8
Continued from the First rage."
act, for a company whose name was studiously
kept out of view. This 1b a sort of Canadian
reciprocity. itU the benefit on one side.
But tt this view be correct, still the Pennsylva
nia Charter ot the Atlantic and Great Western
Company remains, and we have it before us. ..
The Littlo Schuylkill Railroad Company was
lacorporated by an act ot 81st March, 1831 (P.
Laws, p. 169). Ia 1819 its name was changed to
the Catawissa, WiUlamsport, and Erie Railroad
Company. By an act or 21st March, 18G0 (P.
Laws, p. 234), and a ludicial sale of the said
railroad, the whole became vested in a new
'company called the Catawissa Railroad Com
pany, which Company, by an act of 10th April,
1861, was permitted to mor'gage its road for
$250,000 (P. Laws, 1862, p. 397).
On the Slst of October, 1860, the Sunbnry and
Erie Railroad Company entered into an agree
ment with the Catawissa Railroad Company,
whose road extended from Tamaqua to Milton,
theoblectof which was that the Banbury and
Erie should furnish sufficient motive power to
hanl over their own road between Milton and
Williamsport all the passenger, express, and
bageage cars of the Catawissa road to and from
Williamsport, upon certain terms and conditions
there mentioned, and this agreement was to
continue in force for twenty years. This ayree
roent paaned to the Philadelphia and Erie, and
the Pennsylvania Railroad Compaay, under
their contract and lease.
In th.B state ot affairs, on the 1st Novembsr,
1865, the Catawissa Railroad Company of the
first part made a contract and lease with the
Western Central Railroad Company of Pennsyl
Tama and the Atlantic and Great Western Rail
way Company of the States of Ohio, New York,
and Pennsylvania oi the second part, by which
the party ot the first part leased to the party of
the second part their road and property for the
term oi 9U9 rears.
The legality therefore of this contract and
lease depends upon the construction of the three
Acts ol Aesembly referred to in the commence
ment of this opinion. The first is "An act in
reference to running of locomotive engines and
care on connecting railroads," of the 13th
ol March, 1847 (P. Laws, 337), which enacts
that in all cases where two railroads in this
Commonwealth are or shall be connected, it
shall be lawful for the company owning either
of the said railroads (with the consent of the
company owning the other of the said rail
roads, to rim its cars and locomotive en
gines upon said other railroad, and to erect
"water stations and other buildings for the due
accommodation of the cars and engines em
ployed thereon. Provided, that nothing herein
contained BhRll bo construed or interpreted to
release or exonerate any company owning a
railroad from the obligation and duty which may
be imposed by existing laws of transporting,
subject to the rales and regulations of said com
panies, by locomotive steam engines, the cars,
whether loaded or empty, of all persons and
companies who may require such transportation,
over and along to much and such parts of their
railroad as locomotive steam engines, shall be
run upon, whether they bo run by the company
wning the road, or by any other company.
This act clearly contemplates mechanical con
nection, for the roads then were all four feet
eiglit and a bait inch narrow gauee roads, which
fitted into each other, so as to form practically
but one road. That this was the true meaning
Is 3im j t-e eignta section of a supplement
to the act incorporate the Sunburv and Erie,
passed 27th March 1852 (P. Laws, 188) (Act 27th
March, 152), which provides "That the said
Company may run their ctrs and locomotives
upon the said road aad its branches, and over
any other railroad which at any time may con
nect, either directlv or by means of other rail
roads, therewith in such manner as may form
complete railroad connections between the citiea
of Philadelphia and Erie," clearly intending an
actual mechanical connection, and not a mere
business connection.
The act ot March 29, 1859 (P. L., 290), ia a
supplement to an act in reference to running of
locomotives and cars on connecting railroads,
approved March 13, 1847, and it enacts that that
act ehall be so construed as to authorize com
panies owning any connecting railroads in the
State of Pennsylvania to enter into any leases
and contracts with each other in respect to the
use, management, and working of their several
railroads. Provided that tho company so con
tracting for or leasing any such railroad may
have the right to fix the tolls thereon, but not
at a higher rate than Is authorized by the charter
of either of the said raiiroad companies.
This also undonbtcdly means mechanical con
nection, for it merely enlarges the powers of the
roads included within tbe terms of the original
act. But there might be an intervening road
connected mechanically wiih both roads, and
the roads at either end could not contract with
each other because not connectlug directly, and
this occasioned the last act of 23d April, 1861 (act
of 23d April, 1861), entitled "an act relating to
certain corporations" (P. Laws, p. 410), to pro
Tide for this case, and to e stand the powers of
such connecting loads.
It enacts "that it shall and may be lawful for
any Railroad Company created by and existing
under the laws of this Commonwealth from
time to time to purchase and hold the stock
and bonds, or either, of any railroad company
or companies, chartered by, or of which the
road or roads is or are authorized to
extend intos, this Commonwealth and it
shall bo lawlukjor any railroad companies to
enter into contracts for, the use or lease of any
other railroads upon such terms as may be
agreed upon with thecompany or cotnpanie
owning the same, and to run use, and operate
each roads in accordance with such contract or
leae; provided that tlie roads of the companies
so contracting or leasing shall be directly or by
means of intervening railroads, connected with
each other.
The word "connected" has in this law the
same meaning as in the two preceding laws. If
you leave out the interposed words, and read it
"'directly connected with each other," this is
beyond doubt, and the interposed words must
receive the same construction. The effect is,
that if there is an intervening railroad, It and
the other roads at either end must all be me
chanically connected, which can only be when
the gauge of all the roads is tbe same, so that
the same cars and locomotives may be run ovor
nil of them without change, obstruction, or
delay.
