Smyrna times., 1873-06-18

The NEW RAILROAD TAX UNcoNsT1ru.
TloNAL-I law passed by the last Legisla-
I1re; relating to charges on the F., w. x b.
IL. H. has been declared unconstitutional. bv
the Court OF Errors and Appeals, in session at
Dover last week. The case was that of Thos
W. Bowers vs.. the p, w. &B. r. X. Co.
On the 29th Of April, MIR. Bowers, the plain
TN IN the case, took passage on the p, w. &
D. IL. IT,, from Philadelphia to Wilmington. a
distance OF twenty-slx miles, for which he was
charged fifty cents. On the same dav the
defendant carried the plaintiff as a passenger
from the city of Wilmington to Port Deposit.
distance OF 81 miles, for which the plaintiff
was charged $l.SS. Mr. Bowers contends
that the latter was an overcharge, and under
the 4th section Of the law named above surd
the railroad company before Esquire O'Nclll.
OF Wilmington tor $ll.50, ten-lold the amount
OF the overcharge. Mr.. Bowers obtained iudr-
ment Tor this amount, but the Company an
pealed and carried the matter before the Court.
The case was argued on Wednesday before :
| 1uil bench. Hon. Joseph Z. Comegys and
u. Z. Gorden Esq, represented the Companv
ana CFe0rge Ii. Bates, Esq, the respondent.
Charles Is. Lore, Esq, Attorney General main
talned with Mr.. Bates the validity of the law
decelslon was reached on Thursday, viz:
mat che 4th section Of the law is uuconstitu
tlonal; Every Judge was present and con
CURED III the decision, as follows: Chancellor
DiateS' Chlef Justice Gllpin, aud Associates
"00tten, Houston and W Wales.
1hat 4th section reads thus:
SEC; 4 That the said Philadelphia Wilmington and rail-,
this shall either a. the Operator Of rs [UaI @ company in
rail roads other rail roads within r M rcl or
ana feeelye greater rate mile carriage Of
pH % Except so Tar as the be increased to the
ter 4 V % e 'aS an1ua y paid 4nder the Chap
pery ol goods wares or merchandise pro-
from within the saSe to psc ~9l wo the n!ate or
na 6y such company for the m passengers
81 per mile from places without the to places within
Other places without the State person or person
cover from such charging and recelvmy @ 20 re-
now recovered by law. - w amounts are
The counsel for the Company arpued tbat
the Legislature has no more right to interfere
Win the railroad company than it has to inter
lGre win any private citizen in the discharge
what the r., w. e. b. II. r. Co. shall cbar"So S
Tor passengers and freight than it has to sav
"hat the price of beef, bread, or any other
article OF food shall be. The company onIv
claims individual rights. The question 81
whether the railroad company shall charge
hlgh or low prices for passengers or frei0bt il
judicial and not legislative question. and in
consequence can only be determined by the
court. ~ '"0
i, 1t was further contended that the law. If
allowed all to stand, would be very injurious.
mus; under the old law the railroad company
charges Tor distance Of one or two miles 3
cents per 100 lbs of freight, and from Ralti.
more to Delmar, 1863 miles, it charges Gl cents.
At TINS rate the company would only be allowed
to charge 81 one hundredths of cent for loo |
lbs OF freight for distance of two miles or
It could charge S262 where it now charges 81
cents; They must do one or the other Where
one class of freight now only costs $l2 20 ner
ton between two stated points, it would cost
under the law, should the railroad COMPANY
choose to exact it, S52.4O.