The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1871-05-05

~ ciPitltttiOi, bub 10 III W I'LL
the most liberal intent that can be as
cribed to the Legislature in making it
Men who are capable of abusing priv.
ilege conferred on them by the special
favor of the State, are unworthy to
have it. The State had righ, to test
the prudence of her bounty by this
standard--to fix her own locus penite,.
ttde-to try the grantees of the privi-
lege and see whether they would be.
have themselves well. She kept in her
hands the short, sharp remedy of repeal,
to be applied whenever the conduct OF
the corporation would demonstrate that
q remedy was needed. The error was
to be repaired by the same body that
committed it, at any time after the
error was ascertained. For the same
offence, the charter might have been
forfeited on quo UarraHtO, but another
mode OF reparation was adopted for the
very reason that the State did not choose
to undergo the risk, and embarrassment
and delay of judicial trial. She would
not have the machinery of court in
terposed between her and her rights.
She did not desire to play with lawyers
and judges at the game Of special plead
ing. She was unwilling to go for jus.
ticc to place where estoppels might
prevent her from asserting the truth.
She would retain the right of legislative
repeal free from all restraints but those
imposed by the constitution, or else
she would not grant the charter. If the
cOrpOrator5 did not intend to obey 1t
when such was the stipulated penalty
for disobedience, it was folly as well as
wickedness to accept"
This corporation, after its privileges
were abused, had AN estate at will, and
the Commonwealth chose to demand
reposscssion. That terminated estate
as completely as an estate for years
would be terminated after the expira.
tion of the term. The grant was ex-
hausted, the corporation lived its time
out. Its lease of life was expressly
limited, at the day of its creation, to
the period when the Leg islature should
dissolve it for misconduct. When the
legislative will was spoken, its hour had
come.'
The learned judge then recapitutatcs
the main points in his argument as fol-
lows:
/. This charter was granted with a
reservation of the right to repeal it, il
the franchises should be abused or mis-.
used.
II. We are satisfied that, in point OF
fact, those franchises were abused and
misused.
Ill. After that event happened, the
General Assembly was invested with
full power to repeal the charter, and
the corpOratOrs held their franchises
from the State merely as tenants at will
in the same manner as if there had been
an unconditional reservation of the
right to repeal.
". After the interest of the corpora
tors had been thus cut down by theil
own misconduct to an estate at will, the
legislature only could enlarge the char.
ter, 80 as to make it perpetual grant,
or put the corporators on another term
of probation.
V. The judicial proceedings agains
the corporation did not and could no
disarm the Legislature of its reserved
right to repeal, nor enlarge the estate o
the corporation in its franchises, no
change the terms Of the original grant
for these are things which the judiciar,
cannot do, nor the executive either.
VI. The power of the Legislature i
not restricted by the rules of pleadin!
and evidence which the courts hav,
adopted and therefore the State ma,
act in the Legislature upon trutl
which she would have been stopped tC
show in n court il the Legislature had
not iuteriered.
VII. The power to repeal for abuse
of corporate privileges is II diiIeren
right from that of demanding judi
cial sentence of forfeiture, and is reserv
ed for the very reason that it may al
ford IL remedy when a quo @arrdRt
would not.
VIII. The charter being constitution
ally repealed, the franchises are, as ;
necessary consequence, resumed to thu
State, aud the road remains what i
always was-public property. .
IN. The corporator5 cannot be enti
tied to compensation, for they had n'
property in the road, and after thoi
default they held the corporate fran
chises at the will Of the Legislature
and the eXertion of that will, in the re
sumption of the franchises, did then
no injury but what they agreed TO sub
NIT to-"
Judge Lowrie in concurring in thi
opinion, said:
ut is objected that this power is no
to be exercised, unless the corporation
misuse or abuse its privileges. But, a'
Legislative power must be guided by
its own wisdom and knowledge, so
may tdhc It's ore Way IF mt0rAltHg dSel
and the courts caunot set aside its ac
ton, on their suppOsition or conviction
that it is founded on misinformation
If the courts must first declare the abus'
then an express Legislative function il
made dependent upon the judiciary
which is simply absurd. That the law
making power should be controlled il
its action by previous law is even more
palpably so."
In the above case, from which have
quoted so literally, the defendants OBJ
tained leave to amend their bill, ant
the subject was again brought before
the Supreme Court. Without wearyins
the committee by many further eX
tracts, let me give the Courts opinion
rs to what constitutes "abuse Ormisuse'
of charter. AS that Is the essence o
this case will be pardoned for quotin!
the learned Judges opinion fully on
that point.
"Now what is abuse or misuse Their,
is nothing profound or mystical abou
these words. They are not terms ofar
in the law. The popular sense in which
they are used every day is well known
To abuse, is comp ounded Of ab an,
WOr and in strictness it signifies to in
jure, diminish in value, or wear away
by using improperly. Catiline abuse,
the patience of the Roman Senate. /
man abuses his constitution by eNcesse
which impair its vigor. A judge abuse
his Office not only by taking bribcs, bu
by any misconduct which detracts fror
its dignity and usefulness. 70 abus
the freedom of the press, or the right c
debate, is phrase from which we tax
perfectly definite idea. We knoN
very well what is meant when it is sal
that Legislative authority or eXecutiv
power has been abused. Why, ther
are we expected not to know that
corporate privilege has been abuseC
when we see it used rs a colour and
preteXt for that which the law pre-
nouncts wrong and injury to the pal
| lie?
Misuse Is still simple word, 1t sig
nities merely to use amiss. He VIII
would prove that any power has nc
been misused, must show that it ha
been always used rightly, or else nj
at all.
But admit that these words, like a
Others, may have different meanin.
when spoken with reference to diilerel
objects, Acts which would be an abI,
of one thing may be no abuse ofanothe