LEWI BURG CHRONICLE H. C. IIICKOK, Editor. O. N. WORDEX, JK, Editor. EX, pRtXTER. 3 LEWISBURG, UNION COUNTY, PENN., FRIDAY, JULY 30, 1852. VOLUME IX. NO 13. Whole Ncxber, 43-1 I K'lSIJUHCr CHIlONlCLli i vestments, of greater promise to theni-j Susquehanna. Aud it is only ' then, and of the Susquehanna, and open its wealth, I construed so as to impair our rights cr (selves. in that case," that the road may be so ex-j mineral and agricultural, to the world control the provisions of our prior statute.'', inf,.'T TAnr otiiffit. Jy0W) M tbe mMa 0f our cttiicn, tended, and may b so made. . t jo long locked up from easy access to In the acrnnil place, If the Legislature, ii ttWtarfitv sumumst re'liesr! in the county have no money to snard for Now, if this be not the obvious reuse : market ; the Commissioners proceed, the -bv the rth section of the statute of '52. tuued . - ' I . T , J ' Intmarinortl IH . f,wL- 1 l.n.. mm mil nht-iiM rrfffS Sl.iOiwTrrM.tirii! actually In d-,Btt vu.j uuu i,;i.if pm wiuim tiirv, month.; if ih iihio ; this road by making it a county improve. year: fw il not paui D.-loreui. year fxflfrti: 3 mta lor , . , aiot. number. SutanptHxi. t ix nv.iith.ar lwa,o me"1''! S tnCy Would S UtOUO bridge. V miJ in adran..-. niamatlaaanrea nUuiial lth lixt , . i , , . rwishr.r.-pt"'ou.riiw . I m.iiait rest the whole question here. ADvunstxiLvM hnj.-omel iu-c iw at ,v rmti , , - , , qaarr.oM -, 11 trnrmiu. Kyrar: tniiun, : for here are arguments enough, why our tl f aii aloaOia, J tor a war. Murcaiitit. adn-rtue-' . . , . i . .... . . jiit. rH rcreami one fourth of rolauin. tlu a yar. i Commissioners SflOUld not tail 10 pledge JOH WOltK and casual advvrtieMcut to rhn hanid iu or delivers. paid lor' Cimi:m-atio!.b wiliciu-d on all fuVt-rta of pneral in?- raat mtA. a-ithia tit ranse of firty or afclartaa cintt. the county ia the work. But there are other redSCnJ. of no less 2rXttZZ kPrZZ value in the eyes of the true patriot Such f Railroads on tint ferity ioMnawHoN. rW..rr and nernetuitv of nnr mnnfrv tt. ..f.-arrt OI'lkrtlwl,w'f"n imn,onr, r j , the l'o.t-4'Ciai. atld meaning of the statute, the second : route is surveyed, the line is located, the I Las given the Sunbtlry & Erie Railroad proviso is urplupage ; the words " as here ' Mock is subscribed, the Charter obtained, ; Company the right to run down the valley matter provided, anil " then in that case. : tlie Company Tormcd, and their Eiiuineers or the Susquehanna tht howl of infuriated partisans ithall have subsided, the stream of law will still flow on with plaeid, broad, deep, clear current, undisturbed aud unrumVd to the mighty ocean of Justice and Truth. In other couutries, sovereign power is absolute, whether it be in Ruwia or in the English Parliament, it is absolute ; not so, here. a x. woituKN-. ii.ia-iw. j to estimate the improvement of human be a.Thefolk)fiiigi:anaCTcr. t a by Mis. ltlet ) lngs gTOitlgOUt of COUtact With those who j. MrF, daufhtrr of ji.iia b. ik, of kw Co,, I'a. , are dissimilar to themselves. Trade and . r.i7 un-rr, 1.. laiut. dth. uikTc about o ! commerce are autasronists of barbarism ; ,ut ao. W coj frwo th f.vniiip RMtin. To lb , i i. , .P.. , . . ' briber in tlx in, mortal troth. tvllsioa, how ,Mt! iraiags Ol reciprocity and Baobliug ar thine calm and pititive find to occudV -our had better be elimibated and blotttnl out are about to henin their w.irk on the line site, it is such ao abridgment of our iizhta from the face of the section. No rule is designated. Iti the tncanwhile, in 1852, as would destroy our franchise, invalidate ! Thank God ! sovereign power her is gov- more familiar in the interpretation of etat- j the Sunbury & Erie Railroad Com pan v, a verted grant, impair the obligations of a ! erned by established fundamental law, be- utes than " one part of n statute must he ( not fatislied with the enjoyment of their ' contract, and, as such, be wholly void. lyond Which charmed circle it withers into so construed by another that the whole ! own netflected and non-used franchises. "d ' It will be unnecessary to cite anthori- , paltry insignificance, and the inviolable may, it ptwOle, stanlj aia that it it can ! to the JiCgisIature for relief. They get ties here, to show that the charier hold by riguts ot men loom up majestically, and ct. 1 bat i are aione supreme. arain, till Cayuga liride v. Macee, G Wend. 95. ituerwilr Oriental JJank vs. Irisher, b bheply, J09, curreJ, and compare them with ttnopiuioii or the Court, and say which of them ap pears to be in conformity with past autho rify? and which sustains those ffacred and rented rights, to tiolate which, would create a revolution, and to susliin which contributes so much to our tranquility, and which have stimulated and fonsed mercantile enterprises to a degree that if almost miraculous. may, it ptwble, stanlj ana that it it can ! to the Legislature for relief. They get ties here, to show that the charier be prevented, ho clause, sentence, or word j it ; and at the same time, in the spirit of t s from the State, is a contract shall be superfluous, void, or iuMguificaut." intrusion, they ask for more ; they ask for has been decided, over and over agi ly the reading I give this statute, this rule j what ? why, that they may be allowed to 1 it has passed into text law. NeitL has its fora and effect ; by the gloss given to it by the defendants, tins rule is viola ted, and the statute is blotted out witl ruu down the Valley of the Schuylkill, to .it be necessary to remind the Court, that Lines in Prospect of an Early Death. tysckiBt-p T riM t s. allioiut city. I will wake utrain, with m fer-bW lind, T' ntr Thy friendly 1nr, for nt'mthf h ire pw-i itire I told thtv Iat ifow ttw world mttl I tffttnn. wt May wu rovavnf tli gUJv tt4 RlfH, And I witii tiutitfp fror. But a bAn-r ha yarn-J o'r ihv rartli hfhre then, And clu-f fro UtUikJ o'er mm. You lent- Imw T ft tit waterfall:!. Ami rii ptmi of iUf Fiininmr i-ar, T-t r&v hqU roam tliitticli tlw roumluig LU i f tlti-dtirk uirt frr.i1.w: I Hitlr dr,m-d tlmt hn jyot lute ror oihr would it to, V'h 1 thr f.4iog ryra. nd th tattering foul, Wu tl be all w-juld brail my own. I w-in thnt the autumn HcM no ninre Will fiill on my brtw acim. I Larc bn-ailti of ihe nioutit cfn's haJmjrt t rc. And llit imimr If'ltt. in tun: I brant h-v -tM- uti Tim uid lrprt, I a.itrhrtl tt b'T b!i cit by. Iltif bM" Uivt-ll diiJ in a wciry bvart. And hr liKlit uu a war rye. I tavt don- with vi1ona thry fade! all t rout a It-vrr-lttwinc brant, I b.-r'lr thtn gyy. nA I would it rail OurUrr tm frm ila brotil a,;ai. Jt -ln'Uiij r.ot ltii ni m riiif.-! hour If thr w.-rltl at uiy fnt rre laid. rr wealth and ?Vjiurr and fain- an I rwrr. Are tbau tbe UU5t e tread. 1t IWt wrrr M to tli Vort rf Ivrar U tavn :ht dU'Ntil Muti my bnw. It has w1dti nil t kn- wu ot bhs Aud 1 rr4 in l:iliad" now. A ltd ut v rRt if wrrt, aud my lirart is calmM, A I witUb pit Win wan. I'-rt-1 tru-t lite ucbt t-tt-r land W tti a.ik,tt it to Uvoui agi.ii!. For Ihe Lcwiiburg Chronicle. County and Borough Subscriptions. Philadelphia. That is allowed without from the days of Fletcher and Peck, Ter- let or hindrance, and then thev ask more ret and Tavlor.the Dartmouth College ease. erasure? and the whole act itself made! they ask to be allowed to run down the down to ISturgcs vs. Crownihphield3, that void, iusitfuificaut and worse than that is ren-j Valley of the Susuuehanna from Suubury. euch contracts have been held inviolable, dered daii'V) to intend an abrogation of a j Is it to be supposed that the Legislature, d all attempts by Legislatures to impair i . ai a .