The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-16

laws as desienste the time within which one track az least
pensd for There is no such limitation rsstrcton
TO be found in the special act exist
dSsDGsnss the and Fifteenth Streets
e FISSSSso5 S'SS S
fS3r3ssqtS ana tiItssnsh Street; .s COMPANY;
we're consoldated; whereby ali the psOPsry,, lights
snd Fsir%Suss RsiTssy TsEs
tss N several Grounds ali Of which, so far
they relate t9 the Of gan 81 ~ he com
thereon certificates required to be deposited with
failure to commence contTuotion Of road within three
SivSEs sssss
which, great degree s6SPn h E right not
%rSod 70 ree but veSP way peScS back tS much
that has been done for the basis lawful union Of
extent other interests which are grounded on the con-
teSntb Streets sompSpy which, ensots that for the pur
Of completing their circuit the route authorized
to run their cars upon any other passenger railway
the city Of PRadepbiaS DC hereafter IN
Rs w has Saa CO. app" % inc &c ease na
privileges of two corporations the act in terms providing
privileges vested in snsh COMPANY as may, be
the company into which such merger s'' shall
n m @ FROM Re as
nation Of the union it can no longer be said that using
it, they running upon any other passenger rail
sessed another than that marked act
new oan Sd II more nc any more extended osSae me
most that can he claimed for the restriction imposed by
sooated companies aud not separate corpo-
d mo-
'nf Ro 9s'r
aD lawful TSSy to SDs and 9to
one. It plants itself the broad ground want Of
section the aet Of L. WHICH oonfess
S % Ii & no
bo we taken tetes the question cOnelusiyey against
any other legislative authority for the act Of except
Jaw April is5s entitled Set relating T. the T6ir
6o siFS
Ss2g &arS :1ss$ sI,.s S
Railway cSmpSny became vested il the the Thrtsepth and
that ali that had beea referred TO- and based
ssssgd Defendants rectsS IL this prsa@bs took
of n a the ao Of nothing
ii that did IN not 3 the % & @ ID s
Of subsstng fact could not max make & valid that which
decided the principle that preamble is part
ment is doubtfu to discover the intention Of the law
makers Where thai is clear the preamble can have
enacting power Is invoked in case Of ambiguity OBJ
where not required for this purpose s account
Fe NorfSeast RsrSsd
page 1928; Dwarns on Statutes, $50 Watts 555.
May l6 ls6 has no application to PASSENGER rqilways In
tbs cOmmonweSlth as authorized to merge into any
Ee % So sr M ers
this State and in view Of the descriptive term employed
power Of merger conferred look to the Legis
poraton By the State Of railroads BY
the Of PASSENGER railways the statute book
tempoaneous with the charters granted to rail-
First, them have legislative action time and again
subject Dads exclusion railways and at
later date and upon ALMOST each succeeding sue year the
side by side and whatever be said of occasional
company to build railroad carries with it the idea o tbs
estabshmens rood where had before existed t
gIiaon Of land % belonging to individual By the
70 to v6cS the aaG%y dH Is
the building q bridges and other ways Over r%
op Ss gs 81 Gn s and
smade BY the CORPORATION and upon roadway thus
and laid IDEAS always pfsa Wits
y GF n
by them to the exclusion Of the public except under their
either exclusively for Transportation freight or for
are SS s
Of 'h s loose for o u0a the establish
freight and q station, for ysFicus pargosss,
thought Of connection with passenger railway
road ss tsta
bished, to the grades of which it must conform and
always restricted to the metes and bounds or
town. the immediate vicinity seldom going outside of
track or way laid Street or roSd Wbsb ts o%
pany do not own and which they have control;
n Of eeDePs by Roee nS pp5
perhaps without exception, designated in corporate
title as passenger railway And upon the other hand
,i1T'as the sn sS Sy "hSs Ss
In don to both
Of % PAN IS have & the s re- railroad law Of
railroad Is regnated and their powers pen
mnuteness Of detail not the least important TO Of whcS
are the provisions for taking private property for public
1t requires but reading of the tenth section of this law
to enable any one lawyer ayman, 70 ascertain how
with respects its almost sovereign powers and
the limited authority, which is conferred in charter
ls 1851, having relation to TIRE same general subject
9s that to which the EXTENDED law Of February
of which they treat is to be REGARDED part of ths
preceded it the subject matter 1t is entitled
eompanies ohartored by this In tbs Il Is
in full with the first section of the of 1882 which
shall hereafter be passed authorizing the incorporation
o. company for the construction Of railroad within this
Of railroad companies being regarded as thick it must
Judgment no relation TO- and cannot be made to cover that
which railroad-tnat which is not by legislative,
corporate title nor by corresponding corporate
powers and, being distinct ITS purpose and aim
not be treated railroad, and only railroad
rnebsss and name the Attempted merger Of the EaTy
YARD Broad Street and Fairmount Passenger Railway
Company into the Thirteenth and Fifteenth Streets Pas
sepge Railway Company without authority of law to
sustain IT and is Therefore nnIi and void
OF the question: whether the act OF May TO- eol applied
lawful merger OF two companies which claim have
elected corporate union The decision OF the Supreme
! H. r., leg Ind, 1871, page 81, would seem to
Lender tn no1 IRE" of Hoh gIave