-r
1
NBUR.Y
I AMERICAN
. H. B. MASSER, EDITOR AND PROPRIETOR.
' OFFICE, MARKET STREET, OPPOSITE THE POST OFFICE.
a Jfnmfly iictospjipcv-DcDotrt to Jjouttcs, iutcraturr, woralltff. jForrtflit anu Domestic iUtos, science ana the arts, aarlculturr, jfHarUets, amusements, arc
flliW SERIES VOL. NO. 31.
SUNI1UKY, NORTHUMBERLAND COUNTY, PA., SATURDAY, AUGUST 14, 18.12.
OLD SERIES VOL. !a, Nf). 47
TERMS OF THE AMERICAN.
TUB AMERICAN li published every gutimtny nt
TWO DOI.l.AliH per annum to be paid half venrly in
advance. No pnper discontinued until iu arrearages are
paid.
All communications or letter, on bti.iin-s relating to
Ah office, to insure attention, mint Im l'CJST VA.ll).
TO CLl'lK.
Three copies to one address, M 00
Seven D Do 10
fifteen l)o Do 20 00
Five dollars in advance will pay fur thiee yeai's suu
ecription to liie American.
One Sauaie of 10 line., 3 time.,
Kvety subsequent insertion,
One Square, 3 months,
Six inonllia,
One yenr,
Business Card, of Five line., per annum,
Merchant, and other., otlvertininc ly the
year, with the privilege of inserting
different advertisement, weekly.
tV Larger Advertisement, as per agreement.
(I on
Son
eon
uoo
10 00
H. B. MASSE?.,
A T T OIINEY AT LAW,
SUNBURTT, PA.
Business attended loin the Counties of Nor
thumberland, Union, Lycoming and Columbia,
liefer ol
P. & A. Rovoudt,
Lower & Barron,
Komcrs & Snoiljrnss, f l'hilad.
Reynolds, McKnrlntid ct Cc
Spcring, Good (X. (Jo.,
JAMES J. NAILIiB,
Attorney and Counsellor at Law,
S TJ BURY, PA.
SELECT POETRY.
to nil
nuil
WILL attend faithfully nnd promptly to
professional business, in Northumberl
and Union counties. He in familiar with the
Cennan language.
OFFICE :- Opposite the "Lawrence House,"
s, few doors from the Court House.
Kunuury, A up;. 10, 1851. ly.
J. STEWART LEPUY. .
A T 223 North 2d street, above Y ood.
(Burnt District,) Philadelphia, would
respectfully call the attention ol'hixfriciuls
and the public in general, to his lame nnd
well selected stock of Carpets, Oil Cloths,
Mattings, Window Shades, c-'tair Rods,
Ac, etc.
Vcniiinn Carpeting from 7 cin to 100 otB per yd.
Ingrain " is '' " " "
Three Ply " " l!M " "
nruswU " II-.' " 1VJ " "
Door Malts. Ho would invite the atten
tion uf dealers and others to his large stock
of JJoot Mull.i which he, m imifatnrcs
in great variety nnd of splendid quality.
Oil ('lotus, from I yard to 8 yards wide
wholesale and retail.
April 10, 1852. Cm.
O i
THE WASTE OF TIME.
Bv CllAHLKS DlCKU.NS.
Give me tho gold l hat war has rojl,
Before this peace-expanding clay ;
The wasted skill, I he labor lost
Tho menial treasure thrown away;
Anil I will buy each rood of nuil
In every vol discovered land ;
Where hunters roam, where peasant's
toil,
Where many peopled cities stand.
I'll t-lothe encil fliiveiinz wrelc'i on eurlh,
In need fill, tiny, in brave ntliie;
Vesture beaelling b.ni(uel miith,
Which kings might envy nnd admire,
In rveiy vale, on every plain,
A school should clad l he en iters sight ;
Where every poor man's ehild may uaiit
I'tiio kuo". ledge free as uirund liyhl.
I'll build asylums for the pnnr,
By ne or ailment made fmlorn,
And none shall llirust Ihem from their door,
Or sliiis w ith looks or words of corn.
I'll link ench alien heniisphe'e '.
Ib'lp honest men lo conquer wrong ;
Art, eiene.f", Labor, nerve and cheer.
Reward the Fuel for Ins song.
In very crowded lown shall tiso
H.ill Academic, amply iraeed ;
Where ignotance may won be wise,
And coarseness learn boih art and lasle.
To evety province shall below;
Colleijiato strncluies, and not few
Filled with a trntli-explniiug throtifi,
And teachers of the goud and true.
In every true and peopled clime, ,
A vast Walhallu hall should stand ;
A marble edilice sublime,
For the illustrious of the land ;
A pantheon for the tri'LV creat,
Tho wise benilieent, anil just;
A place of wise and lofty state,
To honor and to hold "their dust.
