The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1885-09-23

NJ fLe Fd;tor Of he Press :

velopments will Justify further state
ment.
1t is said that the South Pennsyl-
ymia is unfnished-"a few holes in
the ground" This is evasive and
unsound. 1t is no ground OF escape
from the new Constitution. The
South Pennsylvania is q fully FORM
ed corporation, competent 70 con
solidate. lease or sell" its stock,
property and franchises" II has a
duly surveyed, located and purchas-
ed aliner and works" which, al
though unfinished, it can lease ox
sell TO another railway company
competent to take or purchase. 1t
NAV consolidate" its "stock, prop
erty and franchises with another
road competent to take, and may
transfer all these to such company.
IT, therefore, the Pennsylvania Rail-
road Company be not competing,
parallel line, there is no want OF
ability in the South Pennsylvania
Company to contract with the Penn
rylvania, and give it perfect title
and control" and the Pennsylva-
MIA may complete and operate it.
There is nothing in the way, how
ever, but parallelism and competition.
But this is the very thing the Con-
stitution forbade. The South Penn
syivania has surceyed, located, pur-
chased and possessed a line Of rail-
way. which it is in the act of finish
ing. Ii has the power and franchise
TO do this, and the power and fran
chise to operate this parallel line
when finished. Now, if the Penn
sylvania can purchase and control
these powers and Franchises, either
10 coraplete and operate, or to aban-
doa and destroy, it necessarily i'm
pugns the very purpose OF the Con-
stitution by taking away the COM
petition that Fundamental. law in
tended to preserve. The South Penn
sylvania has a vested interest and
good title in the slime" il has surrey
ed. located and taken, which cannot
be invaded except by tie State her
self, or under her authority. This
is settled by decision.
Ii is this line which the Pennsyl-
vania Railroad Company cannot
purchase or control, because 1t is
parallel and necessarily competing.
The fact that the roadbed is not
completed and rails laid does not
destroy this title of the South Penn
sylyania to its duly located line and
the property purchased or taken
over which the line is laid. The
fact that this line is unfinished does
aot destroy its right to sell or lease
il and its purchases and powers over
il to another competent TO take 1t.
Thus we have fully hedged cor
poration. "a located and purchased
slime and power to lease or sell,
and this is all the Constitution de-
mands in order to protect it for the
benefit of the people.
If the Pennsylvania purchase or
control it. il must be tor one of two
purposes-to operate the line or To
destroy it. 1t must finish or aban-
don it. If it finish, then it will con-
troll and operate parallel and COM
peting line. What is this but a
most unnatural Interpretation of the
words parallel and competing line ?
Abandonment reaches the same end. |
But it is said the Pennsylvania
has right to build four tracks upon
Its road, and it may therefore do
this on the surveyed location and
purchased line of the South Penn
sylvania. Are the people and the
Judges of Pennsylvania so thick
headed as to be misled by this state
ment? Certainly the Pennsylvania
may build four tracks, but it must
be its own tracks, on its own road,
under its own charter. II it build
on the line of the South Pennsylva-
MIA, how is it2 1t takes the loca-
ton and lands and builds under the
charter of the South Pennsylvania,
and when built must operate under
the charter OF the South Pennsylva-
MIA. This it does, in a distant part
of the State and outside of its own
termini. This is wholly ultra rires
and outside of its charter. Ii Is the
parallel and competing line OF
another company. Does it make
any difference who finishes it?
Clearly the benign intent of the Con-
stitution cannot be defeated by any
such trick. If it can be, then this
imperial corporation can forever pre-
vent competing line by buying up
its stock and controlling it before it
is finished. 1t is the polcers and
franchises of the corporation it buys
and controls, not its mere road bed.
If the purchase or control of the
South Pennsylvania is obtained
merely to abandon, the act is equal
ly ultra rires, and an invasion OF the
Constitution quite as palpable. It's
charter power is to build its own
road between its own termini, not to
60 abroad and buy or control the
works of another corporation under
a different charter. In doing this il
necessarily makes use Of powers not
its OWE, and this it cannot legally
do in this case.
Again, abandonment and dissolu-
ton of the South Pennsylvania Com
pany do not disable the State from
granting a new charter, or a new
company from exercising the right
of eminent domain and taking the
unfinished work under the third Sec
ton of the sixteenth article OF the
Constitution. Yet this abandon
ment and dissolution are inexcus-
able, as they hinder and delay
the rights of the people, and this is
the very essence of fraud.
Ii is said the purchase or con-
troi' may be BY Others. Clearly not,
unless for themselves. If payment
be made by the Pennsylvania Com
pany in cash, bonds, certificates,
stocks or otherwise, it is the act of
that company, and the fact may be
investigated and found, and the of
Tending corporation prevented from
consummating Its illegal purpose.
In finding this tact circumstances
are evidence. If a company of
bankers or brokers be found acting
u