The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1907-09-19

Pennsylvania Court Declares Ia~.
Unconstitutional.

| bucoustftuuOnnf
| Philadelphia (SpeciaD In a 30@
900 word opinion handed down Tuesf
day Judges Wilson and Audenriod.
of Common Pleas Court No. 4, rem
dered their long-awaited decision up1
on the Dunsmore 2-cent rate law, De-
| claring the act unjust, unreason<
! able and confiscatory," and thereforA
! unconstitutional insofar as It apple
to the Pennsylvania Railroad.
While the decree was hailed as
great victory by the Pennsylvania
Railroad, which had made the Coup
ty of Philadelphia defendant In &
suit to enjofn the collection of finet
provided for the violation of the
Dunsmore act, the opinion of the
Judges. IL upheld upon the appeal
which is to be taken to the Supremt
Court will not unite the legal kn0t
for all the States railroads.
1t is specifically stated by the court
that the opinion is rendered entire
ly upon the contentious set UP by
the Pennsylvania Railroad, leaving
open the question as to whether the
law may not apply legally to other
railroads unless these corporations
can prove the same facts shown BY
the Pennsylvania Railroad.
The Judges Findings.
Briefly the finding OF the Judges
is this:
ut agrees that the Legislature pos
| sesses the power to fix the rates to
be charged by the railroads, but It
excepts part of the Pennsylvania Line
that part between Pittsburg and
Harrisburg - built under charter
rights which permit IL to charge
whatever fare its officers consider
| reasonable.
1T is set down by the Court, how
ever, that the Legislature under a
ruling of the Federal Supreme Court
has no right to regulate rates so that
company will not be able to earn
the legal rate of interestA--which in
this State is six per cent.
BY their own calculation the
Judges decide that the Pennsylvania
would not be able to earn this sil
per cent. under the two-cent law.
Therefore, 1t is that the act in its
application to this railroad Is de-
clared unjust, unreasonable and con-
fiscatory.'"
A1hCSb Oh OtlCE ANOaauS OuNCEtsAiils
Whether this will apply also to
the pending cases of the Philadelphia
& Reading, the Lehigh Valley, the
Northern Central, and the Philadel-
phia, Baltimore &c Washington, can
not be known until the figures of the
roads are subjected judicially to the
same test as used in the case Of the
Pennsylvania. All of these roads
claim that they would not be enabled
to earn the legal rate of interest.
But the Interpretation of the law is
such that each corporation must
stand upon is own bottom in court.
Preparing Appeal To Supreme Court.
Preparations to appeal the case to
the Supreme Court of the State was
begun Immediately by City Solici-
tor ]. Howard Gendell, who has been
defending the case in company with
Attorney General Todd. He will first
have to file exceptions which will be
argued before the entire Court,
Judges Wilson, Audenried and Carr.
This is but a formality necessary to
make the decree final.
President McCrea and General So
licitor Gowen, of the Pennsylvania,
announced that they were anxious
to go through with these prelimi-
naries hurriedly in order that Mr..
Gendell might get an early hearing
and decision upon his appeal to the
Supreme Court