Era H mot JPHILA-DELVECIA., MOISTDA.Y, FEBEUAEY 2G, 18G6. VOL. V. No 49. DOUBLE SHEET-THREE CENTS. MEXICO INTERESTING FROM THE RIO GRANDE MOVEMENTS OF GEN. SHERIDAN. The Fight Between the Liberal Gene rals Canalcs and Cortlnas. Murders and Eobberics near Browns ville Iia-w less State of the Rio Grande. , ., Reported Liberal Reverses in the ' Vicinity of Monterey. Imperial Reinforcements En Route to the City. Mysterious Firmer Across the Bio Grande from the Mexican Side. X2tO XQtO.. Etc.. jBtOn EtO. ARRIVAL AND DEPASTURE OF GENERALS BHEBIDAN AND COMSTOCK. Santiago, Texas, February 12. General Sheri dan arrived here yesterday morning from New Orleans on the steamer Alabama. lie imme diately rtarted for White's Runche by a special train tor the purpose of consulting with General Wright. After remaining about three hours at the tatter's headquarters, closely closeted with General Wright during the whole time, General Sheridan returned to Braz.cs, and immediately left for New Orleans on the steamship Crescent. The exact nature of the interview is not as vet publicly known, but there is no doubt but that the late troubles on the Rio Grande.culminating in the capture of Bagdad, were the cause of the General's hasty visit here. General Comstock, of Gcnnral Grant's staff, arrived here the day previous on the steamer Crescent on otiiclal business, and .proceeded at once to Brownsville. He returned yesterday, and leave? for New Orleans on the same steamer with General Sheridan. The Matamoras Kancttfro of the 10th inst. has the following: "There are strone reasons to believe that the distinguished commander of the Federal forces on the Rio Grande of the Department of Texas, in fact is disposed to hold in check the outlaws who have for three parts of a year held undis puted sway on that side of the 'river. Added to a mind of more than ordinary power, he has a personal character to keep him above the cess pool into which too many betore him fell. The victims of assassination falling thick and fast around admonish hint of the work of bis prede cessors, and into how dirty a state of affairs he has become, perhaps unconsciously, embroiled. The road before the General, however, is broad enough for him to travel without danger of j marring his epaulets. Be lifts spoken thus far I like a man of purpose; but let hlui do the best he j can, it will only be the work of locking the stable after the horse has been stolen." I And the same journal savs on the fith in plant: ''We mentioned yesterday that General ' f-heridan refused to allow a boat to leave New j Orleans with emigrants for Mexico. Since then we have conversed with several perform who j were on hoard the vessel at the time she was 1 stopped. General Sheridan gave no reason for 1 not allowing the emigrants to leave; and only said that the women and children could go, but that the men could not. ' FIGDT BETWEEN THE FORCES OF COB TINAS AND CAMAI.ES. A f ght took place a day or two ago about 20 miles above Matamoras, on the Mexican side, be tween the forces of the Liberal chiefs Cortinas and Can ales, resulting, it is feared, in several killed and wounded on both sides. Cortinas was defeated. The full particulars of the affray have not yet reached hore. Kumors. however, are plenty. I say that the figtit took place on the Mexican side, as the forces of these partisan leaders have heretofore crossed and recrossod the Kio Grande at pleasure. The conse- quenco is that outrages, robbery, and even mur der have been committed to an alarming extent on the American side of the frontier, as well as on the Mexican fide, and efforts are now being made to efiectually rid the Texas side of these pests, so that Americans can travel on their own soil without the danger of having their throats cut by their Mexican friend. The military authorities at Brownsville have done all in their power to arrest the guilty parties and bring them to justice, but have never prohibited the Liberals lroru visiting this side whenever they thought proper to do so. With the consent of the military, the citizens have determined to clear them out of the country, by organizing themselves in a body for this purpose, under the leadership of Colonel John 8. Ford, formerly Rebel Commissioner of Paroles. , MURDERS NEAB BE JWNSVILLE. To prove to your readers how dangerous it is to travel In this part of the country, 1 will relate an incident or tw o which have occurred in this neighborhood during the past few days: Nathaniel Windsor, a private of Company C, 4th Wisconsin Cavalry, and Herman Burmistier, Esq., of the well-known firm of Drocya. Oelllnar & Co., of Matamoras, left Brownsville for Brazos Santiago; the former with cespatches from Gene ral Weitzel to General Clarke in relation to the Bagdad Military Com misbton, the latter a witness betore that Commission. These men were both waylaid, lassoed, murdered, and robbed. Wind sor's despatches were probably the principal cause why he was waylaid, while Burmistier was evidently assassinated for booty and, may be, revenge. The remains of both the poor fellows were discovered by a scout named Miller, sent out tor that purpose. Windsor, the bearer of despatches, was found hanging by the neck from a tree near the road, end not more than seven miles from Brow nsville. The villains w ho murdered him bad stripped the body of all the clothing with the exception of the shirt. Mr. Burmistier's body was found rabout two miles further on. It had been also hung upon a tree and stripped ot everything, but through de composition bad fallen to the ground, where it burst, presenting a horrible spectacle. Both Windsor and Mr. Burmistier