A temple to altiact and teach
Shall lifl its spiie on evejy hill,
Wheie pious incii shall feel and preach
Peace, merry, tolerance, cood will ;
Music of bells on Sabbath days
Round the whole earth shall gladly rise ;
An. I one gteat Cluistian sonu of praise,
Stream sweetly upward to the .-kt'-s!
make a railroad along the same route which inexpediency being once overcome by ot li
the Susquehanna Company has adopted; er considerations, it seems like a very slight
and the counsel on both sides have done reason lor authorizing another Company to
THE SUNBURY & ERIE RAIL ROAD
INJUNCTION CASE.
HARRISBURG STEAM WOOD
TURN' I NO AND SCROLL SAWIMJ
SHOP. Wood Turning in nil its branches,
in city style and ot city prices. Every variety of
Cabinet and Carpenter work cither on hand or
turned to order.
Bed Posts. Balusters, Rosetts. .Slat and Quur
tcr Mouldings, Table I.ejs, Newell Posts, Pat
terns, Awning Posts, Wagon Hubs, Columns,
Ro,!V. a?m wx.Vvv'i.imm.v t plaintifls are Stockholders in the Susque
1.,,'" Company which was in-
pleas all our customers who want good work : corporated by dti Act of the Legislature,
done, it is hoped that all the trade wil' give us a ' passed 1 kh of April, 1831, and authorized
well to throw almost the whole weight of
their argument upon that point. Wchave
considered it with the care which is due to
a question involving interests, public and
private, of so much magnitude.
In 1837, the Legislature incorporated the
Sunbury and Erie Railroad Company, with
authority to make a railroad Irom Sunbury
to Erie, but without any authority to extend
their work further south or east than Sun
bury. Dy this, their original charter, they
had no nioru right to make a road from
Sunbury lo Harrisburg, than il they had
never been incotporated at all. Such was
the state ol things in 1S31, when the char
ter was given to the Susquehanna Compa
ny. The act which brought the latter
company into being, gave them the privi
lege uf construction their railroad along the
Susquehanna river, between Harrisburg and
Sunbury, by a route to which nobody else
had any right or pretence of claim. On
the laith of this unequivocal grant of au
thority to construct tln-ir work on a tract
then entirely open to their enterprise, they
raised the capital necessary for the purpose,
and prepared to commence it. It is at this
stage of their progress, that the Sunbury
and Erie Company set up their claim as
grantees from the Slate of the same pnvi
lege, and assert too that they have a legal
right to make a road between the same ter
mini, along the same valley, and by the
same intermediate points. Did the Legis
lature intend that these two companies
should each have equel authority to con
struct the same identical wotk ? Did they
desire or expect that two railroads should
be made between Harrisburg and Sunbury,
and conducted by two did'erent companies
It seems to us extremely improbably that
this could have been contemplated.
Doubtless it was very desirable that an
improvement so important to the northern
part of the State, should be finished as
soon as pusible, but the struggle between
two companies, invested with the same
privileges, each having an equal right to the
ground, would be more likely to end in the
ruin of both, than to give either a fair
chance of success Legislation like this
would not only be iiijurotis in ils t-U'ect on
the public interest, but it would be a wrong
The following is the opinion of the Su
preme Court in the important case lately
decided at Sunbury :
IFm. F. Packer et , vs The Sunbury mid
r. I Erie llailroad Cum puny. Black C J.
OPINION OP THE COLUT.
THe bill in this cause sets forth that the
interfere with the rights it secures.
All the arguments a priori aie therefore
against the defendants, and impose upon us
the necessity of giving to this statute a con
struction strongly in opposition to the right
claimed under it. Out to justify a strict '
construction it was not necessary to con
sider the nature and circumstances of the
particular law before us, for it belongs to a
class of statutes which, by a long establish
ed and well-defined rule of interpretation
in all the States of the Union as well as in
England, must receive, and uniformly have
received the strictest possible construction.
All acts of incorporation and acts extend
ing the privileges of incorporated bodies
are to be taken most strongly against the
companies whatever is not expressly and
unequivocally granted in such acts is taken
to have been withheld, 11 East, 6S5. 4
Bingham, 452. 2 Barr &. Adolph, 646.
The same rule was laid down in very clear
terms by Chief Justice Marshall in Billings
v. The Providence Bank, 4 Peters, 514.
In the Charles River Bridge v. The War
ren Bridge, 11 Peters, 521, it was placed
on grounds so impregnable by the present
Chief Justice of the Supreme Court of the
United Slates, that it is not probable we
will ever hear it seriously questioned again.
In this Court it has been often recognize,
ana, so lar as 1 know, never denied. 5ee
Easton Bank v. The Comm., 10 Burr. 442,
and the cases there cited.