In considering the evils of a break of caugo,
we not only have the positive evidence of our
senses, but the opinion of a very able eeatlemun
a former President of one of the defendants'
"The immense and decided superiority," said he
"of the Sunbury and Erie route over the others,
in consequence Of its freedom from the necossity
of frequent transhipments, will not bo suftl
ciently appreciated by those not familiar with
railroad trufjic and a change of one, ton of mer
chandise trom one car to another is abiut equal
to the cost of transporting it fifty miles;" what
would be its practical effects upon n ton ot coal?
Tho nnt r1 I'nmrvoau nf tn 3d if Mnmli 1Qi."4
to establish the gauge of the Pacific Railroad
anu us Drancnes, nas enaciea, "mat tne gauee
of the PuciHc Railroad and its branches through
out their whole extent, from the Pacific coast to
the Missouri, shall be and herebv is established
at four feet eight and one-half inches," a
most wise and prudent measure, which should
De lollowea by the btate and tbe gere
ral Government in sanctioning any future rail
roads, and the exceptional guae of four feet ten
Inches, should be reduced to tbe standard guaee
ol the country. The advantage of a uniform gauge
such as that of the Pad lie Railroad, over the
whole of the United State', would be Incalcula
ble both in peace and war, as the tame locomo
tives and cars could bo used on every road in the
Union.
t I cannot undei stand how a six feet guage road
rnnning through our State, and crossing a nar
row guage road, with which it mechanically
cannot connect, can be callod a connecting road.
I am therelore of opiuionj that the Atlantic and
Great Western Railroad Companv, and the Cata--wissa
Railroad Company are not "directly, or by
means of intervenine railroads connected with
each other," and, of course, that their agree
ment, of the 1st of November, 1866, is entirely
nun ana voiu.
But supposing this to be the case, it is said
that the con-mlainauts are not entitled to take
advantage of its Invalidity, because they have
no uch interest as enables thou to apply to a
THE DAILY EVENING TELEGRAPH. PHIL
Conrt of Eqnlty for the exercise of its equitable
powers.
In Andrew Scott's bill ngninst tho defendants,
it wts sworn on their part, that he was not a
stockholder in the consolidated company, but he
exhibited a certificate of stock showing he was a
bolder of twelve shares In the Atlantio and Great
Western Railroad Company, the Pennsylvania
corporation, and tbe only one I can recoirntze.
It was then the ordinary esse of a shareholder in
a company asking the interposition of a Court
of Equity, to restrain the commission of acts
which were ultra vires. I thought this was settled
in the case of Fanfbra vs. Railroad Company, 12
Harris, 378, where the plaintiff was the bolder of
only ten shares, and wa the member of a rival
Express Company, and had purchased the stoctc
for the purpose of filing the bill. It was held
there that the contract made by the Railroad
Company was against law and void, and it was
ordered to be cancelled, and delivered np. In
the case of Gratz v. Pennsylvania Railroad and
Philadelphia and Erie Railroad Companies (5
Wright, 442), the suit was by a single share
holder, brought to restrain acts alleged to be
ultra vires.
As several cases in England have been cited
by (the defeadants, aad the question has been
argued at length, I shall consider them briefly,
to seo whether we have bean In error in Penn
sylvania. In Sparks ys. Southwestern Railway
Company, 1 Small fc Gifferd, 142, Vice-Chancellor
Stuart, on the 14th of January, 1853, held
that the plaintiffs having been aware of the
intention to construct the line, and not having
applied with diligence, the court would not
grant the Injunction; and at page 166 be says:
T'Ko donbt it has been held iu several cases that
the mere fact that the plaintiffs are shareholders
in a rival company is no reason tor the court in
a proper case refusing its aid to prevent the
Violation of contracts.
"But where the fact is established that under
the pretecse of serving the interests of one Com
pany, the shareholders in a rival company by
purchasing shares for the purposes of litigation
can make this Court the instrument of detesting
or Injuring the Company into which they so in
trude themselves in order to raise questions and
disputes on matters as to which the other mem
bers of the company may be agreed, I cannot
consider that in such a cas,e it is the province of
the Court ordinarily to interfere." This is not
the case before us, taking the language in its
strongest sense.
In Rogers vr. Oxford, etc., Railway Company,
2 De Gex and Jones, C62, the bill was filed by a
cleik of a rival company, who had made him a
shareholder with a view solely to their own In
terests, and tbe case was beard and decided on
the merits against bim, the act complained of
rot beine ultra vires. Lord Justice Knight
Bruce enid : "But if on the legal point there is
room for doubt, the circumstances do not in my
judgment Tender imperative on me court to
act againtt the Company."
In Forrest vs. Manchester, Sheffield and Lin
colnshire Railway Coananv, 30 Bevan 40 (30th
May, lf61), where the plaintiff, who held 82 of
stock of the Railway Company, had an Interest
amounting to 3UU in a packet Company, whoso
profits were Interfered with by the excursion
traffic of the defendant, he was also a Director
ot the Packet Company, and the Directors
directed the institution of the suit, and indemnltiod
him against the costs. The Master of the Rolls
decided the case on the merits against the
plaintiff.
Unon anpeal Lord Chancellor Woodbury on
the 13th ot July, 1861, affirmed the decree of the
aiastcr of the koiis (2 Jurist, JS. K., 887) not
upon the ground taken below, but entirely
upon that of personal exception to the character
of the plaintiff as being the more puppet of the
packet company, who naa directed the institu
tion of the suit.
In Hare vs. London and Northwestern Rail
way Company (2 Johnson & Hemming, 80), Vice
Chancellor Wood, ou the 11th of June, 1861,
held the agreement complained cf was not ultra
vires, and it was queried whether the plaintiff as
a enarenoiaer in one company naa, witn iuti
knowledge, received profits under an agreement
between that compuny and others, can after
wards, on purchnsing shares in one of the other
companies parties to the agreement, sustain a
bill on behaif of all shareholders in such com
pany impeaching the agreement as ultra vires,
. . 1 1 1 r ii. iti 1. i
wore especially n n appears mm ue is renuy
suing in collusion with one of tho companies
parties to the agreement.
l nave siacea ruese cases in actau to Enow mat
the case before the court has no features in com
aon with them.
