Middletown transcript., 1871-06-24

~
Association met In the State HOUSE, Dover, Tues
day, June 20, 1871, At two o'clock, r. N. and
was called 10 order BY the President. The min
utes 0f the last meeting were read and approved.
Mr.. 9. ". Cummlns spoke of the business ~
come before the Association.
Nj. Brown, from the special cosnmistec ap-
pointed 10 walt upon the Governor and request
him TO call An extra session Of the Legislature,
reported In writing, ~ follows:
The csinn,ittee arpoiuted At the last meeting
of tho Association 10 request the Governor TO
call special meeting OF the Legislature for the
purpose Of relieving the peach growers from the
imposition OF the unjust tax about 10 he levied
upon tho peach trade by the Philadelphia, Will
mington and Baltimore Railroad Company, re-
port that they obtained an interview with the
Governor on tho 7th Of the month, and made
known to him the object Of the appointment and
the reason thrcfor. The Governor gave the CON-
init,cc patient hearing, and reserved his opin-
ion for n further consideration Of the subject
Ills answer was only received to-day and will be-
found in the following letter:
M,LToS, DxL. June IN, 1871
Hos. CHARLES Bnowx-- Dear Sir Ala recent
interview you requested me 10 furnish you in
writing my reasons for declining 10 convene the
General Assembly, in compliance with the request
of committee appointed under a resolution
adopted at an adjourned meeting OF the PENN
snlar Fruit Growers Association, held at Dover
In the following words:
Rendered That n committee OF three from
each county be appointed TO call upon the Gov
ornor and request him 10 call an extra session Of
the Legislature 10 take into consideration the
propriciy Of relieving the fruit growers along the
line Of the Delaware Railroad from the excessive
and unjust tax imposed upon them by the phis-
delphia, Wilmington and Baltimore Railroad.
against the Imposition and collection Of which
they have no remedy.
No one Is more fully impressed than myself
with the belief that the tax referred TO in said
resolution is Excessive and unjust" and tina,
the abuse Of the right by the Philadelphia, Will
ming,ou and Baltimore Railroad to charge rs
freight for the transportation Of fruit, demands
such just and proper remedy rs can he afforded
The forhcarancc Of the State towards that corpo-
ration, considering its assumption of privileges
and its defiance Of State authority, las been in.
deed remarkable, and should bca warning 10 fn-
surc legislatures against the chasicring Of cotpo-
ra'ons with privileges or rights which may pos
sinly bc abused without expressly reserving to
the State the power 10 limit, regulate and abridgc
those privileges and rights at pleasure. Whether
such power exists in the present case, IL is noe
for me to determine. ! can only act IN conform
ity with and in obedience 10 express constitution
al authority. That authority, III, exists, Is found
| In Af,e,e :, Section ,2, " tho Constitution
which declares " lie 1.-THE Govcrnorl may, on
Assembly" The first question | had To deter
mine was, do the suggestions contained in the
resolution OF your association establish the exist.
ancc OF such mn eytreprdigary oced,ion as that
contemplated by the Constitution What is such
| an extraordinary occasion has not aud cannot |
suppose be the suhjee, OF judicial determination
| The power 10 convene the General Assembly.
when such an occasion shall arise, being exec,l.
tive md not judicial the Executive for the time
being alone can determine iis characatcr wheth-
| er extraordinary or otherwise.
The powrr not being defined, nni being in i,s
nature incapable Of precise definition, difTcrcn,
minds may reasonably differ ms to the character
any occasion upon whifh the exercise Of the
| power may lie invoked. In the present instance
| !, appeared to me that although there was nm
abnse Of privilege by the corporation referred TO-
and injustice practccd by H. yet the occasion was
not OF that extraordinary character ns would jus
iify me in converting the General Assembly. /,
is unnecessary 10 enter at large upon the discus.
sion OF the su''ect or TO assign In full my reason.
for the opinion ] entertained. ! will remark
however, that had ! convened the General As
semhly MS requested, must have made known ,t
| that body ihni such mn occasion as that contem
plated by the Constitution had arisen mud stat
ed the facts connected with the occasion or upor
which 1t arose, and II would have been propc,
for me 10 have suggested some legislation IL
| meet the necessities of the occnsion Wh,
the resolution Of your Association which conlt
hare made known 10 the General Assembly NJ
authorizing me 10 convene them In ex,raordina
ry session? One, aud Que only. What Is II? Th
Philadelphia, Wilmington aud Baltimore Rail
rond Company charge the fruit growers a,on,
the line OF the Delaware Railroad, excessvell
aud unius,ly for the transportation of their frui
on their road and the Della ware Railroad. whirl
they have under lease. What legislation shou,,
| have proposed to remedy this injustice? Per
hnps II may he suggested one Of the fo,lowin,
remedies could be applied. First. Impose
limitation upon the amount of freight 10 b
charged Second Revoke the charter OF IN
company immediately, or provide tina, if sal
company shall exceed the amount Of frcivh, linn
tied by law their charter shall therefor be re
yoked, and cease 10 exist. Third. Repeal @
modify so much of the acts of the Legislature n
imposes taxes upon the company in aid OF the su,
port Of the State government, which tax il mad
the prciext by said company for the imposi,io
of the excessive and unjust /" burdens upon IN
fruit growers, of which they so properly CON
plain. Wha. a field for legislation How CON
plicatsd and inierminable that legislation? d
course refer TO- litigation that might arise frot
the attempted application Of either Of The fir,
or second suggested remedies. In reference
the third, will remark, without any hostility |
the Railroad Company Of whose action your A,
sociation complain, for wish II aud all o,hs
|
that hope the legislature Of the State Of Dcla
ware will never conform its action TO tho INN,
rious demands Of any corporation, but the law
making power Of the State will make It's auihori,
to be felt and obeyed alike by individuals and |,
corporations; Mt least can do no official n,
that would seem TO conflict with the hope IN,
expressed.
Finally, the General Assembly hns held Ion
session since the Imposition ofthc excessive an
unjust tax" by the Philadelphia, wilming,u
and baltimore Railroad, Of which yonr Associ,
, iion justly complains, and did not exercise the
power, II they possessed any, In the premise
| On the contrary they passed such an ac. for Il
, purpose Of raising revenue for the State as the
deemed proper and the propriciy Of which the
were the sole judges. II Is not for the Execute,
to say whether they acted wisely or unvise'
or this, however, am satisfied that their failu
In any error, whether by design or otherwise,
do or not to do, constitutes no such "cx,raord
nary occasion y as will justify me In convenin
!. them. Very Respectfully,
JAMES PONDER.
Mr.. Fulton moved that the report he receive,
! and the committee discharged, which was aRrc,
10.
: Mr.. Brown moved the adoption Of ths folio,
, ing resolution, reported ut the last meeting.