Let it not be said that both parties in this
cause claim under the acts of incorporation,
and therefore both are equally affected by
the operation of this rule ; for though that
be true, one of them is beyond its reach.
The Susquehanna Company claims tinder
a charter which is free from all doubt or
ambiguity. It is not pretended that they
have not all the rights which they claim.
They are here, not defending their own
privileges, but seeking to restrain the exer
cise of those claimed by the Sunburv and
Erie Company. The great principles of
construction ruled in the Charles Kiver
Bridge case are, therefore, strongly in fa
vor of the plaintiffs.
Keeping this in mind, and remembering
that the supplement relied on is not only a
public grant, but a public grant winch se
against the company first incorporated, liously conflicts with a previous one, and
to construct a road from Sunbury to Harris
burg or Bridgeport, with a provision that
unless the work should be commenced three
call.
FfT Ten-Pins and Ten-Pin Balls mado to or
der or returned.
.... . r ,.t:.. Sr..l f
1 lie atlenuon OI vnouiei iiiasem unu .i.i-r..- ; .1 I i ,f,L- ... ,1, , '!,. -t ,.
tera is called lo our new style of TWIST ; yrais nuui me uaie u, w..a.".
MOULDING. Printer's Relets nt $1 per 100 , should be void ; that in pursuance of this
feet. W. O. H1CKOK. i Act of Incorporation large subscriptions
February 7, 1832 ly. )ave been made to the capital stock ol the
Company, letters patent have been issued
by the Governor, officers have been elect
cd, a corps of engineers employed, and an
exploratory survey made. Tho bill com
plains that the Sunbury and Erie Railroad,
under color of its charter and of a supple
ment passed in 1S52, claimed to have the
authority to make and construct a Railroad
over the same route, ami that the last men
tioned Company has actually begun the
construction of such a road, and entered
HARDWARE, CUTLERY AND GUNS
J'os 31 .V 33 Market Street,
PHILADELPHIA.
Till" subscrilH-rs would call the attention of
buyers to their stock of Hardware, consisting
of Tuble and Pocket Knives, Ciuus, Chains,
Locks, Hollowtire, &c. &c. We would recom
mend to all, our
Endless Chain I'tinips,
a new article now getting into general use which
r. :..l. I,.... nt nl t ...i I...W (l,u
e Call lUrillMI lum ikil- hi niniui uire i.t.i. . j i ...
price paid for the old style Pumps, also a new nr- "pon toe grounu surveyeu uy tue company
tide of Janus 1-ncc Door l.o U, each to "which the plaintill belong, and is at this
Lock suited either for right or left hand doors, time prosecuting its work. These acts and
with mineral or white knobs. doings are avowed lo be contrary to equity
Our stock of Otitis U l.ro and well select- anJ , anj wilhout any aJ.
Ind ft7a makeC All goods can be 'returned Uthprily whatever in the Charter under
if not found to be as represented. Country mer- which the Sunbury and hue Kailroad Lorn
chants would do well to call on us befurc pur- pan y pretends to he acting. The relief
chasing elsewhere. i prayed for is an injunction. This bill hav-
Wheelwrights and carnage makers supplied ;nti,ei.n f,e() a preliminary injunction is
with goods .uitoMo ltorhwyrMMS on q t)e defeldaI)ls lrom
So. 31 & 33 Market Street, Philadelphia. I proceeding further until the cause is de
February, 21, 1852. 6mo. j cided.
- ,7 'i Thu motion is resisted on the grounds:
WM. McCARTY, Bookseller, Is( That lh(. p;,,,; being corporator
Bitotim tv, sr.nntY, ivi. , )ave no lQ BU,S t.itn(?r al )aw or U)
n AS just received and for sale, Purdon. Vi. pqu;lv ,.xct.pt by their corporate name.
gestofthelaw.ofPennsylvan,a,ed.Uo.,of 2l( .r., 1(vey of Suntmry and
'"uo-e'Radsdition'of Blackstone, Commen- Erie Riilroad Company was made before
tariea,iti 3 vols. 8 vo. formerly sold at $10,00, the issuirg of letters patent by the Govrr
and now offered (in fresh binding) at the low nor to the Susquehanna Railroad Company j
price of $0,00. and 3.1. That the 9th section ol the suppie-
A Treatise on the law. of Pennsylvania re- mpit (o ((e tleft.niiants' charter, passed the
.pectiug ,;o,s1f0,occcJl',',s by lllm" ' , 27th of March, 1S52, gives to the Sunbury
Kossuth and'thc Hungarian war : con.prising 1 and Erie Company the right to extend its
a complete history of the late strugule for freedom road from S'Jtibury, by the valley of the
of that country, with notices of the leading chiefs ; Susquehanna, to such point on the Penn
and statesmen, who distinguished themselves in ! gVva1ja Railroad as they may deem expe-
council and m Hie field, containing .bh pages oi , , anJ lereore the actg a)j dows
WKmlZ t of ,h7uni,cd complained of are not usurpations, but fully
States with a portrait, printed on broadcast, aou uiiiuuu-u oy iaw
put on rollers after the manner of maps, price
only 50 cent. Washington's farewell adJress,
uniform atyle with the above.
