Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-07-13
RENDITION or ANOTHER sJUDI-
CIAL DECISION IN REGARD TO
THE ATLANTIC AND GREAT IVES
TERN RAILWAY CASE.
Difference in Guage no Good Reason
for declaring that Connection Cam
not Exist.

We publish below the decisions rendered
by the Supreme Court Of Pennsylvania, at
WiIkesbarre, in the great controversy
between the Philadelphia and Erie Railroad
Company and the Pennsylvania Railroad
Company on the one side, and the Catawis-
sa Railroad Company, the Atlantic and
Great Western Railway Company, and the
Philadelphia and Reading Railroad Compa-
ny and other companies on the other side.
The points decided by the court AL the
judges except Judge Read concurring-are
SO clearly stated by the Chief Justice, who
pronounced the decision, that we need not
restate them They viii be read, undoubt-
edly, with great interest.
The Commonwealth OF Pennsylvania ex rel.
Attorney General VS.. the Atlantic and
Great Western Railway Company.
Information and suggestion in nature OF
quo warranto.
Chief Justice Woodward pronounced the
following decision per claidm
The case having been fully argued and
considered, we are Of opinion
First That the instrument 44vd certI-
fcate Of consolidation of the Atlantic and
great Western Railway Company, date / 10th
Of August 1865, was lawful and valid
instrument for the purposes therein express
ed, and upon being fled in the Office of the
Secretary Of the Commonwealth, constltu-
ted the defendants a legal corporation In
the State of Pennsylvania.
Second That nal tell record IS well
replied to by the defendants pleas, and the
demurrer to the replication must be over
ruled. But the defendants have leave to
reioin that there is such a record with
proat patet record
Third If in support Of such rejoinder,
the defendants shall produce the contract Of
agreement and ae. OF consolidation set forth
in answer to the oyer eraved by the Attor-
ney General, with the evidence that the
same was deposited with the Secretary Of
State in his Office, on the third day of Octo-
Der, 1865, the opinion Of this Court will be
that the defendants have fully complied with
the requirements of law in respect to said
instrument that it became then and there
the duty of the Secretary Of the Common
wealth to file the same Of record that as
agents Of the Commonwealth the legal pre-
sumption must be that the secretary per-
formed his duty, and fled the same Of rec
ord, and that it remained and still remains
of record in his Office, and judgement will
accordingly be entered for the defendants
upon inspection of the instrument and such
proof If, in the opinion Of counsel, any
endorsement of the date of fling by the
secretary be necessary, a mandamus would
lie to command him TO add the appropriate
date, and to perform every other necessary
act in the premises.
OPINION or CHIEF JUSTICE WOODWARD.
The Philadelphia and Erie Railroad Com
pany and the Pennsylvania Railroad Com
pany vs.. The Catawissa Railrood Com
pany and the Western Central Railroad
-r,fD "A
tic and Great Western Railway Company
Of the States of Ohio. New York and |
Pennsylvania.
Andrew Scott VS. the same defendants.
Two bills in equity, on appeal from the |
decree of the Court OF Nisi Prius of Phila-
delphia, sitting in equity. Woodward, c. j. |
An opinion will be fled in the above
cases, at the next term of this court, to be |
held at Pittsburg on the third Monday of |
October nexti which the following conclu- |
sions will be explained and justified
First That the plaintiffs in the above |
bills in equity being private parties, and |
not representatives of che Commonwealth |
Of Pennsylvania, have no right 10 draw into |
question the corporate existence &c .jure of |
the Atlantic and Great Western Railway |
Company.
Second That it appearing that Andrew
Scott is not the owner of apy stock in the
said company, he has no equity to MAINTAIN /
his bill against the said eompang
Third That the lease and contract made |
5he first day of November 1865, between |
.he Iatawissa Railroad Company Of the /
first part, and the Western Central Rail
road Company of Pennsylvania, and the |
Atlantic and Greas Western Railway Com I
)any OF the States Ot Ohio, New York and /
Pennsylvania, of he second part, Is a law