The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1881-06-01

would be useless-that il is q law that
would be detrimental TO the interest
Of the railroad companies. This NAV
be true, but have examined the stat.
utes OF ut least twenty States in this
Union and have found that similar
law is in force in every one of them
but one. We find in the State of New
York an act similar to this, which
reads something as follows: "Everv
corporation formed under this act".
referring to a railroad company
shall erect and maintain fences ofthe
height and strength of division fence
as required by law, with openings or
CRATES or bars therein to accommodate
the farms adjoining such railroad and
also construct and maintain cattle
guards at all the railroad crossings,
etc." Now, then, in the State of Ala.
6ama we have the same railroad law
In the great State of Illinois, whore Il
us almost exclusively pray;s The 10 ~ "
requires railroad cospanies to fence
on both sldes0f The track, also to placs
iiggs. ~
In the State of Connecticut they have
the same law, with penalties attached.
compelling the railroad companies to
fence their improved lands, as well rs
where they run through timbered tracts
In the bill we have here we do not ask the
railroad company to fence along steen
banks OF rivers, or along large timber
tracts or unimproved lands. 1t would be
an injustice 20 do that. We do not ask
a " n NN l,nNI l.
we consider would be perfectly inst and |
right. will say this with reference 10 |
the railroad companies, that / am not |
opposed to corporations of that kind. hut |
on the contrary l am in favor of such cor |
porations, because they have done moro |
good PROBABLY to the State of Pennsylva- |
MA and to the United States than all other
corporations combined. They have been
tne pioneers of our present civilization.
but as they are growing in greatness and
extending all over this country, thew are
becoming so powerful that they some-
times forget the rights and even the ex-
lstence of the people. AS the people have
given them their powers and given them
the right to do what they are doing at the
present time, so they have a perfect riaht
TO check them in any Entertainments upon
the rights of the people and to saw what
tnelr rights shall mean and what their
rights shall be in the future, This bill ne
it now stands should be engrafted amon~
the statutes of this Commonwealth. there
is no reason why it cannot be passed TO-
Gay. If any gentleman here has onv
doubt as to the constitutionality of fhis
blll can cite him to report of a case
that was taken up from Erie countv
where the courts Of this Common waaiin,,
nave decided this to be q constitutional
measure, In 1868 there was a local law
passed Tor Erie county, ono for the county
OF Warren and one for the county of Ve-
mango, which required the railroad com
Pahies TO maintain fences along their
ROADS or to pay the damages to the farm
ers resulting from neglect to build and
MAINTAIN such fences. Under that law
tnere was cow or some animal lxillad
ana the owner OF the animal sued the com.
pany. A judgment was obtained before a
lusGlce OF the peace. The case was an.
pealed to the court of common pleas and
from there taken to the Supreme Court.
The latter court deciding that the law was
and that the railroad COM
pany was obliged to fence it's tracks. and
obllged to pay damages for property de-
itroyed along its line, resulting from neg
leoC ps " 40 So NOW, then, that being the
case, TINS Legislature has The right to mass
! law OF that character, Is it not riobt
mat 1t should be done? Look at the Cir
;umstances all over the western mart NJ
-he State. For instance take the countv
d torest. In that county the enclosed
49,: '5O 10 HoL SuluclenJ 1or those who =
ave along the line of RAILWAYS and in ,
many cases persons who have simnlv a
COW or TWO, from whiJh they derive n
part OF the support for their families have
40 p astnrage upon which to feed thom
ma they are obliged TO let them run at
arge. H az
Now, under the laws of this Common.
wealth II they stray upon the railroad )
rack ana are killed, the owners can So .
;ure no damages. That should be reno-
iieu' L claim further, that il is to the hem I,
y 'lit OF the rallroads Of this State to fence 4
heit tracks, because there are thousands Il
lnu hundreds of thousands of passenrors =
'Very year travelling over these roads and p
'ccldehts involving loss of life and lron-
'rIy nave often occurred, and NAV occnnr
gam from cattle straying upon their
RACKS Ihe damages from that source 10
ne ah9 property is serious item 10 he
aken into consideration. Again. a man
Who may have a small farm alone :, Ia
"au ana VINO may be worth a few thOus
ma dollars, If his cattle break loose and
yet upon the railroad track and are killed
hu III consequence of their strayin0 unon
nat track train is thrown from the track +
- uo' ives are iost and property DESTROYED p
ne owner OF that animal is liable and if
iuginent IS obtained against him he NAV | p
u 'uiheu, SIMPLY because his cattle acct
entally broke through the enclosura
VOW, say that is wrong; railroad COM T.,
ahies can fence their tracks, where il is .
ecessary to do so under this act. at a very =
mall expense, and keep up those fences
a very small expense. The travelling G.;
ilc uplc VIII be benefited by it, and the O
abroad companies will be benefited nv ~
i ana those living along the lines of rail- "a
oads Will also be benefited 7,
SIMPLY because they are great corpora- Tn
ons, they should not forget that the neo. ri
le constitute "the power behind tbe
lrone." Although they do not ask verv III
lten Tor legislation to protect their RIGHTS In
ct when they do rise and demand g. y M
Mould be granted. 1 believe to-dav that pr
10 railroad companies in this State are b..
OF altogether opposed to this bill: I he
eve but few of them are nnnnsnd - a. ".