Year: 1865

The party who is injured by its action is
not heard The reasons usually alleged in
the preamble to such acts are the mere sug-
gestlons OF some interested party, seeking
to speculate at the expense of otnerS-prO-
fesslonal solicitors who infest the lobby are
ever ready, for sufficient consideration, to
impose on the good nature Of honest but OF
ten careless legislators, by the suggestion of
any necessary talsehood.


If any one should feel curious as to the
methods used by agents of corporations to
obtain such legislative acts as may be desi-
rable, they will find them fully exposed in
the opinion in the Supreme Court, deliver
ed in the case of Marshall vs. the Baltimore
and Ohio Railroad Company, 10th How
ard, 333


We do not intend even to insinuate that
any such secret sercice by ''sAiIlfm and IN
scrupuious agents" 'stimrlated to acttre
porttzanship by tie strong lore Of high prot.
its to use most efficient means" to get the
vote ''ot the careless mass Of legislators
have been used in this case. But we do say
that the recitals in the preamble to this act
exhibit labored attempt to justify more
than doubtful exercise Of power by an array
Of reasons which, even if true in fact, might
be demurred to in law as insufficient.


The act does not contemplate the exer-
else of the right of domain by which the
property of individuals or corporations may
be taken for some public use on making am
pie compensation. Its object is to transfer
the franchises and property of one corpora
tor, anxious by every means IN It's power
to complete valuable public improvement,
to another whose interest is not to complete
the road, and who are not equred TO do so
at any time in this or the next century,
W here IN a case like the present the Legisla-
ture are asked to take the property of one
corpOrant and give it up to another on the
ground that one has abused or misused its
privileges, the just and proper mode would
be to pass a resolution ordering the Attor-
neyGeneral to institute the proper legal
proceedings to ascertain tie fact of misuse
or abuse If such issue be found true
then that the charter be revoked or resum-
ed. We do not say that without such ju-
dlclal proceedings ascertaining the existence
OF the condition in which the right of re-
peal Is reserved, the act is absolutely void
6Ut zee do sag that in all such cases the par
ty Injured If he denies the existence Of such
misuse OF abuse, mas Il rIgnG 70 pe neard,
and tn have that question tried Eeiore he
shall surrender his property or his franchise.
We DO not think 1t necessary to notice the
numerous and conflicting cases which have
been brought to our notice by the learned
counsel.


In the case of the Erie and n. East r.
r. VS.. Casey, Goth Pa. and lst Grant, the
Court found, after full hearing of the par
ties, that the fact of misuse or abuse"
did exist, and therefore the act was not void.


1t cannot, therefore, be any precedent for
a case which admits that such facts do not
exist. The principles of law, so far as they
affect this case, are very clearly and tersely
stated by Chief Justice Lewis, in his opin-
ion to be found in lst Grant, 275, with re-
view of the cases and a proper appreciation
of that from Iowa.


The sum of the whole matter is this:


l. The complainant has shown a proper
case for the interference Of the Court In his
favor.


p That the act complained of is uncon-
stitutional and void under the admissions Of
the case.


3. The complainant is entitled to the de-
cree of the Court on the pleadings as they
stand


4. That the defendants have leave to
withdraw their demurrer and answer over
and if they shall so request, an issue will be
ordered to try whether the Pittsburgh and
Connelsville railroad have misused or abus-
ed their charter.


| am authorized to say my brother NJ
Candless fully concurs in this opinion.


Bill dismissed to the Governor, as his
acts, can do neither harm nor good to either
party. Respondents have thirty days to
file, answer and request issue. If not done
in that time final decree according to the
prayer of the bill per curiam.


r. c. GR1ER.