- T .1 t ..- t. ... 11 .1 - i ! . 1,.... 1 l . .!..! 1 1 .1 I i n 1 nA n i i i j t " iSoiemn rrulit, ; io cau mauuvut ausui- iui a iiiinrv uia, wuiuu gram litis ac me t uxc uctii ruuuiicuanu rciiuiscu vj i I', J l!t JJUtl? IT 'y and iiupossibUHy. , cost of the public faith, and it. violation of ' the b'apremo Court of the United Slate. 1 .1 "i.- ' ' L to franchise, of its charter, ret that the Le&islature did intend to ive the ! which it had before granted, a thing it can grant Under the protection of this wise Mime, ixjtctr. tor the tume rmrvm:. I" Uis , not uo : lor iac iviiir uunseir, sayg uiuck- iioibuu ui mc tuunuuuuu, wuil-u was peace anti unity, But my remarks have extended beyond ray design ; and I am not sure but they arc superfluous, for I am not aware that any extensive opposition to the subscrip tion of the Commissioners prevails in the county. PRO PATRIA. or while it is not assumed t hat the , private rights already vested ? Is it to bo Sovereign as a State may be, she can dj Legislature intcuded directly and openly ! eupposcd, regarding the " time and the cir-1 no wrong like tins, and her " etrcng lanee rob the Susquehanna jwptiny ot itsj eonistanccs, tnal tiia i,cgislature would 1 win uuriiess ureaK wncn leveled against it is contended , wantonly and wickedly crant this riant : uer own pngntea laitn, tier own solemn tame way, to the Sunbury & Erie Kail- road,one year after it had parted with that franchise to the Susquehanna Railroad i Company. Which interpretation involves ftnne, " having given a franchise, ean not j but in affirmance of the common law doc bestew the same identical one on another, ! trine of sovereign grants, under its pro for that troaldprrjudict the former grant." jtectioti has this country prospered, under It would be a harsh interpretation of their . jt" protection have men been tempted to oazurd tneir savings and earnings iu enter prises like this. Had the law becu other- " Ea est uxiui'nit't ntenmtatlo quae wise, no man would invest his capital in I 9th section of the Vet of the 14th nril 1,or " tue Bunbury v r,e lioa" can , luuo careat. - llius wisely noes iiic law , r"-w i" w-"y mums vi puuin; '1852 thev are authoriicd to " form, c n. come from UIlbury di)vn the valley of say that luit is to be accepted as the in- , nsciumess wnieii aaorn our lana, flnd rtulcr rt al.,w S q. K. II. Hi, SUPREME COU11T, .Vur(ra Vittr.. Pit. I .f T.L-.i 1 - i , . r. ! Armment of Benl. H. Brewiter. Esn . ! Dot m a dIrect legislative outrage, but ; iuteution to sajr that this was their mo I for the complainants. i a jutiye absuruity m the very terms . t.vc. t T Tl. iif....,i... .k. i .1.. aud object of that statute. Cast-iron Bttlldingsi The following from the Scientific Amer ican contains good ideas. The permanency of iron and the difference it makes not oa!y in the buildings themselves,but in the thote adjoining, are facts worthy of considera tioa. The iron used ia the construction of buildings may for ever remain tmiii jured, if properly protected by paint. Ibis estabhsues an important difference" between bricks and mortar on the one side, against iron on the other. The diff erence is so plainly in favor of the latter, that it should settle the question of eeoiH omy 1 Strangers visiting our city every feW Trustees of Caledonia School vs. JJurt, 11 Ver. C32. Buck vs. Lebanon, 11 ew llanip. 