Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1878-12-04
THE eREAT INDICTMENT.



Some time during the summer the
Oil Producers Union, and others who
combined with them, drew up an In
dictment against tho Pennsylvania
railroad so alarming that II one-hali
of the charges are true, the charter
should be taken irom'tbc company
and their effects handed over TO an as
signee. We were alarmed at the APP
parent outlawry of this corporation,
bnt upon reading the answer which
was filed in the Supreme Court at
Plttsburg, on the 23d of November,
we were again astonished because
every avcrment was fatty denied, and
for the Information OF our readers we
lay the railroad document before them.
In the Supreme Court Of Pennsylvania,
Sitting in Equity. Betpeen the Com
monwealth Of Pennsylvania, Plaintiff,
and the Pennsylvania Railroad, De
feRddni
The Pennsylvania Railroad Compa'
ny, the defendant, now and at all times
hereafter saving and reserving unto
itself all benefit and advantage of ex'
ception which can or may be bad TO
the many errors, uncertainties, and
other imperfections in the plaintiff 4
said bill Of complaint contained, for an
swer thereunto, or unto so much and
such parts thereof as this defendant is
advised is or are material or necessary
for il to make answer unto, answering
saith:
Frst-lt is true that the Pennsyl
vania Railroad Company is corpora
ton created by an act of the General
Assembly OF Pennsylvania, approved
the thirteenth day Of April, 1864, t.
which there are various supplements
that, by said acts and supplements
and by virtue OF the act entitled "Au
act for the sale of the main line of tht
public works." approved May 10th
1851, under which the purchases from
the Commonwealth Of the SAID main
line Of public works, It's railroad, ex.
tending iran Philadelphia to PITTS
burg was declared to be a public high
way. 1t Is also true that between
thuse termini, but not elsewhere, 1t be
came, by virtue OF those acts, II rom
mon carrier ior hire for all persons do
slring ils services in the transpurta
ton Of freight but it is not true that
under its charter and existing laws, il
is bound to make no discrimination il
favor OF any individual, firm, or cor
poraii0n Us against any other indvid
ual, firm or corporation. The defend
ant is not informed by the first para
graph of the bill OF the nature or char
acter OF any such discrimination
which, it il alleged, il is not bound tC
make, and until there is IA proper spec
lfication of its alleged duty il canno
make fuller answer, but will claim th'
right to refer to any or to all of th'
provisions OF the said act OF incorpOra
, ton and its supplements, and the sait
act OF May 10Th, 1857. to show th'
powers and discretion vested in ant
which nay be exercised by the sait
corporation.
Second-The Pennsylvania Railroad
Company, in pursuance of the declar
ed policy Of tue Commonwealth, as ex
pressed in numerous acts of the Legis
lature, has acquired by the purchas
of stock and bonds and by leases an
other contracts, an interest in or cor
nectlon with various other railroad;
Such interest, however Except in tn
case of leased lines), is simply that {
B, stock or bondholder, which does no
give to said company control Of tn
u tracks, rolling stock. motive power, Q
business of said corporations nor ha
y the Pennsylvania Railroad Compan
such control. Each of the other con
panies maintains u separate organizi
, ton, is governed by its own officer
ands control its own motive powe
tracks, rolling stock, and business, an
is subject TO its own general reguli
re tions. The Pennsylvania Railroa
Company, by its main lines and Il
ly connections referred to, reaches man
hut not all, of the principal points
trade. manufacture, and mineral dcvC
opment throughout he State, at mo
OF which II encounters active and 60
stant competition for business by 9th
railroad companies (over which it h
=. no controD, chartered by this ar
other States.
Thrd-Of the railroads mention'
in the third paragraph OF the plai
It tiHs bill, the Pennsylvania Railrni
connects with the Allegheny Vall'
Railroad and the defendant owns
controlling interest IN the stock OF Il
latter company. The Philadelphia Al
7. Erie Railroad is operated by the d
II. ienjant under lease, and the road
en- the defendant L. connected with u
u, former, indirectly. by means of int,
~ !, vening roads The other roads in q
y, third paragraph named the deicndan
'e, road also connects with by means
," Intervening roads. but the deitnda
owns no interest in aud has no cOntI
"a over them or any OF them.
Fourth-The main line OF the Pen
syvanla Railroad and connecting ru
roads reach into the counties nam
IN the fourth paragraph Of the b
The Pennsylvania Railroad and It's CO
IS, Meeting lines reach tho seab0ard
Philadelphia, New York aud Ballimo
while there are many markets OF I
-. United States that they do not reac
nd The cara required for the carriage
nds crude oil are Of peculiar construct
:. and very expensive, both To build n
her to keep in repair. While the Penns
vania Railroad Company is not hon
to furnish cars ut any point other th
upon the line of its own road, ii
sent TO other roads in the oil rcgioi
number of such cars. These CT
@ would be more than sufficient to car
- all the oil which could be secured
transportation over tho Pennsylval
'''' Railroad, or its leased or control
lines; if it was shipped in regn
quantities during the year, but the
itr business is 50 iuctuntlng that wi
there are at times cars more than I
tcient for all such transportatl
there are other times when the
yls, maud cannot be supplied.
low Except the cxtont that il owns c
ft for the purpose, the Pennsylva
min Railroad Company has never engag
nor undertaken to engage, in the ira
I. portation OF oil from points on the II
- Of other railroads in the counties m
toned in the fourth paragraph OF
= bill.
Fihh--Subject to the explanat
hcreinbeiore given ns to the Penn
vania Railroad Company's owners
and control of the railroads refer
te1i ,n tI.a d.f,,ndapt admits that there