February, SI, I85S. tt.
Alden'f Condensed Reports of Peima-
JUST Published, and for sale by the subscri
berthe StconU Vulunu of Aldcn'a Con
densed Pennsylvania Reports, containing the
last three volume of Veales" Reports, and two
first volumes of Binney's Reports. The first vol
ume of Alden, containing Dallas' Reports, 4 vol
umes; and Yeates' Reports, volume 1, is also on
hand, and for sale. The above two volumes are
complete within themselves, and contain all of
Dallas' Report, 4 volumes, and all of Yeates'
Reports, 4 volumes, besides the two first volumes
of Binney'a Report. ' The third volume is ready
nd will be put 10 press iinmcoiaieiy.
H. B. MASSER, Agent.
Sunbury, Aug. 16, 1851.
"WANTED" TO BORROW
TWELVE HUNDRED DOLLARS in two
sum of si i hundred dollars each, (or which
food free-hold security will be given. AdJress
M W.
Bunbury, Feb. 88, 1852. tf.
Ijjjf Boureau's celebrated ink, and also Cone-re
ink lor Ml, wholesale and retail by
D.cewttr 81, 1650. H B MASSER.
The nlaintills have a right to amend
their bill by changing the name. For that
purpose a motion has been made, and is now
pending. If, therefore, it be true that a
final iniunction cannot be decreed on the
bill as it now stands, the objection would
not avail to prevent the preliminary injunction.
There does not appear to have been any
tardiness in the organization ol the isusque
hanna Company. There is nothing in the
lapse of time which intervened between
the act of incorporation and the issuing of
letters-patent, to loTleit the corporate ngnts
o-ranted to the company, or to divest the
stockholders'of the privileges which the
charier was intended to confer. The acts
done and threatened to be done by the de-
fenHants. are. therefore, as much against
law as if they had all been committed alter
ih letiers-natent were issued. Unless these
acts can be justified in some other way, this
will ba DO vXCUSe.
The strain of the case It on the construc
tion of that section in the eupplement, to
the defendant' set of incorpor.tion, which
is xi'i on as jiving thm th privilege to
whose stock, subscribed in confidence on
the good faith ol the S'.ate, would be greatly
reduced in value, and perhaps rendered
worthless. This would be such a violation
of justice that no one would expect to see
perpetrated by the representatives of a peo
ple who love the right and hate the wrong,
like those ol Pennsylvania. The improba
bility that the rival corporations were in
tended by the General Assembly to be
clothed with equal power to make the same
road along the same route, is infinitely
increased, wheu we find that no pro
vision is made, for settling in any legal
way the innumerable disputes which in that
case must necessarily aiise between them.
We assume that it is practicable to make
both roads, and practicable it doubtless is,
at least in that sense in which anything is
practicable by those who have the command
of very large means, and are willing to use
them unsparingly. Nevertheless the choice
of the best location, especially in the nar
row parts of the valley, or where the river
washes the foot of the mountains, may be
of such immense value to the party which
gets it, that it would be fiercely contested
for. How is such a contest to be -settled 1
Shall it be determined by the wager of bat
tle? Or in what other form sha: the ap
peal to force be made? The wisdom of the
State has furnished no law to settle it but
by the law ol the strongest. The struggle
would not cease with the survey, and when
the building of the two roads would bring
thither thousands of excitable men, the pro
bability of violence and bloodshed would
be very great. Supposing the road to be
made, and the cars and locomotives ol the
respective companies to lie running side bv
side, and sometimes crossing eac h other's
track, what hope could be entertained that
they would regard each other's conveni
ence and interest in such a manner as to
keep the peace and avoid collisions danger
ous to property and life? Certainly the
least desirable of all things would be two
railroads thus lying together, interfering
with each other, and conducted by rival
and hostile companies. The most extrava
gant and wasteful expenditure of capital
which can well be conceived of, would be
that of the millions which, according to the
defendants' opinion, the Legislature meant
to have thrown away on this double enter-
prize.