In the leading cases of Coleman vs. The East- J
ern Counties Railway Company,' 10 Bcvan ;
Lord Lancdale. on the 17fh November. 181G.
w here a plaintiff filed a bill in behalf of him-
sen ana otner stociciioiaers in a railway Rom
any, to restrain the Directors committing a
reach of trust, and it appeared that he was
suing at the institution of another rival com
pany, held that this circumstance was not of
itseii surncieni to prevent mm irom ODtair.ing a
special iniuction on the merits of the case.
in liagsuaw vs. tasiern union ltau way Rom
any (6 Railway and Canal cases, 152) Vice
Ihancellor Wleram and Lord Cheltenham held
that the holder of two scrip certificates might
maintain a bill against the Compauy.
L. Simpson vs. Westminster Palace Company
and Sir C. Wood (House ot Lords cases, 212),
the bill was by one individual, the holder ot
filty shares; and in Government A ttor-General
vs. the Great Northern Railway Company (2
Law Times Report. 6ri3), Vice-Chancellor Kin
dcrsley, said, p. C56, "A single shareholder, even
it 6i)'J out ot oou snarenoiuers agreed to carry on
a different business in addition to the rail
way business, and it was clearly for the
benefit of the company, and it it was .clear
that they had made ; enormous profits
from doing it, and were continuing to derive
those nrofits, a siuirle shareholder has a right to
pay That is not our contract among ourselves,
you shall not do it,' and he may come and get
an Injunction. I may here observe with refer
ence to some of the observations made by Mr.
Stevens, that it is perfectly immaterial what is
the motive of the party in coming.
"In the case or the Eastern counties, at tbe
Rolls, where the company were engaged in esta
blishing packets to trade from Harwich to the
Continent, I think a single individual, or one or
two individuals came, and it was proved to
demonstration that they were persons who had
actually bought their shares in the tail way com
pany for the purpose of preventing this, because
they belonged to some rival steaia packet
company. But the motive has nothing to do
with the matter; it is against law, it is against
the contract between the shareholders, and it is
against the contract which is made between tho
public and the company, when tbo company Is
incorporated for the purpose of carrying on their
business as railway carriers. It is therefore
illegal, and in effect, though not in terms, pro
hibited by the law to a railway company."
The whole of this opinion ts mot instructive
as to tho absolute necessity of the public good,
that these powerlul railway corporations should
bo kept strictly within the limits of their
charter. Everything bevona these limits is
prohibited, the very doctrine established by our
own Court.
In Hatterslev vs. The Earl of Shelburne (31
Law J., ch. 873), which was a suit by a tingle
shareholder, a railroad company had entered
In'o an agreement to lease their liue to auother
company, and tho upreament contained provi
sions which were legal, and others which were
ultra vires, but an application was to bs made to
Parliament for power to carry out such provi
sions as should be ultra vires. It was held in
thatcape bv the same learned Judge (38 July,
18(52), that as the njreement provided for a num
ber or things to lc aone, wnicn were an lor
the rurnose cf accomplishing a certain obiect
which waa u'tra vires, the parties had no
right by virtue ol that agreement, until they had
obtained the aiiihor.t of Parliament, 10 do even
those acts which, independently ot tbe agree'
nent. thev did not n-auirethe autboritv ot Par
lianiexit to do. "Bin I apprehend' said the
Vice Chancellor, p. R78, "it is pertectly clear,
that if there was in this agreement no provision
for an application to Parliament, so far as the
asfistunce of Parliament is roqaired, such an
agreement as tUw would be entirely ultra vires,
and illegal, and I think that according to the
Erirclpla of limn an vs. Rb fiord, lollowed as It
as been In otter ciwos, this court will not allow
anv of the acts w lil'-b are acreed to be done by
lhat illegal agreement, merely because inle-
pendently of the asToement some of these acts
might be done. I think that - principle is estab
lished, and It Is a principle which commonds
itself to one's sense of right and justice, that
although a Company may do a certain act inde
pendently that company is not to agree to do
mat act as part or a scries ana collection or acts
to be done lor the purpose of working out an
Illegal agreement.
fc.lt was oblected to the plaintiff that he was not
a bona fide plalatlff, bat intended simply to
subserve another company, but although the
v ice-Chancellor eaia ne oouia conceive air.
Hatterslev mav desire to favor the interests of
another oompaay, yet he considered blm enti
tled to maiutntn the suit. He was in fact a dis
carded contractor who had quarrelled with the
company he sought to enjoin.
in Hansen vs. ine maiana ureal western
(Ireland) Railway Company (82 Law J. C'h9
613), Vice-Chancellor Wood (3d June, 1863), on
a bill filed by shareholders, granted them relief
against the pets tf their directors which were
ultra tires: and In White vs. Cacrmarthen and
tfnl.M Ob!U. ilAm..n 141 T T f'U AQ
the same Jndge held (November 1, 1864) that
a suarenoiaer suing a company ana tae airec
tois for a breach of - trust must sue on
behalf of himself and the other shareholders.
The reason assigned by him is that "it
would be a most Improper arrangement to
allow a bill to be filed by one person with an in
tent that 300 or 400 shall be summoned in chrm
bers by notice of the decree being given, when
meiormsot tne court plainly auow a Din to be
filed by him on bohalf of himself and all other
shareholders. If the plaintiff Is right in saying that
it Is ultra tires, it does not signify whether all
the other persons wish it done or not. because
where it can be assumed to be for the benefit of
everybody, the party may sue on bohalf of him
self and all others, except the persons he charges
wun raisconauri."
The result of this examination of the authori
ties clearly shows that Andrew Scott had a clear
right to institute this suit in order that the com
pany in which be 1b a stockholder may be res-
trainca irora acts wnicn are illegal and ultra
tires.