were mounted when they left Brownsville. In a previous letter I stated that three United States officers were attacked and shot when only three miles from Brownnville. Captain Morey, who was shot through the lungs, is still alive. Captain Cook is recovering. No further clue towards the discovery of the murderers has beea found. ' Lieutenant Lorenty, of the 116th United States Colored troops, was waylaid and robbed a few night since in Brownsville, lie fortunately escaped with his life, after being escorted half a wile bevond the town. Betore the robbers left him, however, they cuj off hi heuUer-ttrape, The Great Railroad Controversy. Decision In Favor of the Pennsyl vania Hailroad Company. Important Opinion hy Justice Bead. Sufrkm Court at Nibi Prius in Equity Justice Bead. The Philadelphia and Erie Rail road Company and the Pennsylvania Railroad Company vs. The Catawissa Railroad Company, the Atlantio and Great Western Railroad Com pany, and the Philadelphia and Reading Rail road Company. This morning Justice Read de livered the opinion in the above cose, which on lta argument was very fully reported In our columns. The magnitude of the question in volved, ana the importance ot the great interests at stake, both to our citizens and to the city itself, have created a feeling of deep interest, and the general im portance of the cause itself, as well as the learning and ability of the counsel engaged in discussioi-, have everywhere attracted attention to its it. For the Philadelphia and Erie and the Pennsylvania Rallrofd Companies Theodore Cuy lrr and Chas. Gibbons, Esqs., appeared, while the companies defendant were represented by Hon. Jeremiah S. Black, Hon. Robert J. Walker, George W. Biddlo, Esq., Alexander Henry, Esq., George M. Wharton, Esq., Judge Church, W. Hay ward Drayton, and Franklin 0. Go wen, Esqs. The decision of the Court is in favor of the complainants', end the opinion is as follows: Sctbbmb Court of Pennsylvania in and for thb Easter?" District. January Term, 1806. In equity. The Philadelphia and Erie Railroad Company and the Pennsylvania Railroad Com pany vs, The Catawissa Railroad Company and The Western Central Railroad Company o"f Pennsylvania, and The Atlantio and Great West era Railway Company ot the States of Ohio, New York, and Pennsylvania. Andrew Scott vs. the same. Read, J. The ral question in this case is whether the railroads of the Atlantic and Great Western Railway Company and the Philadelphia and Erie Railroad Company are connecting roads within the meaning of the Acts ot Assembly of the 13th March, 1817, the 20th March, 1859, and the 23d April, 1861; for, if they are such con necting roads, then the first-named road is con nected by means of an intervening railroad with the Catawissa Railroad, which is unquestionably directly connected with the road of the Phila delphia and Erie Railroad Company. The road of the Atlantic and Great Western intersects the Philadelphia and Erie Road at Corry, in the county of Erie. Does it connect as well as inlerseot f The one has a guage of six tect, and the other of lour feet eight and a half inches. The one runs across the State, and by means of connectine roads forms a through line from New York to Dayton, Ohio, with further western connections, whil-t tne other road is entirely on Pennsylvania sou, ana connects the city and harbor of Erie with the city and port of Philadelphia, the commercial metropolis of the State. There is necessarily a break of guage at Corry, and the cars and locomotives of one road cannot run upon the other road. This is a phy sical impossibility, as the two roads are now constructed and are proved to the Court to exist at the present moment. If all the rolling stock of one road were by an accident destroyed, or withdrawn, the remaining road could not operate it with their rolling stock, although perfectly willlug te supply the wants of the Intersecting road. There can therefore be, and there is not, any mechanical connection between the two roads. But as the opinions of eminent engineers on both sides have been laid before us as to their understanding of the terms "connecting" rail roads or roads "directly or by means of inter vening railroads connected with each other," it becomes necessary to look into the history of the railroad system generally, and particularly of that ol this State. The Liverpool and Manchester Railway, planned and executed by George Stephenson, was opened thirty-six years ago with steam loco motive power, brought into successful operation oy inc genius ana bkiji mi mis aisunguisnea en gineer. The gauge of this road was filtv-six and a half inches, being that ot the coal roads then in use. Three years aiterwaras parliament aut&o rized the construction of a railwayfrom London to BirmiDgham. This railway was of the same euugo, and built by the same engineers; aud has since grown into the London and Northwest ern Railway, with 1224 miles of road, on which have been expended over fifty-two mlllious of pounds sterling, and of whose management and operations a most interesting account is given in the Quarter'.y Eevieio tor December, 1848. The half-yearly dividend of this road for the first half ot 1805 was three per cent. The scheme for the Great Western Railway, running from the city f Bristol to London, originated with the corporation of the first named place, and its principal merchants in 1832, and was encouraged by the commercial establishments in Irelaud and Wales transacting business with either, or both of those cities. The act of incorporation was obtained on the 31st of August, 1835, and Mr. J. Kinadom Brunei, who had made the preliminary