Perhaps it has never been heard of be
fore that any legyeitive body in this Union,
or elsewhere in the civilized world, has
created such a difficulty in the prosecution
ol internal improvements, or adopted any
measure so full fraught as this would be with
impolicy, wrong and peril. These consid
erations are sufficient to induce a careful
examination of the statute before we adopt
the construction contended for. When the
Legislature means to invade previously
vested rights, to disregard the public inter
est and endanger the peace of the Common
wealth, us intention must be expressed in
lerms free from all ambiguity.
One argument has been used by the de
fendants' counsel which at first seemed not
to be without weight. It was contended
that the purpose of the second law was to
give Philadelphia the advantages to which
she was fully entitled, and to prevent Bal
timore from competing with her. It is
natural and commendable in the Legisla
ture lo euard the interests of our commer
cial metropolis, and perhaps not less so to
feel some jealousy ot a rival city. If there
fore, the Susquehanna Company's charter
is likely to benefit Baltimore and injure
Philadelphia; this would have been a very
eood reason tor retusine it at the beginning
But, being granted, and the everttou to its
is, in its nature, purpose and object, such a
one as no Legislature would be likely to
make we come to examine the ninth sec
tion of the supplement to the defendant's
charter, which is as follows :
"That the said company shall have power
to construct lateral and branch roads from
the line of iheii road, at, southward or'east
ward, from Williamsport, to intersect any
other railroads by means ot which the said
company may bo enabled to form connec
tions with the ciiy of Philadelphia by way
of the valley of the Schuylkill ; or, as here
inafter provided, by way of Ihe valley of
grants, totally independent of and unconnec
ted with each other. Why should one in
dependent grant be lackeJ as a proviso upon
another 1
But this is not all. The section says
they may construct laleral and branch roads,
and lorm connections wilh Philadelphia by
way of the Susquehanna as hereinafter provi
ded Now these last words must point to
some mode of making the road ot forming the
connection, for that i the thiny to bo done
as hereinafter provided. And to satisfy this
call wo are directed to the first proviso,
which points out no mode of exercising the
power at all. It declares ihat any toad
through that valley shall bo subjected to a
tax. And is a lax imposed oy law upon
road when made, to be called a mode or
miinner of constructing branch roads or ma
king const ructions 1 The defendant's con
struction misreads the body of the section
by assigning an improper meaning to the
words, "as hereinafter provided j" it mis
reads the first proviso by disregarding the
word "any," and declaring that a tax is t0
be paid, not on any road, but only on one
mado within two years; and it misreads Ihe
last provisio by tearing it entirely from the
rest of the section to which it properly be
longs. When the meaning which the defen
dants would assign to tho section is expres
sed in words it will read somewhat ihus :
"The Sunbury and Erio Company may dis
regard the tights and privileges herelofore
vested in the Susquehanna Company, and
construct a road as soon as they think pro
per, by the valley of the Susquehanna, in
tho following manner, Ihat is to say any
road, no matter when made, or by whom,
shall be subject to a tax ; and further any
road shall not be subject to a tax, it being
the legislative will that no tax tdiall be im
posed on the road to be made by the Sunbu
ry nnd Ei io Company, if the Susquehanna
Company shall not nlso construct a road by
the same route." We cannot read it thus
without doing violence to the language nnd
ntitlins Ihe cominonsense of the Legislature
lo open shame
I am well aware that this minute ciiiicism
upon words nnd sentences is not the way lo
make a statute plain. My only reason for it
is found in Ihe vast amount of ingenuity ex
pended on it in the arguments of counsel -But
after all, the bcsl argument is to hold up
the law and let it speak for itself. The
broadest, plainest and most natural view we
can lake of it, is the one which brings us
soonest to the truth. The majority of the
Court have no sort of doubt that we are bound
lo regard the claim of the defendants as wholly
unsus'ained.
We are not dealing wilh legislative grants
wich conflict, but we are deciding between
two demands of a right, to whirb one parly
has a title, and the other not. The consii'ii-
the Susquehanna: Provided, That on an v tional question, whether the LegWuiure would
' - I . .... . i . l . I e
have a right to atunorize ine inamij: in u
second road, does not arise, because no such
authority has been given. When nn inter
ference with the rights of a railroad company,
like the one complained of here, iaalloaeiher
without authority of law, we think the injur
ed corporation has a fight to all the relief
which equity can give.
1 w ill close by briefly recapitulating. It
is very improbable that the Legislature in
tended these two companies to make two
roads over the same ground. The right of
the Susquehanna Company is plainly grant
ed, nnd is not denied. The supplement to
the Sunbury and Erie Company must be
road that may be made between Sunbury
and Harrisburg, the same tax be and is here
by imposed, as is now or may hereafter be
imposed by law, on Ihe Susquehanna Kail
Road. And provided further, That if the
Susquehanna Rail Road Company shall fail
to put that portion of the lino of their road
under contract between Bridgeport and Sun
bury, wilhin one year from the passage of
this net, and complete the same within two
years thereafter, then, and in that case, the
Sunbury and Erie Rail Road Company is
hereby authorized to extend their road fiom
Sunbury, by the valley of the Susquehanna,
to connect wilh ihe Pennsylvania Rail Road
nt such point as may be deemed most expe
dient by the said company, on Ihe same
terms and conditions that lliey are now
nuthoiized to construct the main line uf their
road between Sunbury and Erie."