Tie next question U. have the Philadelphia
and Erie Railroad Comnanv. and of course their
lessees, the Pennsylvania Railroad Company,
such an interest in the subject-matter of the con
troversy as entitles them to the interposition of
a Court of Equity in relation to the contract of
the 1st November, 1865, and the parties to it, tho
acfendants In ttose proceedingsT The Cata
wissa road Is a connecting road with the Phila
delphia and Erie, and under the acts of 13th
March, 1847, and 29th March, 1859, they are inti
mately connected by the contract of 31st Octo
ber, 1860, for a period of twenty years.
This contract embraces the running of the
locomotives and cars of the Catawissa uoon the
other road, and the use, management, and
working of these several roads, and was neces
sary for the successful management by the
Catawissa of tltrtr through line between Wil
linmspcit and IlitUadelphia. The contract of
the 1st of NovembtT last transferred all the right,
property, and franchises of tbe Catawissa
to the Western Central and the Atlantic
and Great Western, and left nothing to the
Catawissa but the shell of a corporation. This
contract is founded upon the hypothesis that the
uatawiesa ana the Atlantic ana Great Western
are connected with each other by meant of the
Philadelphia and Erie as an intervening railroad
a quettion in which that Company have a very
aecp interest.
As it is clear that the contract of tho 1st No
vember last, is illegal and void, and ultra vires
of all the parties to it, can it be said that the in
tervening road which has so important a con
tract with the Catawissa, has not a direct and
positive interest in preventing illegal acts by
Illegal assignees In relation to ibis contract and
the working of its road which can only be
effected by the restraining power of a Court of
cqunjt i cannot aouot iaai mis is sucn an
ir.fiu-eAi. ftfl a Court of Eauitvwill nrotect. nnr.
ticularly where the intervening road is not to be
nsed according to the intention of the Legisla
ture, but a new and hostile road is to be con
structed to connect with tbe leased road.
Tbe Atlantic and Great Western has no autho
rity to contract to build the railroad specified in
the contract, nor has the Western Central, for
by the Reading contract it was thought neces
sary to add another company to complete the
route, ana is is perfectly certatn that the cata
wissa had no authority to enter into such a con
tract which on all hands was ultra vires.
Hgrnpatb's Railway Journal, May, 18G5, page
383),ays: "A gentleman who takes a very active
part in railway affairs said sometime ago, at one
of the railway meetings, that the 'gauge' was
the Great Western's master evil. It is, however,
an evil that will be mastered. The great evil of
it, or rather of the adoption of two different
gauges in the country, was the expensive battle of
the gauges which was fonght some years ago, and
the interruption of traffic a break of gauge natu
rally causes, it it is desirable to ciiange the broad
into the narrow gauges all overtheGreat Western
system it can be aone gradually at no cost or
waste, or very little a broad can be easily
turned into a narrow guage bv the addition of
a single l ail inside, farming the mixed guage
broad aad narrow. But a mixed guage is
rather more expensive in maintenance than a
purely narrow guage. For mineral and su
burban traffic, and for railway extension, the
narrow is decidedly preferable to the broad
guugc. in our opinion it is a pity
the broad guage was ever Introduced
into South Wales,' and we think the
narrow should be as rapidly substituted lor the
broad there as can be conveniently aone. '
"The Great Western is now as much a
narrow as a broad gauge railway up to the end
ot lost January it had more goods engines on the
unilun iuoii vu ti.it? uii au uuv, vuw ico ?U3-
Eengcr engines of tbe broad gauge. Of goods and
pasbeneer engines the Company then owned
360 broad and3G7 narrow gauge engines, but
new engines are, we believe, being constructed
on the narrow guage. The number of carriages
ana wagons tbe company naa at the end ot Jan
uary last was 6797 broad guage, and 10,043 nar
row; so that here already the narrow guage
vehicles outnumber the broad. In the year from
January, 1864, to January, 1865, the Company
increased their broad guage engines by 11, and
their narrow by 36; their broad carriages and
wagons by 11, and their narrow by 821."
"By gradually reducing tbe area of the broad
gauge working, and confining it to those dis
tricts where the piosenger is the principal traffic
(and passengers fccdo to rather prefer the broad
gauge travelling to tho narrow gauge), the
change may be effected without the warto ot car
nage, a truck or a rail for tho purpose! of
maintenance, yon niujt constantly make
new carviige, engines, and rails, and the
renewals may be mado of the narrow
instead ot the broad gauge. Thns the Great
Western may be gradually changed as tar as it
needed (or even entiiely) from a broad to a
narrow gauge without waste or loss, and even
with gain in the working expenses compared
with the pietcat' rate, tor there is no question
that a heavy minerals and goods traffic can be
more economically conducted by means of a
narrow guage liue and stock than a oroad.
There is no question that freighters prefer the
narrow to the broad guage, especially where
they have to supply their oiwu trucks, and have
dealings with distant parts of the country,
reached only by the narrow guage."
Where acts have been done by corporations so
entirely illegal and In such utter violation of
tbe well-eetabllshed policy of the State, I think
It is the duty of this Court to exert the power
eutrubted to It, at the suit of any one having
fuch an interest, however small, as entitles him
to equitable relief. It 1a tho interest of the
public that these unauthorized stretches of
power of great corporate bodies, who are some
times controlled by a board throe thousand
miles distant, should be restrained by the arm of
tbe law.
Tbe true object ot the Atlantic and Great
Wecteru, viz., "a great through route to New
York city," is ocenlv avowed in the Catawissa
contract. If it had been a scheme for Philadel
phia it would have connected at Lewisburg with
the Philadelphia and Erto, and by it have reached
tbe metropolis of the State.
Tbo contract with the Philadelphia and Read
ing falls with the contract with, the Catawissa,
and this has two singular features in it one the
contract to build roads and bridges, for which
they have no authority by law, and the other to
ADELPHIA, MONDAY, FEBRUARY 20, 186G;
make subscriptions tor obeots not contemplated
by tbe Pennsylvania charters of either of the
two contracting railroads. The real obectln
this agreement is the tame as in the Catawissa.
