Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-03-02

would be represented by counsel as you sug
gest Since acted in my individual capaclty
| as citizen in representing the complaint,
| should not be expected to be represented py
counsel to defend the Consultation OF the
State. since that duty falls upon the
1 If you summon the employees Of the Lehigt
Valley Railroad Company and those OF tne
Central Railroad of New Jersey you VIII
learn that an order has been issued from the
Office of the Philadelphia and Reading Rail
road, subordfnating the officials ana en-
pioyes OF the first two named companies &c
the management of the latter. Furtner
more, 1t will be discovered that many EN-
| ployes of the Lehigh Valley Railroad Com
| pany have been discharged on the order o.
the management of the Reading comDlna
| ton.
Sure Evidence Of tho Combine.
The Port Reading Company, as Is well
known, is but an insignificant concern and
is the property of the Philadelphia and
Reading Company, which is the name OF
branch road made use o., instead Of the
company which owns It, II the transaction
is honest and constitutional.
In this region, the officials of the Phila'
delphia and Reading are making contracts
| with coal operators along the line OF the
Lehigh Valley and Central Railroad OF New
Jersey for the delivery OF coal WIN 1e De
argued that the Reading Railroad runs
| through this region, or that the corporation
| can receiye that tonnage in any other way
| than over the tracks of the two companies
Morgan & Co. this statement has been given
| out. An arrangement similar to lease has
| been made. by which tho Philadelphla and
Reading takes control Of the two railroads
in question. And the following Is given out
as the CONTRACTS:
The Reading will guarantee to the New
Jersey Central stockholders per cent on
this vii "a vii Annallv between
the New Jersey Central and the Reading
stockholders. The Reading guarantees TO
the Lehigh Valley stockholders per cenG :
per cent, and thereafter, from July l, 1898,
the guarante will he per cent.
The Reading Company, as it is reported in
WIT with pfeas Morean co.
tiles to secure the Lehigh Valley lease and
s. 600 900 securities. to secure the lease OF the
Jersey Central. I am apprised OF these
presumptive evidence Of the existence OF
combination such as is positively forDlo-
den in article II Of the constitution.
Appealing to Henseps Official Oath.
Your oath of office, it appears to me, re-
quires that the slightest attempt at viola
tion of the constitution should be noted In
an official way by you. The Constitution, in
its denial of such privileges to corporations,
is positive or meaningless. If positive then
your duty is clear; if meaningless, we should
know it from the highest legal authority OF
the Common wealth, that we may amend.
alter or abolish, as allowed by the Bill OF
Rights.
It NAV be that have taken the wrong
course in attempting to have & legal Rr1seeead Rsss"d
to be conspfrfng against the peace and wei
fare of the State. am not lawyer and can
not, therefore, be held to be blameworthy
for not being conversant. At the time l en-.
tered the complaint, with the fact tnae
there is in the statutes of the State law TO
prohibit foreign corporations from DONG
business in Pennsylvania without having
known places Of business and authorized"
If that combination comes under the head
of corporations, then it should be required
to comply with Section of that law, which
reads:
1t shall not be lawful for any such corpora
ton to do any business in this Common.
wealth until it shall have filed in the ONCE OF
ment under the seal of said corporation and
signed by the President or Secretary there
of, showing the title and object OF said cor
poration, the location OF its omce, ana the
name or names OF its authorized agent or
agents. etc.
Tho Foreign Corporation Phase.
In framing that law in accord with the
constitution, it was the evident intention to
have a record for all foreign corporations
doing business within the State. 1t Is illegal
for any corporation, foreign or domestic, to
transact its business in this State without q
warrant Of law. If mere corporation Is
denied the privilege of doing business unless
it places the application and charter open to
the inspection of any citizen, can 1t be less
SO for an Oh n oS Sr IN
tions as make up what is known as the
"Reading dealf" -,
This is q foreign institution to Pennsylva-
mia. 1t was born in New York. If the law
above referred to does not in any way apply
to this case, it may be that the remedy may
be found in can act regulat1ng the eiecson
and fixing his salary. Part Of section Of
that act reads like this: -.
'It shall be his especial duty to exercise
watchful supervision over the railroad,
business corporations Of the State, and to
see that they confine themselves strictly
within their corporate limits; and in case
any citizen shall charge under sf,. oath tn
corporate functions or infringing upon the
rights of individual citizens, said Secretary
shall carefully investigate such charges, and
ciai report, as enjoined in the Constitution
of the State, and In case he believes that the
charges are just and the matter complained
of is beyond the ordinary province OF indl.
to the Attorney General, whose duty it shall
be to redress the same by proceeding In
the courts"
Powderly Awaits . Reply by Wire.
II, in making my complaint direct to the
Governor, as felt that in courtesy should
do so, have erred, I will cheerfully proceed
to procure the required af1davits and place
them in the hands of the Secretary Of In
ternal Affairs, SO that official may act. I
will not have time to procure the afidavits
before the 3d. and could not place before
you an iota more of evidence than is con.
tanned in this statement, for the length of
which beg to be excused.
Were to 60 to Harrisburg would but re-
peat what I have already written; but If
you believe that should do SO, will hold
I have an important engagement for the
evening Of the I'd, which must be cancelled
If 60 to Harrisburg, and ], therefore, ask
as special favor, that you kindly wire me
on receipt OF this, whether it will be neces-
sary to attend, so that may give due notice
to the parties concerned in my arrange
ments for the evening of the I'd.
Truly yours,
T. V. PowDKRLY.
Attorney General Hensel sent the follow
ing reply to Mr.. Powderly this evening:
To T. v. P0wderly, Esq, Scranton. Pa:
Your letter of February %, forwarded from
has just reached me here. Be-
plying, beg to say have not assumed that
you are bound under any penalty
to repair to Harrisburg. I felt It
my duty to give you notice Of the
hearing and an opportunity to at.
you should do SO. II you desire afterward
to be heard further, or to file additional
matter, opportunity will be afforded you,
w. U. HENsEL, Attorney General.
THE PzNNsY woRsrED AGAIN.
Its Hated Rival, tho Reading, Secures An