That the last of these two provisions does
not couple a condition with the powers gran
ted lo the Sur.bury and Kiie Company, of
extending their road by the Susquehanna, is
so plain that an attempt to piove it would be
a mere waste of words. That the privilege
is only to be exercised if Ihe Susquehanna
Company fail lo complete its woik within a
certain limn, and' shall only proceed with
the extension "then and in Ihat case" is
wholly undeniable. Shall we tieat this pro
viso as nugatory and mcauingless Y Shall
we Btrike it from the statute and give it no
attention 1 Certainly not. Yet how can we
say that the power claimed is given with
out condition, unless we eliminate Ihe words
which impose the condition ? We cannot
consider the section in detached pails. We
must take it as a whole. All of it is consist
ent, and if it were not, that would not help
the defendants' argument, for the rule in
cases of irreconcilable repugnancy is to let
the last part and not the first determine the
meaning of the law-giver. At the head of
the section the Company is authorized to
form connections with Philadelphia by way
of the valley of the Susquehanna. How t
As hereinafter ptovided. And then follow
ihe two provisions, one imposing a lax and
ihe other fixing the time when they may
oegin. tsotn ihese provisions are, one a
much as the oiher, drawn ur to and connec
leifwith the grant, and made pari and pur.
eel of the grant by Ihe words "as hereinafter
provided." What is hereinafter provided t
That the right shall be exercised it' the
other Company fail is as much hereinafter
provided, as it is hereinafter provided that a
tax shall be laid on any roid that may be
made. But it is argued that the power is
given in the body of the section, coupled
only w ilh the condition in the first provisoi
and that the second proviso is a new grant
of the same cower upoa new conditions.
.This fore us to tele why iwo separate
construed stictly, not only because irat is
the rule for all public grants, but because
this particular grant cannot be supposed to
have been intended. But while the stiictest
construction is the only proper one, no inter
nretalion could be latiuidinary or loose
enough to give it ihe meaning which the de
fendants insist-upon. The Susquehanna
Company have the right to make the ro.nl
provided ihey commence and finish it with
in the time limited by law, and the Sunbury
and Erie Company have no authority given
them for that purpose, unless the other com
pany shall fail.
Aim now, to wit, on the 27th day of July,
1852, on reading the bill of complaint, and
affidavits filed in this cause, and on argument
of counsel for bolh parties, the Court order
that Ihe Sunbury and Erie Railroad company,
and all and every of its officers, agents, work.
men and servants, be strictly and finally en
joined and commanded, that Ihey do ubso.
lutely ceaso and desist Irom all turlticr pro
secution of the work, and from all the acts
and doings complained of in said bill, until
the final nearing and determination of this
cause, and ihat a writ of injunction be issued,
nun iha ntaintifl eivinff bond in the sum of
SP1000, according to the statute in such case
made. .
Joet RoBtNson, tiik Boatman. Robinson,
the fearless boatman, who rescued Ihe fish
erman, on Monday 26lh inM., says the BulT-
lo Commercial Advertiser, from the rapids
above the Horse Shoe Falls, at Niagara, is
ihe same gallant fellow who saved the car
penter, a few years ago, who fell from Goat
Island Bfidgo, and was carried by the lorrent
lo a small Island near ihe Hog's Back, above
the American Fall. No other man but Ro
binson dated undertake the fearful task, and
no other man but him, in all probability,
could have sucoecded so well. With his
strong arms and steady snerves he guided
bis frail bark among the foaming rapids, and
look away the despairing man fiom the very
verge of ibe cataract. It was a bold and
daring act, but not perfoirced la the spirit of
daring and foolhardincti
ROYAL TlflER MUST.
