvania. The Atlantic road was
built across Pennsylvania in 1862, and opened
about eighteen months before the Philadelphia
and Erie road.
Hon. Judge Black followed.
The plaintiffs i'll their bill make quasi denial
that we are corporation. They say we profess
to be corporation by virtue of some law they
profess never TO nave seen. IN reply, We say w
the Pennsylvania Railroad, 1t is none of her busl
ness whether we have corporation or not. In
q controversy between private parties there can
be no question raised about the duties one of the
parties owes TO the public.
Since the beginning of time there never was
such singular attempt to commit legal suicide
as this. The Pennsy lvania Railroad Company
first attempt to prove that no such organization
the Atlantic and Great Western Railroad exists,
and then the court is asked to drawn an injunc-
| ton against it.
If you say that two roads cannot be ''con-
| nected" because one is broader than the other
| you might as we'll say that they cannot be con-
nected because one Is longer the other. In fact,
| the word connected" implies dIssimilarity. Ii
| two things are perfectly similar, we cannot say
| they are connected but they are united.