The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1885-08-19


Gowen's protest is very emphatic and clear
and there is no mistake
Has Mr.. Carnegie really Joined his forces
with Vanderbilt? ?''
They claim that he has, but do not be-
lievei it, I have been unable to obtain any
definite information as TO what Mr. Car
neeie will do. doubt very much whether
he will act with Mr. Vanderbilt, and if he
does not il will give US combined interest
which will amount almost to a control 1t
will oe difficult to refuse the claims of so
large minority" Mr.. A. A. Barker and
Others interested in the right-ot-way grant
have been in consultation with you. Will
they combine their interests with yours?''
..yes, think they will Our interests
are all the same and wewant the road built
We have not settled upon the plan OF our
suits, nor exactly what form they take.
There is a great deal to be considered and
arranged before suits are brought"
POWER OF THE SrATE.-It is pretended by
the advocates of monopoly that there is no
power in the people of Pennsylvania to en-
force the provisions oftheir organic law for
bidding snch conspiracies as that which is
now in process of eonsumniation between
the Pennsylvania Railroad Co aud VIM. II.
Vanderbilt Ii this were true, then the Con-
stitution of Pennsylvania, adopted in
1873, was adopted TO little purpose, and.the
peoHe OF this great State are indeed in a
helpless condition. Bu, those who make
the assumption concerning the feebleness of
the people in the presence of corporate ag-
gression have not considered the latent
powers which reside in the organic law Of
Pennsylvania. The Constitution declares /:
The exercise of the right OF eminent do
main shall never be abridged or so construed
as 10 prevent the General Assembly from
taking the property and franchises Of incor-
porated companies and .ubjecting them to
public use, the same as the property of in
dividuals and the exercise of the public
power of the State shall never be abridged
or so construed as TO permit corporations TO
conduct their business in such manner as TO
infriee the equal rights Of individuals or the
general well-beiag of the STATE
These are the great powers which lie be-
hind the provisions of the Constitution of
Pennsylvania in restraint of encroachnients
of railroad corporations. Subject to these
powers the charter of the South Penusyl-
vania Railroad was granted. Under the
charter, aud in the exer else 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 constructing a line OF railroad,
is in process of perversion from the original
design, and has become justly subject to for
feiture under the above power. which is in
heren. in the people. When an individual
attempts with his property to defeat some
necessary public enterprise the State appro-
PIRATES it in the exercise of the power OF enl-
inent domain. How much greater the ne
cessity for the enforcement of this power
when corporation acting in bad faith to-
yard the people seeks to defeat the purpos-
Is of its grant,
THIS great power mas been lying dormant
because no great occasion has arisen for its
exercise. For the first time since the adop.
ton of the new Consultation is agigantic at.
tempt made to convert the franchises Of 4
railroad corporation to purposes hostile to
the conditions of the grant. For the firsi
time is il Necessary TO invoke the police
power of the Commonwealth 50 that cor
poration which the Legislature has called
into being shall not infringe the equal
rights of individuals or the well-being OF the
State The Pennsylvania Railroad Man
ayers may conclude this bargain. with Van
derbIlt. bat they should be warned in time
that they are getting possession of charter
which is forfeited under The Constitution OF
the Commonwealth from the moment it
falls into their hands. Vanderbilt and his
family may carry elf their share of the plum
der of this conspiracy, but it will become
the duty of the next Legislature Of Penn
sylva1ia 10 declare the forfeiture Of tie
charter of the South Pennsylvania Railroad
Company and TO take possession of the prop
erty and franchises of the corporation. In
declaring this forfeiture il viii be necessary
to legislate so as to annui all the pretended
privileges acquired in the conspiracy with
Vanderbilt. as well as to protect the rights
of the Stockholders who are acting in good
faith toward the commonwealth and are de-
sirous of accomplishing the objects of the
charter. Il will be the fault of the parties to
this conspiracy if the latent but tremendous
power of the Constitution of Pennsylvania
is summoned into exercise, and they
should not complain when brought into con-
tact with its sharpest spikes. They have
ample warning OF the danger upon which
>they are runniDg - Patiiddsipkia Recsrd. #