Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-03-31
Aa1,caster f,ltelligf1lrer.
SATURDAY EVENING, MARCH 81. 1873
A New Railroad War.


A small. sized railroad war has broken
out in philadelphia consequent upon the
building of temporary bridge by the
PENNSYLVANIA railroad company on the
property of the Philadelphia, Newtown
& New York railroad company, where
the lines of the companies intersect.
The Pennsylvania company is lowering
its tracks and erected the bridge SO as
not to block the travel on the line OF the
other road, which has turnpike IN ex-
istence, as well as a railroad, not yet' we
believe. constructed. The NeWto"n
company is presided over by that genial
gentleman and excellent lawyer, Col.
Boyd, of Norristown, and isa dependen'
CIV of the Philadelphia & Reading rail
road. Col. Boyd does not seem to have
appreciated the kindness Of the Penn
sylyania. people in seeking to lower their
tracks without interfering with traVei
on his turnpike, and so between midnight
and O'Clock in the morning, ne caused
the bridge, which had been erected on
the ground of his company, to be taken
down.
Two interesting questions seem to
be raised by this controversy, and, per-
chance, it may bristle with many more.
First, it appears that the Pennsylvania
railroad is making its improvement un-
der the general railroad law of the state !;
which fact seems to show that corpora
tion to he no longer disposed to deny
that it is under the control of the proVl
sions of the constitution claim that
it has been free to make in the past,
but which, we understand was abandoned
in the arguments OF its representatives
made before the judiciary committee on
the matter Of the proposed legislation
concerning discrimination in freight
charges. No corporation is permitted to
take advantage of legislation subsequent
to the adoption of the constitution with.
out declaring its submissive to that
instrument. We are not aware that
the Pennsylvania railroad company has
formally made this declaration, which ii
is now in order for it to enter The peo
ple of this vicinity are interested il
another question raised IN this bridge
matter. The Pennsylvania ~,ilroad ha:
been extended around this city and ba!
erected several bridges upon the turn
pixies which enter our town from every
direction. These bridges have their abut
ments built upon the highway
aud by what authority it is thus
o5structed we are unable to discover
The turnpike companies having but :
limited right to the highway. which doe
not permit them to cucumber it, in sucl
q way as to interfere with its free us
for travel over its whole extent, Ger
tainly have no right to grant to the rail
road company a power they DO not them
selves possess, even though they wer
inclined to do So And a railroad shoult
have no power to make roadwa
narrower than the width at which it .ha
been laid out. 1t is, of course, mucl
cheaper for the railroad to build a nal
row bridge than q wide one but it i
better for the travelling public to hav
one whose piers do not narrow the road
way. 1t certainly has right to tn
endowment Of tie full width of the road
and yet this enjoyment is taken ava
from them and that without compensa
tion. If the Newtown company wi
show to the public that railroad car
not build its bridges upon a public hisl
way. it will do valuable service to tn
public, and we trust its contest with th
Pennsylvania will not end until tn
rights of the parties are judicially de
termined.