The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-26
rContin,,ed from the First PAGE. I

reciprocity, all the DeneulS on one 6l0e.
But IL this view be correct, still the Pennsylva-
MIA Charter of the Atlantic and Great Western
Company remains, and we have II before us.
The Little schuylkill Railroad Company was
incorporated by an act Of 3lst March, 1881 (P.
Laws, p. 1897. In 1el9 its name was changedto 70
the Catawissa, Williamsport, and Erie Railroad
Company. BY an act OF 2lst March, 1860 tP.
Laws, 2. 2s4), and judicial sale Of the said
railroad, the whole became vested in a new
company called the Oatawissa Railroad Com
pany, which Company, by an act Of 10th April,
1861, was permitted to mortgage its road for
S250000 Up. Laws, 1862, p. 1917.
On the slst of October, 1850, the sunbury and
Erie Railroad Company entered into an agree
ment with the Catawissa Railroad Company,
whose road extended from Tamaqua to Milton,
the object of which was that the Sunbury and
Erie should furnish sufficient motive power to
haul over their own road between Milton and
Wilamsport all the passenger, express, and
baggage cars of the Catawissa road to and from
Williamsport, upon certain terms and conditions
there mentioned, and this agreement was to
continue in force for twenty years. This agree
ment passed to the Philadelphia and Erie, and
the Pennsylvania Railroad Company under
their contract and lease.
In this state OF affairs on the lst November,
1866, the Catawissa Railroad Company of the
first part made a contract and lease with the
Western Central Railroad Company Of Pennsyl.
vanIa and the Atlantic and Great western Rail.
way Company of the States of Ohio, New York,
and Pennsylvania OF the second part, by which
the party OF the first part leased to the party of
the second part their road and property for the
term of 800 years.
The legality therefore of this contract and
lease depends upon the construction of the three
Acts OF Assembly referred to in the commence
ment OF this opinion. The first is "An act in
reference to running Of locomotive engines and
cars on connecting railroads." of the 18th
OF March, 1847 (P. Laws, 1917, which enacts
that in all cases where two railroads in this
Commonwealth are or shall be connected 1t
shall be lawful for the company owning either
of the said railroads with the consent of the
fan Nfh nf fhn coli rafl-
roads, to run its cars and locomotive en-
gines upon said other railroad, and to erect
water stations and other buildings for the due
accommodation OF the cars and engines en-
ployed thereon. Provided, that nothing herein
contained shall be construed or interpreted to
release or exonerate any company owning q
railroad from the obligation and duty which may
be imposed by existing laws of transporting,
subject to the rules and regulations of said COM
panies, by locomotive steam engines, the cars,
whether loaded or empty of all persons and
companies who may require such transportation,
over and along so much and such parts of their
railroad as locomotive steam engines shall be
run upon, whether they be run by the company
owning the road, or by any other company.
This act clearly contemUlates mechanical con-
nection, for the roads then were all four feet
eight and hall inch narrow gauge roads, which
fitted into each other, so as to form practically
hut one road That this was the true meaning
is ss9Rn sJ the eighth section of supplement
to the act incorporate the Sunbury and Erie,
passed 9th March 1852 (P. Laws, 1857 tAct 9th
March, 1882, which provides That the said
Company may run their Cars and locomotives
upon the said road AID its branches, and over
any other railroad which at any time may con-
meet, either directly or by means of other rail-
roads, Herewith in such manner as may form
complete railroad connections between the cities
ofPhiladelphia and Erie" clearly intending an
actual mechanical connection, and not mere
business connection.
The act OF March 20, 1869 Up. L., 290), is a
supplement to an act in reference to running OF
locomotives and cars on connecting railroads,
approved March 13, 1S47, and it enacts that that
act shall be so construed as to authorize COM
ponies owning any connecting railroads in the
State Of Pennsylvania to enter into any leases
and contracts with each other in respect TO the
use, management, and working of their several
railroads. Provided that the company so con-
tracing for or leasing any such railroad may
have the right to fix the tolls thereon, but not
at higher rate than is authorized by the charter
OF either of the said railroad companies.
This also undoubtedly means mechanical con-
nection, for it merely enlarges the powers of the
roads included within the terms Of the original
act. But there might be an intervening road
connected mechanically with both roads, and
the roads at either end could not contract with
each other because not connecting directly, and
this occasoned the last act of 23d April 1861 (act
of 23d April, 1861, entitled IAN act relating to
certain corporations" (P. Laws p. 4lO), to pro.
vide for this case, and to extend the powers of
such connecting roads.
1t enacts ''that it shall and may be lawful for
any Railroad Company created by and existing
under the laws of this Commonwealth from
time to time to purchase and hold the stock
and bonds, or either, of any railroad company
or companies, chartered by, or of which the
road or roads is or are authorized to
extend into this\ Commonwealth-and 1t
shall be lawful for any railroad companies to
enter into contracts for the use or lease of any
other railroads upon such terms as may be
agreed upon with the company or companies
owning the same, and to run use, and operate
such roads in accordance with such contract or
lease; provided that the roads of the companies
SO contracting or leasing shall be directly or by
means of intervening railroads, connected with
each other.
The word 'connectedn has in this law the
same meaning as in the two preceding laws If
you leave out the interposed words, and read it
'directly connected with each other" this is
beyond doubt and the interposed words must
receive the same construction. The effect ls
that If there is an intervening railroad, it and
the other roads at either end must all be me-
ehanically connected, which can only be when
the gauge of all the roads is the same, so that
the same cars and locomotives may be run over
all of them without change, obstruction, or
delay.
In considering the evils of break of gauge,
we not only have the positive evidence of our
senses, but the opinion of very able gentleman
former President of one of the defendants
''The immense and decided superiority" )" said he,
''of the Sunbury and Erie route over the others,
in consequence Of its freedom from the necessity
of frequent transhipments will not be suffl.
ciently appreciated by those not familiar with
railroad traffic and change of one, ton of mer-
chandlse from one car to another is about equal
to the cost of transporting it fifty miles;n what
would be its practical effects upon q ton of coal?
The act Of Congress OF the Sd of March, 1868,
to establish the gauge of the Pacific Railroad
and its branches, has enacted, THAT the gauge
of the Pacific Railroad and its branches through
ont their whole extent from the Pacific coasf m