But the whola contract is ullra vires.
I see nothing In the various points and objec
tions of tbe learned counsel of the defendant to
alter the views I have already expressed. I do
not regard It as enforcing a forfeiture; It is sim
ply declaring an act contrary to law and re
straining it and thus saving the parties from any
forfeiture. As I do not intend to tonch the con
tract of 31st of October, I860, nor to express any
opinion upon the points presented by the plain
tins in their second prayer for relief, t do not see
how the provision permitting a reference as to
dlspntes under the contract ean interfere with
the present proceeding.
i Ou the 10th February instant, the Chief Jus
tice delivered an opinion In the Lehigh Valley
Railroad Company vs. the Lehigh Coal and
Navigation Company, in which he says: "Tbe
bill and affidavits profess the corporate purpose
to reach tbe Wyoming coal Held, and their char
ter requires them to connect with toe Lehigh
aad Susquehanna Railroad, and by a connection
I understand such a union of the two roads at
some point as to enable cars to pass from
one road to the other for business purposes.
Such a connection must be made with the
Lehigh and Susquehanna Road, and must be
lorroed by the plaintiffs, before they finish their
work, but I make no account of the faot that
they have not vet selected the point of connec
tion, nor disclosed it in tbe bill and affidavits,"
(In the word "cars" the Chief Justice includes
locomotives.) This strengthens me as to the
cortectness of my opinion, for both of us have
arrived at the same conclusion without consul
tation with each other. In the Passengsr Rail
way asts the word connection is used in iu me
chanical sense.
Mr. Smith, the President or the Reading Bail
oad says, in his aflldavit, "Car trucks con
tracted lor a track of lour feet eight and a half
inches guage, can run upon a track of tour feet
en inch guage, provided the wheels are made
with a bioad tread. But it is impossible for cars
.specially constructed for a track of four feet ten
inch guage to run upon a track of four feet eleht
and a half inch guage." In none of the affidavits
Is It alleged that thelocomotive ot one road can
run on the other of either of these guages. This
clearly establishes the entire and complete uni
formity contemplated by our acts of Assembly,
for the locomotives and cars are to run over
the connecting roads.
When General Grant took Petersburg, and
pushed on after General Lee, he ordered his
supples to follow blm by rail. The road from
City Point to Petersburg was the regular narrow
gauge of C6 inches, but It was found the road
trom Petersburg to Burksville was a five-foot
guage, and the construction corps at onco
altered it to the regular narrow guage; but this
( aused a temporary but serious stoppage of sup
plies. (See appendix B.)
' Upon looking back to 1863, 1 find the excep-'
tlonal guage of 5 feet 6 inches (the -Canadian
guage) advocated on the same grounds that Mr.
Brunei selected the broad gunge for the Great
Western by the friends ot the Portland and Mon
treal roads.
"In addition to all this there are some hun
dreds oi miles of connecting roads on the same
guage in Canada, that are tor all practical pur
poses just as valuable to our road as if they were
embraced in the same Company. Looking
beyond the western limits ol Canada the same
line ts to extend to Lake Michigan at Grand
Haven, 1000 miles from Portland west, while at
the east a branch will extend to Quebec aud
Trois Pistoles, the gauge of our road receiving ic
from being tapped on the south, so that passen
gers and freight seeking the Atlantic seaboard
or Europe, w ill naturally continue on the line
trom its Western terminus to Poitland."
"A system of railroads occupying an independ
ent position by the difference of gauge from all
the narrow gauge railways south ot it?'
.Uniformity of gauge propoes the. same ad
vantages as the interchangeable Springfield
miieket, each part of which will fit any musket
nianuiactured lor yeais oacK wun one unitorin
gaugo the same locomotive and car could be run
upon every roaa in our country. . t
I have had the assistance of very able argu
ments on both side?, which have oovered a greit
deal of ground, and must form an apology for
the lensth ot this opinion; all the counsel were
of the Pennsylvania bar, two had been Judges
of this Court, and one of these, with an r her
eminent gentleman, had occupied high executive
Eositions at Washington, vthllbt the others, mem
ers of our 1 hiladclphia bar, are distinguished
lor their learning ana ability, tdib nas neces
sarily increased the responsibility of the Court
in tonsidering and weighing the various argu
ments addressed to me upon the law, and also
as to the discretion to De- exercisea c-y a uourt
of Equity in granting a preliminary injunction.
I am of opinion with the plaintiffs (the rail
road companies and Andrew Scott), that their
first prayer for relief is well founded, and that
the contract of the 1st November, 18G5, ia in
valid and voil. I express no opinion on tho
second prayer of the plaintiffs, but grant the
fourth prayer and such part ot the third prayer
as is consistent with the fourth prayer, and is
necessary to carry it . into effect. The second
prayer In Andrew Scott's bill Is also granted.
Let decrees be drawn in oonformity to the
above. ,
ArPEirorxfA.)
Herapath's Railvay Journal. Soptember 9. 1836.
p. 971. At the sixtieth balt-yearlv ineotlng of 1'ho
Great Wsstcrn Company on the 7th of September
last, the Chairman saia: ."It is with great regret
that wo are not able to propose to you to-day a
rut n of dividend tlinu two percent, uor an
num. - About the lime ot the cessation of
tne civil war in America, tnere wis a considerate
lalliup cfl in one or two large branches of the trallio
which came upon yon i line. , .. .
"the mtieri trad from South Wales, espoclally in
steam coal, wat largely diminished bv the aiiddan
of the demand for btockado-runaeri." The
cert of muititaiuiDg the permanent way was in
creased by tbe substitution of the improved cross
eifccpura and tih-joiuloU raiis for tho old Bar ow
railt. "The rzpeinies ot the maintenance of tlio
permanent way and work of the Great Western
Railway re ht avy from these causes; in tho Urns
p aco, it is more expenaivo to miiiitalu a mixed
eaue, of which wo have 220 mile s, than oituer a
broad and narrow cauire sepainteiy."
