The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-26


with the the third section. OF the Ohio char
ter. and have not the dates of either, and
l do not know their provisions. The charter Of
the Atlantic and Great Western Railroad Conn
pany of Pennsylvania, Is to be found in four
Acts of assembly, OF goth May, 1857, Up. l.. sOl);
18Th April, 1853, (P. L.. 5000; 10th March. 1859,
(P. L. 1881 and 22d March, 1865, (P. L. 6lO);
and the length of the road in this State is 88
miles.
The main line (which IL a single line) at Day
ton connects with railroad to Cincinnati, a
narrow gauge road, which has put down broad
gauge ''straddlen track trails on either side of
narrow gauge rails) to accommodate the Allan
tic and Great Western traffic. 1t there Joins the
Ohio and Mississippi Railroad (broad gauge),
sin the report OF Mr.. Forbes (who was sent to
this country to inspect the road) to the London
Board OF Control OF the Atlantic and Great
Western Raj lway, on the 23d of November last,
he says:-"By means Of the three associated
Companies, the New York and Erie, the Atlantic
and Great Western, and the Ohio and Mississippi,
O new and unbroken communication, 1900 miles
in length, on the six foot gauge, has been
opened between New York, Cincinnati and st.
Louis, and between the Atlantic seaboard and
the Ohio and Mississippi rivers.'
Amongst the branches of the main line, as
appears by the New York certificates of cOnsoli-
dation, there is separate corporation called the
Buffalo Extension of the Atlantic and Great
Western Railway Company, who are construct
ing road from Randolph, near Salamanca, to
Buffalo, of the six foot guage.
London Board OF Control The Atlantic and
and controlled in London, it was stated at the
same meeting OF bond and shareholders in No
vember by the President of the London Board
ofControl. 1--WE are met here to day for friendly
explanations.
''l ielt it my duty when took the position of
Chairman of the London Board of Control to
require certain things TO be done. The first was
that all money should be sent over to London,
that we might know what we earned, that is,
forty per cent. OF the receipts" 1t is not, there
fore, singular that the principal Information as
to this road is to be CLEANED rcm English rail-
road journals. The road is spoken OF as feeding
the Elie with great additional traffic to New
York, and it is said under the circumstances it
is not Surprising to learn that the Erie Company,
which VIII doubtless derive great benefit from
the Atlantic and Great gWestern, has engaged to
supply rolling stock to the amount of five mil
lions OF dollars for the purpose Of the through
traffic between New York and Cincinnati" aud
this engagement ''is being faithfully and ener-
getcally fulfilled by that. (ErieJ Company, and
the road is said to be promoted by number of
leading Englishmen," a technical term IN Eng
land DESIGNATING the planners or orignatorS of
company.
In naddltion to the report of Mr.. Forbes to the
London Board of Control, there was also de-
tailed report on the 29th of May last by Mr..
Moseley, an English Engineer, sent out to in
spect the road.
An enthusiastic gentleman at the November
meeting, said, 1T was the interest of every
gentleman in tle room to promote emigration
to the lar West upon very large scale, as
their traffic would be increased by addition to
| lne pOpulduOn. Inc more EngISn people went
over there the better. The people in the great
West would understand how necessary free
trade was to their advantage and develop
ment Every Englishman wasa missionary of
The Ohio Atlantic and Great Western Com
pany. at a meeting of their Stockholders on the
18th September, 1865. adopted the Joint CONSOLE
dahon movement the same was done the same
day by the Pennsylvania Company, and rhe two
! New York Companies followed sult on the l4th
and 10th OF the same month.
Certificates were produced from the Secreta-
ries OF State Of the States of Ohio and New York,
| of the filing OF the agreement or copy in their
| respective Offices, but none from the Secretary
| OF the Commonwealth OF this State but in lieu
thereof letter from him declining to file it,
adding, ''by the advice of the Attorney General,
| Mi. Meredith" and have therefore no evidence
| OF the existence OF the new corporation. The
necessity OF the filing to create the new corpora
ton is distinctly recognized in the certificate or
agreement of consolidation itself.
The act of the State of Ohio is entitled "An
Act to authorize the Consolidation of Railroad
| COMPANIES of States adjoining, in certain cases,
and to authorize sRalroad Companies in this
| State to extend their roads into adjoining
States" and was passed 10th April, 1856 (53 vol.
/ p. Laws, p. l43).
This act authorized any railroad company in
| the State whose line of road extended to the
boundary line Of the State, or to any point either
in or out of this State, to consolidate its capital
| stock with the stock of any railroad in an adioin-
/ ing State the line OF whose road has been made
| Ito the same point and where the several roads
Il SO unite as TO form q continuous line Tor ClG
passage of cars: Provided that roads running to
the bank of any river which is not bridged shall
| be held to be continuous under this act" This
act would authorize a consolidation with q
| Pennsylvania road, but not with New York
road.
Our act which was the subject of an unplea-
SAINT investigation, which has cast shade of
suspicion over it, was passed ut the instance of
| the Atlantic and Great Western, and is general
| law applicable to all companies embraced within
/ its teams. There are words omitted in its first
section which makes nonsense Of it; but suppos-
| ing it 70 mean the consolidation of the capital
stock OF Pennsylvania Railroad Company with
| similar companies in other States, 'whenever
| the two or more railroads of the companies or
corporations SO to be consolidated SHALL or may
form q continuous line of railroad with each
| ether, or by means OF any intervening railroad.
| Provided, That railroads terminating on the
banks of any river which are, or may be con-
nected by terry or ,otherwise, shall be deemed
continuous under this act" The Interpretation
of "any intervening railroad" was intended to
| include the Buffalo Extension.
This act would authorize consolidation with
the Ohio and New York companies ii the follow
ing proyiso, contemplating the passage OF similar
| general laws by the States taking ADVANTAGE of
II. was complied with-"And provided further,
That nothing in this act contained, shall be
taken to authorize the consolidation of any COM
pany or corporation of this Commonwealth with
that of any otlRr State whose laws shall not
authorize the. Ike consolidation"
can have no DOUBT of the intention Of the
Legislature who we're dealing with our sister
States upon terms of entire reciprocity. Our act
was passed Gath March, 1866 (P. Laws, .. 49).
On the Goth April, 1865, the Legislature of New
York passed. not general law, but private
special act to authorize the consolidation of The
Atlantic and Great Western Railroad Company,
IN New York and the Buffalo Extension of the
Atlantic and Great Western Railway Company