The evening telegraph. (Philadelphia [Pa.]) 1864-1918, February 26, 1866, FOURTH EDITION, Image 1

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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