And he adds, "An to uie iron iraino, tney naa
been excluding from their tai.s not ouly the coal
traffic oiNorth Wales by prefrontal ratos, but also
the Kouth V ales coal b jeasoir of ilie break of
guune."
APPENDIX B.
'TlioRouce of the Richmond and Danvil o, and
fiouth Niiie (or Petfttiburu aud Lmohburji Itailroa-i
is now ana was durinv a 1 the war, the samj Uyj (5)
fcer. Alter the reiuement oi General i oc' arm
irom the line! mound this place and hiolinioml, Uie
euae oi Ihe Lynchburg .d leteffiburir load wan
narrowed io4 Icet 81 iuo..e, ir-mi City P in- to tuo
junction witu the l)anville road, by tho federal
authorities as th y progressed inwards. Tlio P.ed
n:nnt. mini una of tho naiTO'V or t loat 84 'Uolies
auaee duin.if ihe war, while tho UaHVillo roaa was
oi tlie live (6) feet guaao, and fn conBcqucuoe iheio
wap a break oi ouU at uanvine.
This ditlcrixce in tho paugo wa lnsnteJ on
bv the State of North Carolina to prevent a
deviation of the trado and truvtl trom tne in
terior ol the btute. Thwt Ktaio hns but resent ly
C
nstnted to the widening ot the gnago of th s
ad to tho eunie widMi as that of the Duuvllle
ro
mnl
Ibid difference of gauge at Danville was of in
calculable disadvantage auriLK un? win. :u
much so that the Confederate authorities had
determined to widen or harmonize the gnuso
of tho i'tcdmont roal with tutu oi me umi-
TLe disadvantages of break in th-J gaugi ore
incalculable, not only preventative ot all mo
ohniiiKui intPTconiPH between tho motive power
or rolling ftock ot the two roads, but of proper
despatch ana economy in nra cuhmwuo . "'
portation of passenger and tonuage as betwueu
connecting roads.
; New Yoik Bank Statement
New Yobk, February 2C Tho Bank Statement
for the week ending on Saturday, show:
A 4iuf Inana M.202 (W0
A decrease of escalation r?J"'j5!!
A decreaw ot deposit 0.M5 HHfl
A decrease ot leal tenders 8 tfz l
An increase of rpeote. , 8,Uj0J3
FROM FORTRESS MONROE.
Fortress Mohrob, February,24.--The steamer
Evening Star, from New Orleans, February 7,
arrived here this morning, with the 1st CT. 8.
Colored Cavalry, 656 mea, under the command of
Lieutenant-Colonel W. n. 8clp.
This regiment was organized in December,
1863, and was recruited in the vicinity of Camp
Hamilton, two miles from Bed Point, Virginia.
Under the command of Colonel Jeptha Zerrard,
who subsequently retigned, it participated in
the memorable operations on the James river,
as part of the 25th Army Corps, up to the siege
of Petersburg, and was sent to Texas about the
middlo of last June. Since that time the regi
ment has taken an active part In the army in
Texas, under Major-General Weitzel, and has at
various times been stationed at Brazos, and on
the banks of the Rio Grande. The troops dis
embarked from the steamer Evening Star, and
were marched to their old place, Camp Hamil
ton, whence they will be transported to City
Point to be mustered out The following ts a
list of the officers, the rest, with about fifty men,
having been mastered out In Texas: '
Lieutenant-Colonel W. II. Seip, Captain Charles
Schwartz, Lieutenant G. Page, Acting Adjutant;
Lieutenant Charles II. Labcau, Acting Quarter
master; Lieutenants A. M. Spencer, F. W. Smith,
and F. Ohlenberger.
The 22d 61 February was celebrated on the
Evening Star, off the coast of Florida, by the
officers of the regiment and the passengers, In a
very creditable manner. A procession was
formed, beaded by the band of the regiment,
and marched around to the forward part of the
ship. Speeches were delivered by the Hon. J.
B. ElchardBon, of Miss.,andby Dr.C. F. Gardiner,
of Boston.
Washington's Farewell Address was read by
Colonel Seip, and an elegant collation was pur
taken of by the passengers.
The steamer Guiding Star was to have left
New Orleans to-day with the 2d Regiment of
United States Cavalry, under the command of
Brevet Brigadier-General G. W. Golo, ako en
route to City Point to be mustered out of the ser
vice. In anticipation of the arrival of these colored
troops at City Toint, Colonel William L. James,
Chief Quartermaster of the depot, directed Cap
tain A. II. Comstock, Assistant Quartermaster,
to assume chaigo at that post, and no delay will
occur In shipping the troops from here as fast a3
they arrive, and quarteilng them at City Point.
The barque 'Welkin sailed, to-day far Liverpool
with a cargo of cotton and tobacco.
The steamer City of Eiclimond, lately on the
line between Norfolk and Richmond, has been
sold, and will shortly start for New York.
Permission has been received at Norfolk from
the Treasury Department to open a bonded ware
house there. i ' .
Jlr. F. C. Clarke, brother of the defaulting
banker, who left Norfolk under such mysterious
circumstances about a week since, was arrested
there yesterday.
The ' Uidted States revenue cutter Kankakee,
which has been stationed here for three years,
leaves on Monday for Philadelphia. Her placo
w ill be supplied by the revenue cutter Moocasin.,
FINANCE-AND OOMMEUUE
Office op toe Evbnino Tbleobapa-, )
. Monday, February 26, 18J6. f
Tho Stock Market was very dull this morning.
with the exception 'of Railroad hhares, which
continue the most active on the list. Catawissa
sold largely at 3232i for preferred, a slight
decline; and 23;253 for common. Thi do
cis on of Juace Read, which is pgainst too
above road, will be found in another part of
to-dey's paper. Readina sold at 50, a slight
advance; Philadelphia and Eric at 29J; Northern
Central at 43 Camden and Amboy at 117J, a
Might decline; and Pennsylvania Railroad at
60i, an advance of i; 31 was bid for Little
Schuylkill; 63J for Norristown; M for Minehill;
3G for Noith Pennsylvania; and C2 for Lehigh
Valley. A
In Government bonds tbero is Ie3s doinir.
