The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1874-11-05
The English Experts Report On the
Condition Of the Erie Railway.

Captain Tyler has made to the Eng
lish stockholders his report on the con-
dition Of the Erie railway. He says the
road undoubtedly possesses great ma
tural advantages, but in order that its
resources may be properly developed,
several things are necessary, which he
specifies as follows: A double track
with steel rails and durable sleepers on
the whole main line, and on some Sec
lions some improvements in gradients
OF the read, fresh extensions and con
nections, change of gauge indispensa-
BILE, improved terminal arrangements,
to provide sufficient storage for an in
creased traffic, iron bridges to be SUBJ
stituted for wooden when the latter re-
quire removal, speculation in coal fields
and all other speculations should be
avoided, no outside rings should be per-
mltted. To carry out any of the above
mentioned improvements a liberal ex-
penditure is required. but the precise
amount to be expended from time to
time can only be stated after the most
careful deliberation. There is proba-
bly, no railway in the world
which would better repay
such large expenditures than this,
if really good management, supported
by a stable constituency of proprietors,
can be permanently secured. Captain
Tyler recommends the organization of a
strong combination in England to con-
troll the arrangements with regard to
fresh capital expenditures generally.
The report strongly urges the avoid
ance of competition wherever possible,
and instances the great. railway systems
penetrating the Alleghanies, which are
carrying produce at manifestly unprof.
liable rates. Investors are told to
make allowance for the depressing
effects Of last falls panic, and not con-
slider as normal the present year S
traffic. The connecting line from Buff
faTo is in excellent condition.
The report enlarges on the advantages
Of Canadian connection via the interna-
tional bridge, and concludes as follows :
1--WE have freely pointed out the de-
fects, but it is only fair to state that
the same rigid scrutiny Of the best of
our English railways would show a long
list OF improvements and expenditures
advisable. There is no cause for des-
pair, but much reason to hope for the
future of the Erie, if only undue COM
petition is avoided and good manage.
ment is secured
The Enforcement T.avvs. r.
Judge Ballard Of the United States
District Cours of kentucky. in answer
to gu estions of the grand jury, as the
offenses which would be classcd as
against the United States, under the
enforcement acts of 1870 and 1871, de-
clares that the crimes Of individuals
except when perpetrated for the pur.
pose, Oh account of color. etc, to de-
pri>e person Of his right to vote,
would not be so classcd. and says:
81 am inclined to think that when 4
State, in its law or its judicial tribunals,
denies to some persons within its juris-
diction the protection it accords to
others. Congress may. under the ex-
pressed powers conferred upon it to en-.
.orce all the provisions of the four
teenth article of the constitution, pass
laws investing the courts Of the United
States with authority to give to all its
inhabitants equal protection, that
is to afford those inhabitants
to which the State gives
the least protection. the same protec-
ton it gives to those whom it pro-
tects most. But where neither State
laws nor State courts make any distinc-
ton in the protection which they give
the inha bitants Of a State, when the
State laws and the State courts give
equal protection to all, there is no
ground for congressional legislation.
There is in such cases no denial by a
State of equal protection. and therefore
no ground either in the clause Of the
XIVth amendment, which we have been
considering, OF in any other clause Of
the constitution. on which to base legis-
lation looking to equal protection; OF ]
should rather say there is in such a
case no authority in the courts of the
United States to assume jurisdiction
under laws passed, or which might be
passed to meet contingency of State
denying to any persons within its juris-
diction the equal protection Of the
laws.
The Question Of Proprietary Rights
Of Owners Of Lets In Church Gem
eterieS.
An interesting case came up yester-
day in the court Of common pleas of To.