surveys, was elected as the engineer, and under his advice the guage of seven leet or eighty four inches was adopted. This was recommended by him originally, on the ground that the country would eventually be divided into railway districts, each of which would bo served by one company, and that as each disirlct would have but little direct com munication with the others, a variation or break of gauge would be no inconvenience; that the west of England would form one of those dis trictsa district in which the traffic would be chiefly passenger traffic that this traffic would be be most satisfactorily conducted by one or two very large trains daily. On roads where the curves were more frequent and sharp, and the mercantile traffic bore a larger propor tion to the passenger than on the western, Mr. Brunei admitted that a narrow gauge might bo more advantageously use. A lew years later he raid-"It can have no connection with any other of the main lines.andthe principal branches were well considered, and almost formed part of the original plan, nor can these be dependent oa anv other existing lines for the traffic, which they wiil bring to the main trunk, and the commer cial isolation of this exceptional system was therefore contemplated and designed by the en gineer and directors." This line, therefore, dis sociated Itself from the general railway system of England, and wherever the two gauges ap proached each other occasioned, or course, a break of gauge, and a transshipment of passen gers and baggage, and also of freight, whether dead or alive. In 1846 there were about 2100 miles of railway in England in operation, of which 1860 miles were of the narrow gauge of 6CJ inches, and 240 ot the broad guage of 64 inches. I'M magnitude of the nuisance was admitted, and after a discus sion in the House of Commons, Mr. Cobdeu moved for the appointment of a commission, and the House subsequently unanimously voted am address "praying her Majesty to be graciously pleased to issue a commission to Inquire whether la future private acta for the con struction of railways, provision ought to be made for securing a untfoim guage. and a Commission wat accordingly appointed of Sir F. Smith, Professor Barlow, and Professor Airy, who made their report in January, 1846. PMtT-six witnesses were examined, including engineers, locomotive manufacturers, managers, secretaries, aud carrier. Four employes of the Great Western were in favor of the broad guage, four were opposed to break ot guage, but gave no opinion about width of guage; three were for Intermediate guage, with no opinion as to uni formity; Ave were for intermediate guage theo retically; against broad guage, and was favora ble to uniformity and thirty tor uniformity and a narrow guage. They considered the improve ments already made had obviated all the diffi culties which the narrow gringo formerly pre sented. The Commission recommended "that the guage of four feet eitrht inches and a halt be declared by the Legislature to be the guage to be used in all public railway! now under con struction, or hereafter to be constructed, in Great Britain." Parliament did not make It compulsory, but established by the act of 9 and 10 Vict. (18 August, 1846) (with certain exceptions), the guage of four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland, and prohibited lhe alteration of the guage ot any railway tor the conveyance of pas sengers. Certain railways, Including the Great Western, using the guage ot seven feet, and cer tain others using a mixed guage, were amoug the exceptions. The mixed guage of that day consisted ot adding to the narrow guage a single outside rail, or introducing a single rail between the rails of the brgad guage. (16 Jurist 443.) The great convenience ot entire uniformity of guage in the course of a few years became so obvious that Parliament finally determined, in 1864, that the narrow guage of 60$ inches should be the standard and only guage in England and Scotland, with the exceptional broad guage of 84 inches and a permitted mixture of both. The 33d section 'of the Railways Constitution Facilities act ol 27 and 28 Victoria, o. 121 (29th July, 1864), enacted that "Every railway made under this act in England or Scotland shall be mndc on the gauge of lour leet eight inches and half an inch, unless in any case the certificate provides the making of the railway on the gauge of sevpn feet, or on both those gauges." , 'Every railway made under this act in Ire land shall be made on thegaugo of five feetthreo inches." The experience of Great Britain, with all Us lines of railway leading to one great central point, London, has settled into an approvul of one uniiorm narrow gang', with a permitted deviation to avoid a destruction of existing pro perty to oue broad gauge of seven feet, with a mixture of gauees intended to remedy the evil occasioned by the unwise, short-sighted, aggres sive, and expensive policy of Mr. Brunei and his associates aud followers. i- Ihe continent has profited by the dear bought knowledge and experience of England, aud France, Belgium, the Germanic States and Italy have adopted the uniform narrow gauge of 66 Inches. ' The mixed gauge in England proves clearly that the narrow gMige cannot be interior in real railway power to the broad gauge for passenger goods and mmeial traffic, aud in all but passen ger traffic it is acknowledged by tne latest authorities to be superior lor the carriage of ii eight of all kinds. . It is much less expensive in construction, and ot course in keeping in repair, and the introduc tion of another line of rails on the broad gauge system, to enable them to use