10. Commercial Bank of Natchea vs. State, 6 Smeeds & Marsh, GOO Bank Vs. Chamber?, 8 Smeeds Si Marsh, 9. Enfield Toll Bridge vs. Connecticut River Company, 1 Conn. Rop., 31. Walli vs. Stetson, 2 Mass., 145. Smith vs. Hark ness, 3 Ire i Equity 013. Stark Vs. Mc- Cowan, 1 .ott i McCord, 401. Turnpike Company Vs. Amour, 2 l'a. Rep , 194. Comumij wealth ex rel. Claghoru vs. Cullen, 1 Harris, l:iX In ii n i t j! if..- awn luin viiiii l ua uuiruipii n. .. - this doctrine, and distinctly repudiated the ' " m bn,ld,n ne" right of the Legislature to p:iss supple-! eitJ here 8l1 tLe tln,e-" lt a n,llJ ' mental acts, altering a charter graiited j e l'rcsunie that, owing to obstructions without the consent of the grantees; up-' in our streets, caused by pullin" down old holding aud applying in its broadest sense buildings and puttinz ur new one-, thn ' at - i the doctrine of Tor rt vs. Taylor, and the tamous JJartmouta College case. The only case on record, which can by tne remotest application be cited as au- dust, dirt and trouble connected therewith costs the public a la of some millions every year. The tax is not levied by law, u-liirh ltfivti n ti liiil it i necltoiii til tcau of Ihe raJIm of thr luu cuvjuiumiu.., an.i i-u.-.ui.n , aifivLuunaicuuraaui.! n r .r-y. - - ... 1 Road has the same ri-'ht unimpaired, they Hoes the Leifislafure enact a law which is prosperity, and openc And provided the Sunuchanna Railroad !,uust both come over the same ground, and iuteuded as a wrong r Why, if they did, ' munication which must otherwise have ! Company shall fail to put that portion of u,,t mcrel lie side slde whitl' ia absurd 5t woulJ bc a nul'.v, not only under our reinaiuCd closed for ever. ! the line of their road under contract be-- cnou2'' D,ul cveu man tiiat, tuey law, but at com10a law constitution or . i"f"J' y Vr,K?H j " " i" TT. ."i:-..: . .T: for those of brick iu our unexampled j 'bority to countervail the principle I here j bnt jt '8 "ot the less certainly exacted fof id avenues of com- contend fur, is the case of the Charles jail that Let any citixen imagine the River liriogB vs. A arreu Bridge Company, j benefits that would be conferred upon the 11 l'elcr- Ken. r.,.T.i; t. .!:.: . - , ., ,. Ae 1 - .1 .1 . .11 . duwuiuuui: cast iron uunuinirs careful examination of that case Will ; ... ., , , ., ., " tween Bridffenort and Siinburr rMin mm niU!t "e tl,e oue on tue t0P OI 11,0 otbcT n0 constitution. 1 nay, aud I say by the " "in in a aouo.iui case, npnoiu tue xmg . , - " ,'fM.iivu 10 mis . . , 1 iJ,r fl P. , r f,k ''til T ad, furthermore, to make this the more authority of Coke and Holt, that no act of grant and interpret it in favor of the gran- I "'at there is no 1,'eat.ty between its facts morlar and doud. of dust which now ob emrjium the jxusnin ut this act ami com- ; ..... . . ... , , . ... , , ... 1: :.-... . -- t ..... I n.l tl. f,...t f tk;. i struct nnr i.i. mA u The piles of brick and j struct our streets, and cause such general rie itaiiroad Company ; annoyauce, would all disappear. Here, iHite the vime within tffn the Sunlmry Company t kerefy au their road from fcuu tlie busnuclianna, to connect with the' . . . , ,, , ; , 1 , ,, , ,.' . ... i j .. i .i n ,, ; Tk. ... ir j .-itam ot materials, blocking nn thp atnAt .... . r.i..m.Ac iia u.iii tiiikiiiv .v ..n I iiiit ni. ' id i.iinrrni ir. nn.i n.inifm il t m creu ami in iiii:iin. npnp. ipi:iiii' ni.iiniii. i vtvuiim iv. uv i iua tu utr buul-icu lu ' o r tiro years, tiiii , . t ... . t . . i . , . rni ia.. - ... t ti.. .v....!... I- v t. i- -t , nuired lv its charter to pass inrouru "jiHi-; atciy worss a wronj. '.ilod. U : " touuu vi iue si anicie oi lue """"'j " iv j.rie iiailroad t. . . c l . .... .?... . . ... .