The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-08-08
The GErTYsBURG TROLLEY R0Ah
A Preliminary Injunction to Prevent the
Work OF Construction DcnIed.


HARRrspuRa. Aug Attorney General
Hensel filed an opinion to-day denying tho
application Of certain citizens of Gettysburg
for writ OF quo warranto to compel
the Gettysburg Electric Railway Company.
hich was constructing line through
the battlefield. to show by what warrant
It did or attempted certain illegal and shameful
acts and asking preliminary injunction to re-
strain the company from continuing its work
OF con Instruction The Attorney G enera departs
in this instance from his usual custom Of fling
no opinion in cases of this kind because OF the
popular interest which has been man Tested
in the present proceeding. and because the
petition has been pressed on alleged grounds
OF public character. He sustains the con-
tention OF the com pany that rights Of way were
legally obtained in the borough; that tho COM
sent OF tho Township Supervisors was
duly obtained. anG the road Is being construct
Ell in accordance with that agreement and
under the supervision OF one Of the SUPER
visors: that the tracks OF the Gettysburg and
Harrisburg Railroad Company arc not being
used as alleged. but that unoccupied and be-
side those tracks is being used with the full
consent of the company: that the refusal OF
the Sevcnty-second Regiment Association
to allow the railway to pass over a small plot
OF ground owned but not used Iy the assooia-
ton. does not interfere with the continuous
route OF the company. but that the company
owns in fee a str Of land of sufficient width
to allow 1t to pass by the alleged obstruction.
The Attorney General finds that very large
preponderance Of those who represent the
material interests and. presumably. the good
with the enterprise. and approve che manner
in which the route over, which it is being con.
atructed WAS obtained. He also finds that
the. right OF way. about the occupation Of
which the loudesi c1mphbint is heard. vas e.
q nominal consideration by the lute Con.
s. " Crawford. who was himself
Mem orial Assoc iation. and who. all parties
agree was ~ all men most devoted
tothe preservation of the battlefield. He says:
THE strong presump tion that Gen. Crawford
would not have made this grant ior purposes
most sacred in his esteem II strengthened by
an inspection ofthe line itself. This shows that
1t has been chosen with a view OF affordng
tourists the best possible means OF visiting and
least possible to its natural conditions. In
stead Of mutilating or destroying the natural
formations. such as The Devil 8 Den' 1t has
most carefully avoided any destruction or
apparent from the evidence adduced at the
hearing before me that the advantages. from
patriotic and sentimental point of view to the
preservation and Qualification of the Gettys-
ceed nny harm threatened to 1t BY the cone
struction OF this railway"
The Attorney-Gencra! further decides
against the point raised by counsel after the
incorporation and government OF street rail.
ways il unconstitutional because the subject
10 not clearly expressed in its title.
He says. in conclusion that II he errs in his
know the complaints are not without remedy
at law.