the narrow gauge carriaees upon It, increases the cost of the road, and the iron used fcr that purpose on a double track broad gauge road would lay a third track for the road, which, on some roads, must soon be done in that country, to -accommodate the constantly increasing railway business: for it is now becoming a question whether there shall not be separate tracks lor passengers and for goods and mineral traffic, classed by us as lreipht. Whenever this becomes necessary then the superior advantages of the uniiorm narrow gauge will be self-evident in the diminished width of roadway, of bridges, embankments, deep cuttings and tunnels, and the decreased cost of the foundation and superstructure, and of the rolling stock of the railway. More than twenty years ago an exceptional gauge of five feet had been introduced on one load, but when it reached a narrow gauge road tne inconvenience ot break ot gauge was found, and its engineer changed it to the uniform nar row gauge of 66 inches, saying, "The locomo tive of tuls day is not the locomotive of 1836; for all the purposes for which railways can be wanted there is addi tional space to crowd iu as much power, and more than can ever be commercially beneficial. A boy may now with facility clean an engine in an hour, which would formerly take a man a day." Another eminent engineer said, "I think the absolute necessity of txteud ing railways, now that every road is to have a railway, rather goes to show that it is not wise to make these railways of very large dimen sions," and particularly with reference to ex tension by branches to every town and every village. warnings of experienced engineers had no effect upon Mn Brunei, a man of magniricent ideas, carried out not only on that road, but la the steamship Great Eustern, and on the Atmos pherio Railway, the two last of which were entire failures at a vast cost to the unfortunate proprietors, who were led away by his engineer ing eloquence. His examinations before com mittees oi the House of Commons evinced STeat readiness, ability, aud tact and excellent temper. The stocif. holders, or, to use the English pbraze. the shareholders, of the Great Western, according to their published reports, have suf fered greatly, in a pecuniary point of view, for their persistent determination to retain posses sion oi the coast of England by their exceptional gauge, and to separate themselves from the general railway system of the country. They have.f hewever, been forced at last, by the im possibility of sustaining this contest wlthont an entire cessation of dividends, to become the virtual proprietors of narrow gauge roads, and introduce the mixed gauge upon large rortioas ot their liue. "The Great Western." Liiays a leading Railway Journal, "is now an much a narrow as a broad gauge railway. The Great Western own at present not only considerable lengths of purely narrow gauge railway, but they have laid . the narrow inbide the broad, lorruing a mixed gauge on a large portion of their system." They have nearly as many narrow gauge as bread engines, and they are adding to the narrow gauce engines in proportion of three to one of the broad. The narrow gauge carriages and wagons tar outnumber the broad gauge, aud the narrow gauge carriages and wagons were in reused in 1864 in the proportion of 824 to 11 . of broad gauge; and the advice tendered to them by the same lournal was gradually to chanae the railway into a narrow gauge road by the introduction of the third rail, and not renewing the outer rail or the broad gauge, but let them gradually wear out. The narrow gauge ts greatlv preferable tor goods and mineial traffic, and nearly, if not equal, for passenger traffic. The journalist also advised a suspension of dividends for three or four half year, as an economical method of providing money, and at the sixtieth half-yearly meeting In September last, the dividend declared was one per ceat., and the stock in December was quoted at 61J. I have anaexed te this opinion extracts from the proceedings of that meeting, and from the Haikoad Journal. The South Wales part of the Great Western terminates at Milford Haven, the point selected by one of the learned counsel for the defendant es the en tern terminus of the proposed steam ship line from this port. The South Wales line furnishes the best steam and fair burning coal, in relation tt which the Chaimaaof the Great Western Company said to the shareholders, "The mineral trade from South Wales, especially in steam coal, was largely diminished by tho sudden cessation of the demand for blockade runners." , - It is, therefore, the Indisputable result of Brithh experience, first, that the narrow gauge la preferable to the broad gauge, not ocly on the core of commercial convenience, but for IU . upeilor economy In making, and working; second, that thai there should be an entirely uniiorm gauge over the whole railway system oil the country; and third, that thera should, of course, be no break ot gange. . '. Ia a State like Pennvlvanta, crossed and inter spersed by chains ot hills and mountains, whrro the passes are few and narrow, there can be no doubt that the only permissible guage should bo the uniform narrow gauge of four feet eight and a half inches, originally fixed and adopted by the State upon tte Colom bia Road, which regulated that ot the Pennsyl vania Railroad, the Philadelphia and Erie, Northern Centril, Catawissa, Philadelphia and Reading, Lebanon Valley, North Pennsylvania, Philadelphia, Wilmington, and Baltimore, Ger mantown and Nornstown, and the West Chester Roads, all lending to and connected with the city of Philadelphia, now