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

a
Map of the Union.
/ Charge of Hon. Wilson M'CandIess.
WTLIAMsPoRT, June 2S.
/ CIRCUIT COURT OF THE UNITED STATES,
/ WESTERN PENNSYLVANIA, AT WILLIAMS
| PORT, JUNE TERM, 1866. The City Of Bal
timore vs.. the Southern Pennsylvania
Railroad Company, ct al In Equity
Judge VI Candless instructed the Jury as
! follows;
regret very much that in the trial Of
| this issue, | have not had the assistance of
my brother, Mr.. Justice Girier, whose Sc
we're indisposition has prevented him from
taking his seat ON the bench at this term.
His high judicial reputation, co-extensiye
with the Union, would have given great
moral effect to the instructions which it is
the duty Of the Court to utter for your gui-
dance. That Is not expected in what may
be said BY me. This is an issue out of
chancery, to inform the conscience of the
chancellor as to aquestion Of fact which can
not be revived elsewhere, and have only
to instruct you as to what constitutes misuse
and abuse Of the franchise Of corporation.
Your verdict for either party, in making his
decree, the Chancellor may disregard alto
gether. You viii have perceived during
this protracted and interesting Investigation
that the Legislature OF Pennsylvania, by an
act passed the 18th Of April, 1865 and
which the Governor of the State refusing TO
sign under provision of the Constitution.
became law on the 10th of August Of the
same year, repealed the charter of the Pitts
bargh and Conncllsvile Railroad Company.
That law this Court declared to be unconsti-
sutional, being a law impairing the obliga-
ton of a contract which the State Of Penn
sylvania made with corpor alton and which
is in violation Of the Constitution ofthe Uni
ted States. As there was a writ of 0uo,eoy-
Tdato at the instance of the Attorney Ger
eral Of the State pending in the Supreme
Court, we deemed It due to the parties litiga-
ting, as we'll as proper courtesy to that
high court that anopportunity should be af-
forded to the law officer Of the Common
wealth toinquirein in that tribunalwhether the
Pittsburgh and ConnellsYille Railroad Com
pany had nisused or abused its corporate
franchises. Ample time was allowed for
that purpose and no further proceedings
having been taken by the Attorney Cen
eral this Court directed an issue to try the
question Of fact
You have listened for many days to the
testimony on both sides given By respectable
tand intelligent witnesses and to able and
distinguished counsel who have exerted
their power to illustrate the details III evi-
dence and it now becomes the duty Of the
court briefly to explain the principle Of law
applicable to the case. Upon your verdict
may depend what our final decree viii be.
In this examination we have limited the in-
quiry to acts Of omission and commission on
the part Of the corporation subsequent to
the condoning act Of the State Of Pennsvl-
yania OF the llth Of April, 1856, upon the
faith Of which the City Of Baltimore loaned
her credit and paid one million of dollars.
Any offense against tae sovereignty Of the
State Of Pennsylvania she pardoned by tic
act Of her Legislature Of that date. You
will therefore ascertain from the testimony
and inform us by your verdict whether the
Pittsburgh aud Gonnellsville Railroad Com
lsuuy since the scar 1856 has misased aud