- .. - .. i n. . . -..v . i . n i . . . .i nax aim .iiuiiTuurif in j'auiimu county, iu 11 iicii au net. ut i ariiaiueuL is niranihi hmiihiiivu vi ii- . u'u cww?, .uu iue " .twruca to extenu u - v..Mi...n.l...rl..,..l ril.r r r.,...n ,o., imlii-iul intnrnrpt iti.m mvi n in tt. I.n. .ln i road as it has been d( OUr OJ iue Valley Or ; ... . . .. . i....-.-i'; . :ll .. u i .i c ,...) 1 .!... .1. ..V.11l.-l.-ll iki an.taaa.-o li.it take the tile of our as at present, where there has been accu , tain nf mmIa.I. LI 1 . " .1 .Pennsylvania Railroad," &c. In other ; words, they may make the road by the valley i- j . . . nv, if th.-y shall coustruct a Railroad &c, : void." The legislature conferred the fran- them for the sake of the honor " of the over the same grouud and pass tbro' "uu """ojing everyooay, au would b 'J 1 1 11 1 .1 . lb 1 ' 1 :. .1 1 ; i : . . T. . 1 t. .. i 1: .. ...J . 1. t in cniin Intrna rn mini Iri-vm llic o..ma 1. I'lpnr. ftnl lh iKw.w nn nV 1 f 1U n,ii. i i f if snail maac me towns 01 j'a'iimiu, i-msc inu, nni iu uin nise ; 11 saiu, wo nuj giaui ineui, unu ur iue - ..vj. mim. , r""""; auuusitucwu. . IIi:r.. J M I .n,.n, ; a tax, now and without the payment of and JJillersbur in Daupl.in 1 have gianted this rirht of way to the S oiuts on said Road. ! quehanna Company : they may not con ' ....t- . .. V .... aJ I. . V..., 1..... I ... I " F I 1"' ' V.. - , ,v i,, uu.:,,. I v - i. .i 1....1. . .i. j .i .r. . .i :.j . i nnanvsball fai to nut the r ltoad i,uw u"c "' iHa w - rnn I .rnnran r Kim II f:ill fn mit. 1 tie oi.j.Ttn m me sunscnption oi mon-1 UI1,lcP contract w;thin oue year &c, y, by counties and towns to tne construe-1 To this wc answer as follows : I (ion of a railroad, seera to overlook thei 1. That the statute of 1852 docs not fundamental principles of political ccono- confer ""J rijKl upon the Sunbury & I r. . r ! Erie Railroad Comnanv. That the 9tb htera Ulli 1 tf "The value of land, and the productions 'section of that statute gives them the t.f labor, .It-pond on . mi.ikri for produce i f'S''1 to go ke valley of the Suue , , ' . . . bauna, urwt Kf. the Susquehanna Railroad and manufactures. beat r.i some parts ri . i r , . . .i , . iii : Company ebull fail to put their road, or a jf the 1. mted States is 2o cts. a bushel, : ,cjjign&te(i lwlion of jt) under contract tn others 91. 1 lie cort ft transportation within one year from the passage of the us- protection of the citirens who have acqui- j 'uii, to our exclusion and to the entire; There would appear the space for the on- red rights under them. No " fierce de- j dtruction of the franchise granted to US: ! building, and all clean and quiet around we mot-racy " can in this land of law, lay lb is destruction to us, direct destruc-, u on Mo . morn;nff one and the same thing, by one and the will now give it to you "as hereinafter rude and plunderins; hands upon the pro- j J'3D- Tbat is direct eviction. But such .. -...1 . I . .. ...... .1 I I 19 I : . . 1 1 . 1 1 ." T a- Ji Tl" f. Ih. M nf. itaH I I.... r... ... 1 same waj, uuu, as luej dj, one uu j truviueu, luaa euujeet. 10 " repeal, t'-'-j h-u 'm vickuj the same time 1 Is this a fair interpreta-1 subject to a "conditional stipulation," that nd the security of which ihe State Las a statute I 1 ruly, qui harct in it tbe Susquehanna Itailroad Company pieogcu us solemn wora unaer us solemn itcrrf in cortK. shall not do their Bart. then and in that trans. ine estate ot 1'ennsylvania can Again, it is well worth while to examine ; case.yoa may construct the road which we ; not revoke this grant to ua. It can not a peculiar feature in this section, which j want. You may go by the Valley of the resume the franchise with whick we are Monday morning. T m - . is not the case of the Charles River Bridge ! . n a Iew moment ne carts wottld ar Company. Iu that base it was a couflict ; itl,beautiful cast-iron blocks, and t between two contiguous bridges, not on j few men with derrick, block, and tackle, the site the rival Companies not conflic- would be seen quietly hoisting these bloekt t& t lhexiVfhrhUDwon& "I rnJ & iuto thH' -d i- trie Road were to have been authorized i ua s D7eTcnlnfc' " days at most III -1 J 11- ! ...1 i:..l ' .1. - C..