covering 130 square miles of territory, with ,a population of more than &C0.LC0 souls. The State of New York in 1824 had nearly completed their canal from Lake Erie to the Hudson, which, with tho Northern Canal, con necting Lake Champlain with the same river, had formed their system of State internal Im provement. In October, 1823, the Erie Canal was finished, and on the 4th of November, the first canal boat arrived at New York from Buf falo. In 1836, ten years afterwards, the enlarae ment ot the canal with double locks was com menced. In lb 26 a company was incorporated to construct a railway from Schenectady to Albany, and other companies were chartered from 1833 to 1836 to form conneetlng roads, v. hih in 1861 were consolidated and formed the New York Central Railroad Company. In 1824 the first canal commissioners in this State were appointed, who recommended a canal from Philadelphia to Pittsburg, with a tunnel ot four miles through the Allegheny Mountains. In 1826 a new board ot canal commissioners, consisting of five persons, was appointed, and the law authorizing the first board was repealed. By this second act the routes to be examined to the north and west started lrom the city of Philadelphia, and both the Western routes extended to Lake Erie, f-o as to connect its waters with those of the Delaware. Out of this grew our system of State Internal Improvement by canal and slack water. It was soon found necesstiry to substi tute a railroad for a canal between the Schuyl kill and the Susquehanna, and the Portage road lor the Allegheny tunncL Our mistake was in supposing that because New York bad constructed a continuous caial, through a nearly level country, during a period when the price of labor was low. that we could effect the same obiect at a similar expense in a State crossed by ranges ot mountains, and with a currency giadually expanding, and of course increasing the cost of labor and materials. So imperfect was the communication between Philadelphia and Pittsburg, that, in 1846, the Pennsylvania Railroad was incorporated to construct a railway lrom Harrisburg to Pitts burg, so as to firm, with the Harris burg and Columbia Roads, a continuous railway between these two point). To the stock of this road what is now the citv of Philadelphia subscribed five millions of dol lars, the county of Allegheny ene million, and the citizens of Philadelphia '(business men and operatives depending upon their daily labor for support) subscribed the balance thai was then deemed necessary to make the road. It was, in fact, a Philadelphia enterprise, deemed abso lutely necessary lor its business connections with the interior aud the West, and it was nn deitaken at a period when we were Just begin ning to recover from one of those financial col lapses to which we have been periodically sub jected. By the purchase oi the main line of the public wqrks from the State in 1850, this company be came tho owners of the entire route from Phila delphia to Pittsburg, and wete enabled to build and complete a double track, first-class road, connecting the waters of the Ohio with those of the Delaware. The tracks on the Columbia Railroad were moved furtoer apart, so as to admit wider cars, lor it was the original fault of this road, and of the Reading road, that the two tracki were brought too close together. The Harrisburg Road was improved; aud the Portage Road and all inclined piaues and stationary engines were dispensed with. It connects with Cincinnati by the Steuben ville route, crossing the Ohio bv one of the most extensive and magniticent iron bridges iu the world; and by other roads with Cleveland, ' PMftAcm fit TT.ftnia a-nH ihn irront Waal- Thua the great trade of the West passes into the two great cities of the State, Pittsburg and Phila delphia, and iheace by the connecting railway now building, the Philadelphia and Trenmn. and Jersey roads to New York, without any transshipment whatever. t During the late Rebellion the Pennrylvanla Railroad became the great route for the trans portation of troops and munitions to and from the West and Southwest, and upon three days' notice, could have furnished at Philadelphia, Baltimore, or Pittsburg, accommodations and cars lor the transportation of an army of 60,000 men from one point to the other in twenty-four hours, with all their equipments and munitions of war. I believe this to be correct, for lu 1802 (and their capacity is now greatly increased) it was atcertained by the agent of the Camden and Aid boy Company, that they could transport from Philadelphia to New York in twenty-lour hours, by their roads and canal, an army of 1(10,010 men, witn all their equipments and mu nitions of war. They were never called upon to transport more than 8000 men in one day, and this was done in from five to seven hours, with out interrupting their ordinary travel. Besides the transportation of tho heavy guns manufactured at tort Pitt Works, they carried iIia klrt mUnAk v 1 1 -i 4fli.n4v.Hna ...... li.w. n.Aink. ing 110,400 pounds, and Throwing a solid shot of luuu pounds, on cars specialty constructed lor the purpose by the Pennsylvania Railroad Com pany, over their road to Harrisburg (248 miles), and thence by the Lebanon Valley, East Penn sylvania, Lehigh Valley, and New Jersey Cen tral Roads to Elizabethport, New Jens?, a total distance ef 419 miles, without; chantre or trans shipment, or break of gauue. l or the Main Line the company gave the State $7,610,000, which was increased In 1861 by the commutation tor tne tonnage tax. and tliey in creased the annual ray m outs to $400,000, which would extinguish the whole debt in 1800. The amount