"I had hunted the lion and Ihe jaguar, or
tiger-cat of America. 1 had equally chased
the Africa lion, and 1 would, for once at
least, find myself in the presence of the
liger of Mindoatan. Our pnrty consisted of
fivo Europeans three Englishmen, one
Irishman, and myself (French) besides four
Malay, two Sepoys, and eight dogs,of which
Ihey spoke wonders. The heat was scorch
ing, without a breath of air. In India, when
once you have made preparation for a peiil
oiis expedition, you can no lunger be inter
ested in "smaller game." Good bullels,
sharp harpoons, spears, tho best of temper
ed sabres, would bo vety little uso lo you
against Ihe Bengalees and the joyous clouds
of birds of the most varied and brilliant plu
mage which vocslise in the air, yon leave
them al liberty, respect thorn even in theit
sleep ; and that is the reason, probably,
which makes them so familiar and tame in
their incessant evolutions. A powerful mo
tive, however, compels you lo respect ihem,
above all when you are at some distance
from a plantation ; the report of your gun
would not alone awaken these vast and im
posing solitudes ; tinder the bushes in Ihe
vicinity, near to the muddy marshes and
swamps, repose (he lion, sleeps the tigcrt
and for such visitors your arms should ever
be in a state of readiness. At mid-day we
came to a halt nt the delightful residence of
Dr. Macqttarie, whom we found low-spirited
but who, nevertheless, gave us a warm re
ception. The pievious evening, a panther
had leaped the wall enclosing his lodge, and
carried oflfaud devoured the son of a Malay,
his servant, while sleeping in ils cot. The
wall was thirteen English feet in height, and
the leap of the furious beast must have been
confined and difficult still more by a ditch
on Ihe other side." (Here a sudden tornado
peculiar to the East, overtakes the party,
and compel them to remain over night.)
' On ihe following morning, before break of
day, we were on the march, reinforced by
the brother and sister of the devoured Malay,
who would be revenged of the panther or
the tiger. The dogs in front kept close to
us, as if feaiful of the approaching danger.
By the advice of our guiles, wo quickly
passed through a thick wood, nnd arriving
at a clear and extensive plain, sealed our
selves to lake brenklast. Thu tiger did not
leave lis much leisure. On ils fitst and nw
ful roar the dogs, which they had told us
was so courageous, slunk behind ns, their
tails between their legs, and looking heie
and there, with the most stupid fright ex
pressed in their faces, neither whip, nor
blows wilh the gun, nor menaces, nor ca
resses, would conquer them, so we resolved
to pass them by. A second roar, shorter
nnd louder, told us the tiger was approach-ii-g
We looked at our priming, and await
el him for battle ; the Malay three paces in
advance, his sister by his side, bolh armed
with a pistol nud an iron Itaiid-harpoon. Be
hold him in our presence ! Mme beauti
fully striped than the zebra, snorting, aston
ished much more than frightened at our
presence immovable at fitst. putting forth
deafening and profound roars, raising his
furry eyelids, licking his half-opened lips
wilh a rough and red tongue. He was mag
nificeut to behold. We advanced towards
him some steps, he made some towards us ;
and all at once, as if they were ashamed of
their pusillanimity, the dogs without being
set on, came and placed themselves in our
Iron:, close together, impatient, but silent
At sight of t tie dogs the tiger became furious
he no longer regarded us, his fiist victims
were to bo ilia dog?, who dated to brave
and await him . They advanced together at
first, then divided, and attacked the funi
culus beast, in front, behind, and on the
llauks. Tho tiger fixed his eye on the most I
bold among ihem ; he gave a spring, nud in
an instant ho had otic enemy the less, Ihe
dog's entmils were strewed on the ground
by a single piessure of the beast's jaws
We wished to assit ihe others, who had run
back some steps, but the Malay, by a sign
of the hand, intimated thai it was not time
to act yet ; he w ished us all lo return home
in safety. His sister showed admirable sang
froid and inliepidity ; in her vigorous hands
she held the sharp-pointed harpoon, and I
rematked that her yellow complexions grad
ually assumed a red or bright copper tint
The field of battle now became more con.
fined, not exceeding fifty paces at most ; our
enemy was sorrounded by twenty within
this space. At a signal fiom the Malay '.he
dogs flew on all al once ; the tiger roared,
bounded like Ihe boaconslrictor, and crushed
one dog after another, and although bleed
ing in every part was still as furious and
menacing as ever. All the dogs were put
hors du combat ; the only three alive still
seemed lo implore the Malay, who advan
ced, and we followed a bullet is discharged
ihe liger roars, attempts to spring, but falls
to the ground like an aerolyte ," the young
girl advances and lances her harpoon, which
penetrates his body ; he attempts lo retreat,
but the moie he moves Ihe more the deadly
weapon entei Ins (h'sh. A general dis
ch.tigo of our lilies brought his end to a
'dead certainty. ' We had relumed half-way
home, when the two Malays, who piecced-
eJ us, uttered a loud shriek. We hastened
our steps, and soon found these two unfortu
nates stretched on tho ground, and kissing
with transport part of a human body. It
was a portion of the head and throat of their
younger brother, which Ihey recognized
fiom it alight scar on the loiehead,"---.-flo.
STEPHEN ALLEN.