7-308 sold at S9J; 104 was bid tor 6s ot 18 Si;
102J lor 6-20s; and 94 for 10-403. Citv loau-i are
unchanged; the new issue sold at 91J.
H ARPfcn, Dttrsey & Co. quote as follows i
Buying. Sell ng.
American Gold 13 j lo7
American Silver, As and is 1-U Mi
American Silver linne and Half Dime 127 128
I'encsvlvania Currency J f
New Yctk Kxcoanire 1-29 par.
PHILAD'A GOLD EXCHANGE QUOTATIONS.
10 A. M 1865 12 M 137
11 A. 11 llGf : 1 P. M 137
rHILAIiEU'lllA STOCK EXCHANGE SALES T')-I).Y
Koportod oy De Haven & lira. No. 40 S. Third street
FIRST BOARD.
f SCO D S 7 t0i.Juue WS, luO u Cat pt 8i
frGOOC'ityosmun.. . J4
KiOO Koadiun 6a, 70. 9bi
100 sh
do 06 82,
600 -n
'200 sh
100 tli
400 sh
100 sli
200 sh
lou sli
100 n
200 nil
do Io b 82
600Bcu Mav Loan. bZ
do..its..&a. 82J
do 82
dj iuU..i10 82
do sUI 8;j
do tb. M
do 830 824.
H(.C0 i &A racBf. 83 fc6
100 en Kcauinr...30J 50
1U0 eta ca.a pi 82
loam
do
.t6. Si
l'JOth
10(1 sli
200 sh
ItOi-li
IdO sli
1(0 sh
1(0 rh
200 eh
100 eli
100 sh
100 B'l
II 0 sh
1 0 'ill
KOtii
It 0 th
11C tu
no
d.o
do ;i
UCiotsblO
i'o ..slOu 82g) '
d 0 Wi
do 84
do 16 &3 I
oi;....lots. 32'
do t5 i
do 82:
do blO 82i
do 82
O....I-10. . 82
do 321
co. tlOun &i
do ..t-lOwu a
H O sh Catawmsa .... 2 j
100 sh do 2of
100 gb do 2j
2bIi 1'liU ft Erie... 2S,
150 sli Men N pt l..n 21'
4 sh Lcbiea Nav. . 62j
100 Sli Misa. C'l..l(!f) 12J
100 sh N Ci-nfrai.blO 4 J,
6 ah Cara& Am. 'a 1 17 i
60 sli l"euu K 6ij
76 all WtuhCnyu:s 2 i
37 bu ajir & I'.uu :u i
uo yi)
UKl VVF.KN HOAEDS.
?KiOO D S 'Sis 104 i 100 sli l'h & E,
1.31 sa '
1010 do. ...c&p. 104
HU'O co 14
(2(90 do icy.101
fclifOO do rt'ir.104
2ii0 Citv Uo, old.... 87
t-tOO do i.ow WIJ
Km Kb ItcudiUL'....tfi 60
100 eh do 61
100 h do Lu 401
100 t-h do 15 4'JI
2sliF and M. life .121
Ku tlx ISpr and lL15 35
KOHi McCn.toi'k...l-:;l
0i-h tiiiCtfei f.uos 82
x0 tu an Y & ii d. ,, . 01
800 sli do 1.8:) 3
loOgii Carinas i v . 8-J
loo Ell
1( 0 rh
200 sh
100 h
do aa
do 2d Hi
do h5. Hi
do HI
do oi
do 1
do 31
do
do 3 j
100 !
100 SQ
2 sh
100 sh
If 0 sli
40 till II.izlf.ton 61
lolsii J-cli Mir ill.... 21
loo nil do
15 Ml JUlUOlnII blj
Murlrets by Telegraphs
'w yOKK, I'fcbiuary - 23 loiton is dull at
itcaifM. lor niiiliiliiia iiour is dn l: mm ol
4. U5 Larre t 80 i5im.8 for Mat") S.il0 0& 'or
Olnoj W6CB lur or.' rn tsontiieru ijiiw j ty
I Hire b colli ui boow'iotio; Canaan aim iit.-i
W'hent dull. Corn K'adv sales of 21,000 hmiioin
ul 7f(7to. lit pI quiet. Pork fu-ay vat 827-87 '-?
I or tiers. Inrd ft.ady UsW- Whikr t0inv.
fiv ook, February 2H -otock are better. (Jhi
cuiioand Koclt iind. luSl ; Cumberland oreterrcd.
444 Mich i ffii ii fcou liorn 681 : Na y York Central, 01 " ;
Utadiii 100: Hudt-on Elver, 103 U-viri fit,
ill Irw, 61 j C eve and and IVtabure. 76,1 1 Wesiem
Union 'le'eprapli. 70: Coupon. 102. 102J! Ton.
Fori.es. S8i i I rensury 7 8-10. 0!j'i i ,Uold. .87.
btLTim he. FeO'uar. 2P. K'Otir duds Howiml
tnrer. f N8 S7. i W at flruii whlto 61 fUl 01;
ro fel-l&al i6 Corn flrrai wli'to 74o.i yellow T2r.
Oata Heady, fieeda nominal; Ooveinond S3.'aT60
lard 18J,(tiU turarheavf. Wuh-ar firm aii'Z3
FOURTH EDITION
LATEST FROM VASHKiaTOII.
CABINET CHANCES.
SERENADE TO COL. FORNEY.
THE 1 It 13 X2 JH .
CI Ete Kte Etc., Eta Et Et.
Our Special losiat olios.
I WinnnioTON, February 26. '
Cabinet Chans;.