still due the State is $6,700,000, secured by bonds which are a lien upon the Main Line. The city of Philadelphia holds 103,342 shares, equal at par to $5,107,000, being $167,000 more than her original investment, besides having received t?2, 610,000 in cash, or it equivalent, over six per cent, on the original subscription. Kvury original stockholder who is still one, has always received six per cent, interest tor his money, besides the ordinary and extra dividends above that percentage. The improvements already made and which are still progressing oa the west bank of the Schuylkill, the Junction Road, the iron bridge over tne Scbnylkili, the grain elevator, and the wharves en the Delaware, attest tie public spirit and enterprise of a company which has added so largely te the wealth and prosperity of my native city. The city of Philadelphia has a moaey interest in this road ot $5,167,000, and the State of Penn sylvania of $6,700,000, making a total of $11,867,000. The Bunbury gnd Erie Railroad Coopaij wm Incorporated by an act of Assembly of tho 3d of April, 1837, to survey and fix a route tor a rail wav from Hnnburv, bvthe way of Northumber land and Willlameport, to the harbor of Erie. Is 1838 and 1839 an exploration and survey were made by it, and in 1851 the Eastern and Western invipions ot tne road were agam surveyed, ana In 1F62 a great effort was made to infuse vitality into the corporation. - under tne provisions ot an act oi 2d Marcn, 1862. an attempt was made by the company to extend their road to Harrisburg, which was de feated by a decision af the Supreme Court, show ing a prior right in what is now the Northern unuKi ltHiiroad company (racKer vs. Biiuoury nd Erie Railroad Company. 8 Norrls, 211). Under an act of the loth February of the same year, authorizing municipal and other corpora tions to subscribe to it6 stock, subfenptions were sought from Philadelphia and Erie, and other counties and boroughs on the route of the road, and upon a favorable report from a Committee ot Councils who visited Erie, the City of Phila delphia subscribed two millions ot dollars. The District of Richmond subscribed $250,fH)0, which, upon consolidation, merged into that of the city. The county ot Erie subscribed $200,000, and the City of Ene $300,000, and these, with some individual subtcriptions, fornr.ed the capital on which operations were commenced, and in 1856 a very able Biard found forty miles of road in good running order from bunbury to Williamsport, and upwards of two hundred miles under contract. By 8n act of 21st ot April, 168, the State sold to the Sunbury and Erie Railroad Company, for $3,600,100, all the public works of the Common wealth remaining unsold upon certain terms, w hich .ct the Supreme Court decided to be con stitutional. (Sunbury and Erie Railroad Com pany vs. Cooper, 9 Casey, 278.) By the act or 13th April, 18C0, and of March, 1861, the indebtedness to the Commonwealth was substantially changed into a second mortgage, for four millions ot dollars were deposited in the State sinking-lund, the name of the Com hiny was altered to ttat ot the PhiladelDhia and ?ie Railroad Company, and they were autho lized to contract with auy other railroad com pany in the State , in relation to the completion and work it g of the road. Accordingly, on the 6th of January, 1802, a contract, and a lease and contract, were entered into between the Philadelphia and Ene Railroad Company and the Pennsylvania Railroad Com pany, by which the first-named Company leased their road to the second-named Company for the Term of nine hundred a ad ninety-uine years. The whole subject is admirably explained la the opinion of my brother Strong, in Gratz vs. the two companies, 6 Wright, 447, nffirmmg the con stitutionality of the act of March, 1801, and 1he validity ol the contracts by the two com panies. The trains commenced running through on the 17th October, 1864, although the road was incomplete in its equipments. These two roads therefore have carried out by land-cairiuge the original intentions of the framers of the act of 1825, to connect the city of Philadelphia with Pittsburg and Lake Erie by the main line aud west brancn canals. In this Road the State has four millions of dollars, the City of Philadelphia two million twe hundred and fifty thousand dollars, aud the city and county of Erie five hundred thou sand dollars, and both roads are Pennsylvania enterprises, pouring the trade and comnieice of the W est ducctty into the lap of the commercial metropolis of the State. The Central Railroad of New York, from Albany to Buffalo, has 4 leet 84 inches guage, aud I be lieve the roads north ot it, and east ot the Hud son, including the New England States, have the same uniiorm euace. with the exception ot the road from Portland, joining the Grand Trunk of Canada, whicn nas tne uanaaian guage oi o loot 6 inches. The ordinary gauge In New Jersey is 4 feet 10 inches, but the New Jersey Central has the 4 feet 8-inch guage, with a third rail to accom modate the Delaware, Lackawanna, aud Wef tcru. By Improvements in machinery the cars ot tne narrow guago can run upon the New Jersev roads. The New York and Erie Road waa planned as far back aa 1832, and ttie purpose was to construct a railroad 4roni New York to Lake Erie, through the southern tier of counties, entirely upon New York soil, and the Company was restricted from connecting with, any railroad either of the State of Pennsylvania or New Jersey, or leading into either of the said States, without the consent of tho Legis lature ot the State ol New York on pain of for feiting the powers and privileges conferred upon it. The