The following memoranda or slip was
found in the pocket book of the late Stephen
Allen, ex-M.yor of New Yo.k, who was om
of tho victims of the lalo disaster of the
steamer Henry Clay. Mr. Allen was suiter,
sally esteemed for hi benevolence, useful,
ness and his integrity of chuiactcr.
"Keep good company or none. Never lo
idle. If your hands cannot be usefully em
ployed, attend to the cultivation of jour
mind. Always speak the truth. Make few
promises. Live up to your engagements.
Keep your own secrets, if you have any.
When you speak to a person, look him in
the face. Good company and good conver
sation are the very sinew s of virtue. Good
character is above all things else. Your
character cannot be essentially injured ex
cept by your own acts. If any one speaks
ill of you, let your life be so that none will
believo him. Drink no kind of intoxicating
liquors. Ever live (misfortunes excepted,)
wilhin your income. When you retire to
bed, think over what you have been doing
during the day. Make no haste to be rich,
if you would prosper. Small and steady
gains give competency with tranquillity of
mind. Never play at any kind of game ot
chance. Avoid temptation ; through fear
you may not withstand it. Earn money be
fore you spend it. Never run in debt unless
you see a way to get out ogaiu. Never bor
row, if you can possibly avoid it. Do not
marry until you are able to support a wife.
Never speak evil of any one. Be just be
fore you are generous. Keep yourself inno
cent, if you would bo happy. Save w hen
you are young lo spend when you are old.
Read over the above maxims al least once a
week."
Advance in New si-ir-m Printing. Just
thirty-seven years ago, the proprietor of Iha
London Times inserted in his paper a trium
phant :iotice of its first impression by steam.
"Tho reader of this paragraph," he said,
"now holds in his hand one of the many
thousand copies of the Times newspaper
w hich were taken off last night by a me
chanical apparatus. No less than
eleven hundred sheets were impressed iti
one hour," Eleven hundred in an hour ! Pro
digious! At this rale, and with its present
circulation, the Times would take just thirty
live hours lo print. Wilh the machinery now
in use, twelve thousand conies nn hour ara
possible; ten thousand are actually produced
within that time. Truly we are the spoiled
children of progress, the very Sybarites of
speed. The Italian voluptuary murmured at
a ciumpled roseleaf ; we complain if the Eu.
ropean news of yesterday is not punctually
upon our breakfast table.
What it the worst kind cf fare for a rem
to live ea : Warfare,
Gerrit Smith, who went bail for Chaplin
the Abolitionist, w ho was arrested a year or
so ago, in Maryland, while attempting to
cany off some negroes, is complaining of
the expense this case has been to him. Ha
is called upon lo pay $6000, to indemnify
the bail in Washington, and remits S200U,
trusting that others will make tip the differ
ence. He says he paid S 10.000 to indemni
fy Chaplin's bail in Maryland. Meddling
improperly with the affairs of neighbors is
very apt to turn out an expensive piece of
business.
A Preachfr in no matter whero obser
ved, ono day, that a striking proof of tho
wisdom and benevolence of Piovidenco was
giving in placing death at the end of life
thus giving one lime fot preparation. This
was almost as profound a remaik as that of
another person, who thought "it was lucky
that Sunday was placed at the cud uf the
week, instead of in the middle, which wcuM
have made a brolen week of it."
The lightning acts queedy "down-east. '
Al Williamsbuig, Me , on Friday, it knock
ed down three women, tore a gown sleeve,
and a shoe upon the foot, all to pieces, a.
bonnet all lo flitters, broke and melted a
watch in Ihe pocket, smashed all the glass
in a room, and then rushed out of a chimney.
At the commencement of the Ohio Fe
male College, nt College Hill, hear Cinciu.
uati, on Thursday ihe 29th inst.. the degreo
of Mistress of Arts was conferred on ihe e.
nior class, consisting of seven young ladies
The whole uumber of students during th.,
last term was 102.
Absoubed in Business. Some men devota
themselves so exclusively to their business
as to almost entirely neglect their domcsllo
a i ill social relations. A gentleman of this
class having failed, was asked what he in.
tended to do. "I am going home to ge c
qnainted with my wife and children1" ssij
he.
'La, Mt !' said Mrs. Partington, on read'ng
in Ihe papers that Jenny Lind had a ftllou
feeling in her bosom for ihe suffering and op.
pressed of all nations, ll was jest so with mo
when I was a gal ! Her companions fainted,
w hile tho old lady re-djuied her specs.
Tun Era before Penny Prras The
first newspaper published in Virginia cost
fifty dollars a year. It w as published weekly
and adveitiseuients were inserted for ten dol.
lars the first week, and seven dollars for each
week after.
'Well, mother, the foundations cf ihe great
deep are broken up al last.'
'What do jiu mean, Tommy V
'My trosnrtirj have got a hjle in 'eui tba-'j
, whit I fritur.'