Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-07-13

abused the franchise granted to It bv the
State of Pennsylvania There can be nc
abuse or misuse without a positive act al
malfeasance. This, to furnish ground of
forfeiture must be wilful, it must be some
thing more than accidental negligence. ex.
cess of power or mistake in the mode of ex.
ercisiIg an acknowledged power There is
nothing profound or mystical about these
words misuse or abuse They are not terms
OF art In the law. The popular sense in
which they are used every day is we'll known.
To abuse Is composed ofab and qt0f. and In
strietness it signifies to injure, diminish in
value or wear away by using Improperly.
Misuse Is a still simpler word. 1t signifies
merely to use amiss. But / admit that
these words like all others may have differ
eEt meanings when spoken with reference
to different subjects Acts which would be
an abuse Of one thing may be no abuse of
another. We are therefore to ascertain
precisely what Is abuse or misuse of the COZ
perate privileges by company Abuse In
cludes misuse. We take them both togeth
er, and detne them thus: any positive act In
violation ofthe charter and in derogation Of
public right wilfullY doEe or caused to be
done, by those appointed to manage the
general concerns Of the corporation. Such
is the definition Of misuse or abuse, adopted
by the court and You will apply it to the
facts given in evidence accordingly.
As to the sixteen points Submitted by the
learned and able counsel for the respondents
as well as the two by those of the complain
ants, ] dismiss them aud in the usually
emphatic language If my brother GIier, |
decline TO answer such catechisIn. except
as to the sixteenth point made By respon-
dent and the two points made by complain
ants counsel l answer distinctly that under
the act of the 18th of April, 1853, the Pitts
burgh and Connellsville Railroad Company
have the right to make their road to the
MARYLAND line, and to connect there with
any road authorized by the State Of Mary
land
The case now on trial is one of great ma
tional importance. 1t was not the design
of the wise trainers Of the Constitution nor
is it the policy OF the Government and peo-
pie of the United States, that any Common
wealth shall be permitted to place restric-
tons upon commerce between the States of
the Union. Our territory is so vast in ex-
t6ntembracing such q variety of soil, climate
and mineral wealth and with a restored and
unbrollen nationality, so capable Of future
and further extension and development that
both for military and commercial pdrposes,
the mere imaginary boundary lines of States
are not to be considered upon the map Of
the Union. 1t seems too much like the
European system ofvisiting passports at the
dividing line of every petty monarchical
principalitg. The propriety and necessity
of this very road has been recently agitated
in Congress and bill looking to its early
has passed its popular branch
It should be made placing as it viii the fer
tile fields Of the great West and the Lakes
in direct communication with the seat of the
general Government.
WILSON McCANDLAss.
IT, S. District Judge, sitting at circuit.
The Jury after an absence Of ten minutes,
returned verdict in accordance with the
above charge