road was commenced at Pied mont, on the west bank of the Hudsnn river, near lhe New Jersey State line, and after fruit less efforts to find an available liuo without pasting through Pennsylvania, tney wore allowed to construct their road through Susque hanna and Pike counties by two acts of Assem bly, passed the 16th February, 1841, and 26.li March, 1846. In a similar way, it becoming necessary to secure a terminus opposite the city of New York, instead of depending upon steamboats from P cd mont, by various leases and contracts with New Jersey Railroad Companies, sanctioned by the Legislature of that State, they were euabled to secure a terminus on the west bank of the Hud ton, at Jersey City, In one ot these agreements it is expressly stated that the object of laying one rail on each side of the present tracks of the road ot the Mf w Jersey Railroad and Transportation Company, so as to form -in conjunction with one rail of each track, two tracks ot nvo, leet wide, is tor the purpose of enabling the New York and Erie Railroad Company to run tne cars and engines id the said company from their road at Sutl'erlus, aero P8 New Jersey, until at or near the Hudson river at Jersey City, without change, ,deiay, or oustrveiioti. Under a decree of foreclosure of a mortgasre executed by the said company, a sale sanctioned by acts of the Legislatures of New York, New Jersey, and Pennsylvania, all the property and franchises of the New York and Erie Raihoad Company became vested in the present Erie Rail way Company. Tne guage of this road is six feet, aa excep tional one not used in England nor in Canada, and in very few instances in the United States. It occupied the whole southern line of the State of New York, and no road north or south of it, whether in New York, New Jersey, or Pennsyl vania, could mechanically connect with it, ex cept oue of the same guage, thus practically rclueing all such connection with all the roads previously constructed In thone States. Instead, theielore, of the New York Central connecting by auy inlervenirg road with the Erie, they are entirely disconnected, tor the cars and engines ot one road cannot run upon the other. The Erie Road ls.therelore, an aggressive road, preventing all communication with and through it of the roads on each side, which can only in tersect and not connect with it, there being no accommodation for the narrow gauge line If, for instance, you have freight from Albany to Rochester designed for Avon, Genesee, Mount morris, or any southern point, theie If an entire break of gauge and transhipment at Rochester, which would have been entirely unne cessary if all the roads ol the State were narrow gauge roads, and entire uni formity of gauge had prevailed. In England the New York Central has been compared to the London and Northwestern Railway, and the Erie to the Great Western, the effects ot whose broad-rauge policy we have already seen The effect of this has been to make our coal roads (for which the narrow gauge is peculiarly, fitted) connecting with it, such as the Blossburg and Delaware, Lackawanna, and Western, ex pensive roads of ix foot gauge, with a corres pondingly expensive rolling stock and equip ments. Uader these distinct charters from the States of New Yvrk, Pemuylvania, a&4 Ohio, the mala line of the Atlantic and Great Western com menceS at a junction with the Erie Railway ac Salamanca, 414 miles from New York, and runs In a southwesterly oiroction 388 miles to Day ton, Ohio. I have not been furnished with the New York charter, ana only with the the third section of the Ohio char ter,, and I have not the dates of eithor, and 1 do not know their provisions. The charter of the Atlantic and Great Western Railroad Com pany of Pennsylvania, is to bo found in lour Acts M Assembly, or 20th May, 1857, (P. L. 801); lth April, 1868, (P. L. 800r); 10th March. 1859, (P. L. 125); and 22d March, 1865, (P. L. 640); and the length of the road in this Stato is 8d miles. The main line (which Is a single line) at Day ton connects with a railroad to Cincinnati, a narrow gauge road, which has put down a broad gaugo "straddle" track (rails on either sido ot narrow rautre rails), to accommodate the Atlan tic and Grtat Western traffic. It theie joins the Ohio and Mississippi Railroad (broad gauge), termtnatiBg at St. JOuls. tin the report of Mr. Forbes (who was sent to this country to itspect the rood) to the London Board ot Control ot the Atlantic and Great Western Railway, on the 23d of November last, he eajs: By means of the three associated Companies, the New York and Erie, the Atlantic and Great Western, and the Ohio and Miad'sippi, a new and unbroken commuuicatlon, 1200 miles in length, on the six toot gauge, has beea opened between New York, Cincinnati, and St. Louis, and between the Atlantic seaboard and the Ohio and MLgsisfctppt rivers.'1 Amongst the branches of the main lino, as appears by the New York certificates of consoli dation, there is a separate corporation called the Buffalo Extension of the Atlantio and Great Western Railway Company, who are construct ing a road from Randolph, near Salamanca, to Eufialo, of the six foot guae. L London Board of Control : The Atlantio and Great Western being built by English capital and controlled In London, it was stated at the) same meeting of boud and shareholders in No vember by the President of the London Beard of Control. "We are met here to day for friendly explanations. "1 iclt it my duty when I took the position of Chairman ot the London Board of Control to require certain things to be doao. The first waa that all money should be sent over to London, that we might