The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1885-08-21
POWER OF THE STATE.

It is pretended by the advocates of
monopoly that there is no power in the
people Of Pennsylvania to enforce the
provisions of their organic law forbid
ding such cOnspiracies as that which is
now in process of consumation between
the Pennsylvania Railroad Company
and William III. Vanderbilt. If :his
were true, then the Constitution Of
Pennsylvania was adopted in 1873 to lit
tie purpose, and the people of this great
State are indeed in a helpless condition
But those who make the assumption
concerning the feeEleness of the people
in the presence of corporate aggression
have not considered the latent powers
which reside in the organic law of Penn
sylvania. The Constitution declares :
The exercise OF the right of eminent do
main shall never be abridged or so con-
strued as to prevent the General Assem-
bly, from taking the property and fran
chises of incorporated companies and
subjecting them to public use, the same
as the property of individuals and the
exercise of the police power Of the State
shall never be abridged or so construed
as to permit corporations to conduct
their business in such manner as to in
fringe the equal rights of individuals or
the general well-being of the State"
These are the great powers which lie
behind the provisions of the Constitution
of Pennsylvania in restraint of the en-
croachments of railroad corporations.
Subject to these powers the charter of
the South Pennsy lYania Railroad Com
paDy was granted. Under the charter,
and in the exercise of the privilege of
eminent domain conferred by the State,
the company entered upon the lands of
the people along the route of the railroad
and appropriated them to its use.
That charter, which was granted by the
Legislature in the good faith of the
Commonwealth for the purpose of con-
structing a line of railroad, is in pro.
cess of perversion from it's original de-
sign, and has become justly subject to
forfeiture under the above power, which
is inherent in the people. When an in
dividual attempts with his property to
defeat some necessary pubic enterprise
the State appropriates 1T in the exercise
of the power of eminent domain. How
much greater the necessity for the en-
forcement of this power when a corpo-
ration acting in bad faith toward the
people seeks to defeat the purpose of its
grant
This great power has been lying dor
mant because no great occasion has
arisen for its exercise. For the first
time since the adoption of the new Con-
stitution is gigantic attempt made to
convert the franchises of railroad cor
poration to purposes hostile to the con-
ditiOns of the grant, For the first time
is II necessary to invoke the police pow
er of the Commonwealth so that a cor
poratiOu which the Legislature has CAL
led into being shall not infringe 1.-THE
equal rights of individuals or the we'll
being OF the State; ,; The Pennsylva-
MIA Railroad Managers may conclude
this bargain with Vanderbilt, but they
should be warned in time that they are
getting possession of a charter which is
forfeited under the Constitution of the
Commonwealth from the moment it
falls into their hands. Vanderbilt and
his family may carry off their share of
the plunder Of this conspiracy, but it
will become the duty of the next Legis-
lature TO declare the forfeiture OF the
charter o! the South Pennsylvania Rail-
road Company and to take possession OF
the property and franchises of the cor
pOration. In declaring this forfeiture
it will be necessary to legislate so as to
annul all the pretended privileges &C
quired n the conspiracy with Wander
bilt, as we'll as to protect the rights of
the stockholders who are acting in good
faith toward the Commonwealth and
are desirous OF accomplishing the OBJ
jects of the charter 1t will be the
fault of the parties to this conspiracy if
the latent but tremendous power of the
Constitution of Pennsylvania is sum-
moned into exercise, and they should not
complain when brought into contact
with its sharpest spikes. They have am
pie warning of the danger upon which
they are running. ng.-PhjJddelpbia Record.