New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-25
NEH..IERSEY RAILROADS..

There ~ still hitch ana, IL may DE, fetch
i'm the action of the New-Jersey Legislature
upon the General Railroad bill. 1t was a good
bill az il passed the Assembly. better bill "a
it was amended by the Senate but now that
it goes back to the Assembly for concurrence
it is postponed until Thursday next. 1t is I'm
portant that the motives which lead to this de-
Law should be understood. To the Pennsylvania
Railroad the general law is better than special
charter to it's immediate rival, and that accounts
for the unanimous action of the Senate last
week. When the bill went down to the AS
sembly, however, it was met with supple
ment offered by Mr.. Garfield, very proper in
itself, because it is only explanatory of the
full intent and meaning of the bill, but dam
gerous because, if it passes the House. it sends
the bill back to the Senate again and imperils
all that has been gained. Mr.. Canfeld's sup
plement declares that no franchise conferred
BY any law heretofore passed, or to be here
after passed, shall be held to be exclusive
without express words to that effect.
The effect of this supplement, following the
passage of the General Railroad bill, would
be to wipe out altogether that slight and pre-
sumably worthless hold which the Pennsyl-
yania still has upon a claim to monopoly.
We doubt its necessity. 1t certainly ought
not to stand in the way of the bill. as it now
is in the hands of special committee of the
Assembly. 1t looks a little as if it might
be false alarm, for no sooner had
the Senate passed the bill unani-
mously than it was claimed that the Penn
sylyana was unsnged, because Vice
Chancellor Dodd had decided that no road
could be built in competition with tho mon
opoly, except by act of the Legislature defn-
ing its termini, and expressing in the title the
true purport of the bill. 1t was on that
ground that he killed the StanhOpe charter.
He did not even raise the question of indi-
rection in the procurement Of the passage of
the StanhOpe bill. He only held that it did
not say what 1t meant, and the Legislature
which passed 1t did so in violation of the
Constitution.
If we are right as to the e-Chancellors
ruling, the general law obviates all his objec-
tons without the need of further legislation,
for it gives power to any thirteen men TO
build railroad anywhere, long or short, and
to Emerge and consolidate" as they may con-
tract among themselves and with other roads.
certainly general law llht tuiS IL cFtiy III.
as conclusive as special charter to any new
company. We do not see that Mr.. Canfield's
supplement helps the matter. But passed As
supplement-not as an amendments is
good explanatory bill.
The danger is that the general law, the real
desideratum. may fall between two stools.
Two special charters, both of them competing
with the Pennsylvania, are in various stages
of progress. There seems to be an anxiety to
give them precedence of the general bill, and
after they are granted it may happen that the
strength they have thus far lent to the peoples
measure may be withdrawn. Can they not
live and build under the general law The
true policy for the Assembly is to hold
fast TO that which they have already
won, to pass the general law as it came from
the Senate, and then. if in legal opinion it
should be necessary, pass the supplement
offered by Mr.. Garfield That is the sincere
and unquestionable course to take, but there
is grave danger of losing everything If the
general bill is compelled to wait until one or
two special charters have been passed in the
Assembly to be killed in the Senate.