know what we earned, that is, lorty per cent, ol the receipts." It is not, there--fore, singulur that tho principal information as to this road is to be gleaned Ircm English rail road Journals. The road is spoken ot as feeding the Kiie with great udUttioual traffic to New York, and it is said "under the circumstances it is no; surprisini: to leavn that the Erie Company, which will doul'tless derive a great benefit friux" the Atlantic and Orertt JWestcrn, has engaged to supply rolling ttock to iho amount of five mil lions of dollars for the purpose of tho through traffic between New YorK and Cincinnati," and -this engagement "is being faithfully and ener getically fulfilled by that lEric) Company, and the road is said to be "promoted by a nuuibcr of leading Englinhmen," a techulcal term in Eng land designating the planners or orlginatora ol a company.'- ' In addition to the report of Mr. Forbes to tha : London Board of Comrol, there was also a de tailed report on the 2th ot May last by Mr. Moscley, an English Engineer, sent out to in spect the road. An enthusiastic gentleman at tho November meeting, said, "It was the interest of every gentleman In tbe room to promote emigration, to the tar West upon a very large scale, as their traffic would be increased by adJitiou to the population. The more English people went over there the better. The people in the great Weft would understand how newsary a freo trade was to their advantage and develop ment. Every Euglishman was a mi&siouary of Free Trade." Tho Ohio Atlantic and Great Western Com- fany. at a meeting of their Stockholders on tha nth September, 1865. adopted the ioiut consoli dation movement fie same was done the same day by the Pennsylvania Conu-auy, and the two New York Companies lolloped uit, on the 14ta and 16th of the same uionin. Certificates were produced from tha Secreta ries of State of tho Stales of Ohio and New York, of the Cling ot the agreement or a copy in their respective offices, Jbut nouo from tho Secretary ot the Commonwealth of this Slate, but in lieu thereof a letter from him declining to file it, adding, "by the advice of the Attorney-General, Mf. Meredith," and I have thereloro no evidence ot the existence of the new corporation. The necessity of the filing to create tho new corpora tion is distinctly recognized in the certificate or agreement of consolidation itself. The act ot the State ot Ohio is entitled "Aa Act to authorize tho Consolidation of Rnllroad Companies of States aUjoiuLue, in certain cases, and to authorize vRuilroad Companies in thitt tute to extend their roads into adjoining States," and was passed 10th April, 1850 (53 vol. P. Laws, p. 143). This act authorized any railroad company ia the State whose lino of road extended to the boundary line oi the State, or to any point either in or out ot this State, to consolidate its capital slock wi'h the stock of any railroad in an adjoin ing State, the line of whose road has been made "to the same point and where the several roads se unite as to form a continuous line tor the passage of cars: Provided that roads running to the bank of any' river which t not bridged shall be held to be continuous under this act." Thia act would authorize a consolidation wi'h a Pcnasylvania road, but not with a New York road. Our act which was the subect of an unplea sant investigation, which has cast a shade of suspicion over it, was passed at the instance of the Atlantio and Great Weetern, and is a general law applicable to all companies embraced within its teams. TLere are words omitted in it-s first section which makes nonsense of it; but suppos ing it to mean the consolidation of the capital stock of a Pennsylvania Railroud Company with similar corapauiea In other States, "whonever tbe two or moie railroads of the companies or corporations so to be tconsollduted shall, or may lorm a continuous hue of railroad with each, other, or by mcaus ot any intervening ra lroad. Provided, That railroads termiiniting on the banks of any river which are, or may b-j con-' nccted by lerry or .otherwise, shall be deemed continuous under this act." Tho interpretation of "any intervening reuroad" was intended to include the Buffalo Extension. This act would authorize consolidation with the Ohio and New York companies, if the follow ing proviso, contemplating thepissage of similar general laws by the States taking advunta?e of it. was complied with: "And provided further, That nothing in this act contained, shall be taken to authorize the consolidation of anv com pany or corporation of this Commonwealth with that of any ctkftr State whose laws shall not authorize tbe.like consolidation." I can have to douotof the intent'on of the Legislature who were dealing with our sister States upon terms of entire reciprocity. Our act was passed 24th March, 1805 (P. Laws, p. 49). On the 20th April, 1x05, the Legislature of New York passed, not a general law, but a private special act to authonze the consolidation of The Atlantio and Great Western Railroad Company, in New York, and the Buflalo Extension of the Atlantio and Great West em Railway Company with certain other Railroad companies. This act is expre sly confined to the mergor of the two New York companies, and although the words are general as to the companies in other States with whom they may consolidate, yet the description of their lorm lug a centiauous line ef railroad tits only the two reads ef the same same in Pennsylvania and Ohio, which, with the New York road, form the mala line of the Atlantio and Great Western Railway. Br the New York: act our general law ia degraded iat a private Continued on ft MyM ri t