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

in favor of the public and against the
corporation; and that the present rates
OF toll are unjust, unreasonable, against
the public good, and the Legislature has
ample power TO limit them.
Without multiplying authorities on a
point that has been so often decided,
permit me to quote the language of
Judge Black in the case Of Erie & North
East Railroad Company . Casey, 2nd
Casey p. 1923.
"We are obliged here again to repeat
what has been so often said that con-
tract between the State and corpora
ton cannot be raised by implication.
Judicial construction in favor of com
pany Will go so far, and so far only, AS
the state or her authorized agents in
t0ded to go when the contract was
made; and that intention must be ex.
pressed in words too plain for doubt"
Again; "RailrOadS built under the
authority of law for tho general pur.
poses of commerce, are public high
ways. On this principal alone
we have always held that no individual
or corporation can possibly have any
right or privilege connected with them
except what the law has expressly con-
fcrrcd."
But the Legislature, in the case Of the
iC''t ~ iuN0bipily TtSCTNGu 10
itself this power: "Ihnt if the said
c0mpdny shat dt any time misuse or
abuse dny Of tie pririteges heredy gran.
tel, Me Legislature mag resume ali and
singular he rights and priUUeges here6y
grdnfed to TIE said corporations - Asa sim.
liar reservation was made in each of the
charters in question | can do no better
ut this point than to quote from the
able opinion of Chief Justice Black in
the case of Erie S North East Railroad
. Casey, 2nd Casey 2S7, in which this
entire question was fully discussed.
The charter was repealed by the Legs.
lature for "misuse and abuse.u
The learned Judge in delivering the
opinion of the Court, says: "A grant of
corporate privileges fora specified period
cannot be resumed by the State within
such period If the charter be without
Limitation as to time, it is forever ire
pealable. 1t does not follow from this
rhat corporations are beyond the reach
of public control. When the privileges
they enjoy are fraudu!entiy abuse -
and beg the committee to mark dis
tinction, "the courts may pronounce
them forfeited. In some cases, also, the
Legislature, when granting the fran
chis2s, reserves 10 itself the right to
revoke them. When the charter CON
iains such stipulation, it is as much q
part OF tho contract as anything else
THAT'S in it. The Legislative repeal of
such charter bears no resemblance TO
the Judgment OF court against a cor
poratiOn on 9Wo icdr,dHto. They pro.
coed upon principles rs different as the
functions of the Legislature are different
from those Of the judiciary. If the
power to repeal be reserved, its exercise
is merely carrying out the contract ac-
cording to its terms; and the State IL
using her own rights; not fOrfeiting
those of the company"
"ln the charter now under consider
alton, the following clause occurs: "If
the said company abuse or misuse any
of the privileges hereby granted, the
Legislature may resume the rights gran.
ted to the said company This was II
reservation Of the right to repeal the
charter in case it should be violated If
it was violated, then the repeSl was not
breaking the bargain but keeping it /;
noe impGiring, but cnJorciag the obligation
of the contract.
"The plaintiffs counsel insist that
iuasmuch rs the right to repeal depen.
ded on matter of fact, the right could
not be exercised until the fact was ascer-
tanned by Il judicial trial" (And | may
add, gentlemen, that that will be insiS-
ted on here.) "But il this were not Il
mistake the reservation would be nuga-
tory. When the abuse of the charter is
judicially ascertained the corporation
will be dissolved without the interven-
ton of the legislature, and the court
could not decide the fact to be true with
out pronouncing the judgment of forfeit
urc. The legislature certainly meant to
reserve something more than the right
L., I II, Id
be dissolved by court. The power to
kill what is already dead is no power at
all. The argument of the plaintiffs on
: this point is altogether unsustained by
authority. There are several cases di-
rcctly against il. In Crease = Babcock,
the Supreme Court of Massachusetts,
said, that W!ru the legislature reserved
to itself the right to repeal q charter on
the happening of Il certain event, they
might enact the repeal whenever the
event happened; it was not IL reserva-
tion of judicial power. 70 the same
effect is MacLarrcn q Pennington Il
Ru,gc 1917, aud in the Miners Bank .
The United States Il Greene, jGI y it was
held not only that the fact, on which
4, the right of repeal depended, might be
noticed by the legislature without the
, assistance of the judiciary, but that its
|
toned by any court.
"It is said that the repeal can be
justified Only if the violation of the
charter was wilful But the right is
, given TO repeal not for wilful, but for
any abuse or misuse. The word rHM Is
not in the reservation, aud We cannot
iusart it by construction. But suppose
it to be in. Is not any positive viola
tiOn of the charter which might have
been avoided, wiliul misuse and abuse
of it?
Again, Judges and chancellors have
established certain rules of proceeding
for their own guidance in the distribu.
tion of Justice among suitOrs. One OF
these rules Is, that party in certain
cases shall not be permitted to aver the
truth; and this is called an estoppcl.
But the legislature is not restricted by
ii. The General Assembly can make
and unmake all rules of practice, plead,
ing, and evidence at its pleasure. The
party that makes the law must, in il
nature and essence, be so totally differ
, ent from the power which administer
the law, that ii is most illogical TO reason
r from one TO the other, The Limitations
on the legislative power of the state arc
, not to be found in the general body oI
. the law, but only in the constitution
> itself, which is the iec lcqu0', or law Of
| laws"
! "Thesc c0rporators have suffered al
the hands of the legislature nothing but
I what they expressly agreed to suffer in a
q certain contingency. That contingency
/. has literally come to pass. ThcT prirl
,. lcgcS hare dcca dJUSed amt mtsusc2, But
n they insist that the penance they were
r forced to undergo, ought to be accepted
q in place of the obedience which they
q promised. That is not in the bargain
!. and since they stand upon their conlrac
+ we do not see how we can give then
,. more than what is there sat down. The
/, legislature agreed TO disarm itself of the
), repeating power on condition that thu
q corporators would abide and remaiI
n within their charter; when they Wen
n out of it, the condition was broken. Th'
# fact that they left the path of duty i
: not disproved by the other fact tina
# they afterwards returned to it. Nor i
V their case at all helped by showing tha
Il they We're drirea back under the lash o