Tho statement so positively made bv thn How
York Tribune and Herald, that Secretaries
Stanton and Harlan have resigned, is not trne.
Such differences of opinion as have been held by
members of the.Cablnet on the Presidont'n lat
policy, have been amicably maintained, and
nave tea to no rapture thus far.
ncrcaad tm Colonel Forney.
A serenade Is to be clven to-nle-ht t.fi TTnn
John Wi Forney, and it Is expected that Messrs.
Stanton and iiarlaa will be called on i
their views, if possible, on the political situation.
Tlio Freeumen.
TeltzTtms received at the Freed
from Assistant Commissioners state that persona
in the Bonth, known to be Inimical to tho Gov
ernment, are assuming a defiant attitude, and
that the freedmen are becoming uneasy, believ
ing that they are about to lose the protection of
tie Government. '
Senate.
Wishikoton. February 2(1. Mr. Grim In
presenting a fcltlon from citizens of Iowa, said
he would take occasion to reply to a despatch,
published in the Intelligencer this niornlnz.
stating that on immcnio ratification meet-
in;!, , had been held in Keokuk, Iowa. ,
at which the Veto Jlrssaire and tho
President's administration had boon endorsed.
He said the author of that desnarrh hurl
been opposed to the war all aloucr, aud that his
press nuu Deen turowu into tue river tor the ut
terance of disloyal sentiments. He was unwil
ling that tho despatch referred to should eo
fort h as a reflex of the sentiments of the nonnia
of Iowa.
llr. Lane (Kansas) moved to take from, the
eies the papers in the case of Mossrs. Barter and
Snow, Kenntors elect from Arkansas, and refer
them to tbe Committee on the Ju itclary.'
Air. Clnrk called for a division or tho morion,
and ih question was called for on withdrawing
me papers irom xne uies, wnicn was decided in
the affirmative.
Mr. Clark then moved to lay tho credentials
on the table with those of others late in re
bellious fstates.
Jlr. Lane railed for tbo yeas and nays, and
the question was decidedjuetrutlvLly yeas, 27:
nays, 10.
' Mr. Lane then moved to admit Baxter and.
Suow to seats on this floor, which waa laid on
the table.
At one o'clock the regular order was taken
tip, being the concurrent resolution that no
Senators or Representatives trom any seceded
State shall be admitted till such Siutc shall have
been declared entitled to representation
Mr. Sherman took the flopr, maintaining that
the resolution could con fcr'no powernot already
vested in Congress. lie said a similar resolu
tion had been adopted by tho last Congress.
Honae of Reirniit.iv)M.
Mr. Bearuan (Mich.) iutrodticed a bill to con
tinue m force and to auieud the Frecdmcn's Bu
reau bill.
Mr. Trowbridge (Mich.) offered a resolution,
which was adopted, instructing the Committee
on Military Allairs to inquire into tue quality of
the artiticlal limbs supplied to soldiers and
sailors, and if found dotective to report the
ueedtul legislation. '
Mr. McClura (Mo.) offered a preamble and
refolution, instructing the Joint Committee on
Reconstruction to inquire whether the late
seceded States ore ht It in contumacy, and If so,
to inquire into the expodiencv of lowing contri
butions on the tiiiiloyul inhabitants there of de
fraying the extraordinary expenses of tho Gene
ral Government.
On motion of Mr. Schcnck (Onio), the resolu
tion was referred, without in-truciions, to the
Reconstruction Committee. Ycus 102; uys 27.
Mr. Bingham reported Irn.i the UiT&nstriic
tion Coniuiift- e a joint resolution to amend
the Constitution by adtiinc the following ar
ticle: 0
.That Congress shall have power to make all
laws vhich shall bo neoer-eary and proper to
secure to the citizens of euch titaia all the privi
leges and immunities of tho citi.ens of the
ceveral States, and to all persons in the several
States equal protect'on in the rirht of life, lib
erty, and property. . lie supported it tu a short
speech.
Jlr. Rogers (N. J.) rpoke agaiasf it asamo?t
dangerous movement towards centralization.
CANADA.
Proclamation Concerning International
Trade.
Ottawa, February 20. Tho Canada Gazette
contains a proclamation, warning American
fishermen that they cannot use the Canadian
shore fisheries after the 17tli of March proximo.
The following is the substance of tbe procla
mation: Whereas, A certain treaty was made between
her Malesty and the United States of America,
on the 6ih of June, 1854, providing for reciprocal
trade, and the United Stutes have given notice
lor the termination thereof;
And xciicrcas, The said treaty will expire on the
17th ot March, 1S6G;
And whereas, Under the said treaty maay per
sons, citizens of the United States, have invested
moneys and titttd out ships lor carrying oo in
Hbore'Hsseries within the territory ot Canada,
and inav be unawcre that thuir ritht to carry on
iuicltifcheries wdl eudon tho 17th ot March. 185G;
Therefore, to prevent inlury or loss to our sub
ieels, or to citizens ot fcJtatej with which we are
in aniity, we do cautiou and warn all persons
rot f ub'jects ot our rea'.jMjtout alter tho said 17th
ot Mun:h next no vcsf.eVt'owiiod and tuutined in
ihe Lulti'd States ot Aiuer e a can pursue ho in
shore fisheries without reiidennr tboaa-ielvc
liable to tbe confiscation of tlKir vessels, aud
such other penalties us uro inipos- d by la.
Tlio United (States Supremo Court.
Wit-niHGTON, February yf . At th close of tho
case now on arumcut rie!br tbfl Supreme
Court of the United States, that of Jhn Maiilro
ve. the Stale of Massachusetts v.'ill ho argued,
lenei al Ctishlnc will open the case for tbo liquor
dealers, and Attcrne.Gcnerul Read will argue
lor the State. Mr. Kldiardton, ot Boston, will
lo lor the liquor dealers. It ia said that tho
case presents only one of the point ralsfd by tho
laws of Massachusetts, and will not settle th
general question. .