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

| Legislature in case of abuse or misuse,
By section two, act of 1850 (P. l.. 40
the act of April 7th 1882 section thirty.
seven-is construed to mean that the
company may furnish exclusive motive
power for freight, &c, charging such
sum as shall not exceed the tolls men.
toned in said act, and subject to the
control and power of the Legislature.
BY section five of the act of 1851 Up.
l.. 620) the name of the corporation was
changed to the LackawAnna & Western
II. II. Co.
By section one, act of 1853 tP. l.. lG2)
tiie Delaware ~ Cobb's Gap II. II. Co.
! incorporated April 9TH 1Sl9) was merged
into the Lackawanna Il Western II, II.
Co. by section four, the corporation
was placed under the provisions of the
lSth section OF the general railroad law
OF 1873, and by section five Of the same
act the name Of the corporation was
changed to the Delaware, LackaWanua
Il Western II. II. Co.
by section four of an act passed in 1866
| (P. Il. ll0) the Company was authorized
| to hold 1000 acres Of coal land. | may
| here remark that while under this act
the right of the Company to own coal
lands is limited to 1000 acres, they in
fact now hold about 1000. 1t is no
answer to say that they have merged
other corporations into theirs which had
the right to hold additional coal lands.
II fsuch charters exist they should have
been given in evidence in order that We
might examine them. ! therefore claim
this, company hold 1900 acres of coal
land in violation of law.
BY section two, of an act passed in
1896, lp. Il. 107l the Company was re-
strained from purchasing anthracite
coal mined from other lands than their
own when the charges from Scranton to
Etizabethport for the use of the road and
motive power in the transportation OF
coal exceeds two cents per ton per mile
| desire to call your attention to the
fact that Gen. Brisb1n testified, some.
what reluctantly it is true, that the
Company has charged more than two
cents per ton per mile from Scranton To
| Eli2abcthportW when they have purchased
anthracite coal mined from other lands
than their own; but the Delaware. Lacka.
wanna & Western r. II. Co., attempt to
justify this by the plea that under the
act approved March 23l 1865, (p. 4. G2i)
which they are placed under the general
railroad law of 1919, so far as relates to
tolls. But the act of 1919 relates eXclu.
sively to the rates of freight on coal and
other articles shipped by others, and in
no way alters or changes the act of 1856
1t remains in full force and effect, and
the Company should be held response
BILE for its violation. II they can, as the =
allegc charge unlimited rates of freight
they can and will crush out every opera.
tor in that field who is obliged to send
his coal over their roads to market.
Owning over twenty-one collerics- -.over
| ha ,i i,,if Ia l,t
owning the only outlet for coal from
Scranton to New York State and city
they can carry it mt cost while other
operators must pay enormous tolls.
Owning the mines and railroad they
can mine and ship millions of tons to
market, and then realise immense pro.
fits by compelling Il suspcnsion, as they
have done in the present instance by
reducing the wages of miners from 81 81
per car to Sc cents per car, and at tho
same time trebling the usual rates o
freight. If the Legislature does 10
check this wrong the day is not far dis
tant when New York capitalists vii
have crushed ont all the small operator.
in that region, and without rivals th(
the Delaware, LackaWanna & Western
Il. II. Co., can regulate the price of Goa
in Ne" York andsat other points a,
they see fit, They are now trying tC
crush the men; If they succeed tho
operators will be their next prey.
Tho only other railroad in question i,
the l.ackaWanna & Bloomsbury, which
was Incorporated in 1852 p. l.. Gj9) un
der the general railroad law of 1919
Its charter contained the usual CLAUSE
that the legislature may resume, alter
or amend the charter, or take the roaC
for public use in case of an abuse OF
misuse of its privileges.
by an act passed in 1Sj6 p. l.. ~ thu
18th section of the general railroad uc
of 1919, which relates to tolls, was re
pealcd so far rs this road was concerned
"when the distance that cars or freigh
shall be transported, or passengers con
vcyed, shall not exceed ten miles"
70 this act, however, supplement
was passed, approved May 18th 1870
mot III the Pamphlet Laws rcpealinI
the act of 1856, and providing that sale
company may charge twenty cents TO
each passenger, and twenty cents pc
ton for freight for the whole diStanc,
the same may be carried, whenever tn,
rates fixed by the 18th section of thu
railroad law Of 1919 shall not amount t
the said sum.
The Philadelphia & Reading II. r. Co.
claims to have had n judicial construc
tion Of its charter rs to the right t
charge tolls in II decision made by tht
Supreme Court Cf this State, April Is
1867, in the ease of Boyle The Phia
delphia d Reading Il. II. Co., p. +
Smith, 80. This was II stock holder
bill alleging that the defendants charged
more for the transportation Of mcrchan
disc, &C., than authorized to do by thei
charter. The defendants flied an answe
stating that the word "tOllsn rs used il
their charter was for the use of the road
way alone, and that for supplying mo
tive power. cars, &c., they might cOllCc
"reaSOHdJIe' and just compensation
and averred that their "charges are an,
always had been most moderate an(
reasonable The case was heard on bill
and answer at Nisi Prius, and Judg
Strong delivered an opinion, dismissin.
the bill. The complainant appealed, bu
was not sustained. In substance tn
decision was that the defendant coul,
charge more than four cents per ton pc
mile, and that tho word "tOllsn applied
to the use of the roadway alone. Ii
order to more fully understandable de
cison it may be here stated that at tn
time the cOmplainants bill was file,
the Reading road was charging onlyS3,i i
per ton from Port Carbon to Philadcl
phia-a distance of 93 miles,-or abou
, twenty cents per ton tess than they wer
authorized to do by their charter, where
as heir present rates are $G,OS per ton !,
! the same diSiaacc an increase of over tw
and half cents per ton per mile owe
the rates charged when the above cas-
', was decided. The Company at that tim
= only claimed the right to charge rcaS0I
dbte and gust compensation, and did NJ
pretend to have the privilege of chars
ing crorbitant rates. Even Judge StrOn
G believed that such rates had been qua
: dcd against, and he stated. "EXcessil
+ rates were guarded against by giving
e the public the right to put their ow
cars and vehicles upon the road withol
G danger of being driven Off by exorb
}. tant tolls and it was well known tn,
4 competition in the carriage of propert
was inevitable, because IA canal ha
J. already been constructed and was
Is successful operation between Philade
:, phia and Pottsville," These reason
y have not been sufficient to check eXort
n tant rates. In practice it would
II almost impossible for shippers of coal