-..-.1 .1. C.- nrnatail mtiYtk in . lf iMiTI-rT , ...J 0 U . .. . 6 1 - .1 . .ni,..,,,...!.-!.!.,: .1 ! fn shirt fr..m th intra, anri k building bich will endure for affes. will vj t 1 1. ttuvi emi'" vtiu 4iauvui3t:a ii:rj iia i U 1 ""e 7 - r t . nrnnor nnnstrnptinn nf tVii tntnttf If. will lm rr-moiiibcrod. that it is in thJ f.irfi-ited and &b.-in.lonei." TI.U in ll th empower it to trespass Upon our prnpertv. i ut- ut down the valley of the Suiu be seen standing erect, in dignity and second Proviso that Bridgeport is first : legislature intended. This is the construe- Bnd wrst from us the very ground before qutbanua, aud through Halifax aud Mil-' beauty, where at morn there to noth ilia . . . . c. 1 ... .c .... ... . .. .111. ,111 i .. : i. .-..I ...... I... I... .. I I ... - : . . one- .."itrln M..1K . (.. An.i;n I ..nil u. . It, a elnli.(A ,1 . . I OPl! IP3T1M1 TlV I H W frlVn llV PRItir til 114 15 , IliSHUIl! UUb L'l tt IttlCl ttl rU.lke. rUlllllII'Z l.ill nn .M.nt Tk 1... .1 imtos thr. diff.-rr-nrn Il.niM. tlr.rn r.t :!.'t. 'I hat l,intnnl la th nirkf w.n. ; """", vvu.n. ... vuu. ...... i i.uu .o ru.UI iuuju..., j . , r . u. .u tir , sri. uis cau m u . " : ..l..i n.l.;..l. ti, snv.nr .( U..;.l..t..M ..t ..............,.. our t-rinertv. nn.i wliu-h tr.u tli nwii h.ir simin, maKe a roaa tnal would uivert our .1 t . . 1 . 1 1 ..... t-reat ineoiialitv in th retin f-r libor L-rred, and only that. And in the second Xl-y V.X .-e....vU.v ... .... .0.., .. fr...i., ..,.,1 ,,....,.1 nn.i ,iin,in: k r. i"' "as oeeu aone ana we snould lite to . n ,, L , , Llaeewesav that if t. OlI, s-ti.,n f il... ' Rlroad Company are to exercise their qu.n.l jKrent," sucure their object, and pnwlege conferred on us by the charter , t.gl.t id tratel and diminish our re- done u'tener 'llr nl 1 k What is still more, the laborer who by J1""""?, tL,f. idS" newly ncquirwf francLise; and it vill be maintain their faith ; and it is by this ren- we h0ld. This is not deuUful law. This cejr.Ur-A.,f we could not complain ot- Til f! n . v, reason of his distance from the market,, f 'tC ' t'T observed that this condition of dering alone that the Court can reconcile is not a debatcable que3tion, and even if we would .ot complain ot, and that. "S f alls, either, owing to miserable reives a very low price for his product, ! mK 7d ,1m 1 , putting under contract the portion of the ! its ao?s and give force to its statutes with-; it Verc doubtful, it. would bcwa.e tbi? , would be tue Charles River Bridge torn- mortar ; nor would there be any fears from must pay , very high price for b is store J J oor.ylc line n5 occutcd bv ,! Koad Bridgeport and Sunbury is out doing harm to any one. ! Court to give such , construction to these ; pany-but is that, tb,, ea.-e ? U no 1 heir the freezing of cement. It would be well roods transported to hi, tiei-bb-irhood Incm anT to ran down th7valkT of the ! C"' P" Ac Su,quehanna Com-! Shall it bc said that it was tie intention r-Utufcs of 'ol and 52 as would avoid that . .pla.nt was a divers..... of travel and a fljr eVl. cl, auJ io onf eoun goo is, tn. ported to his hWlioo- . II cm and to run d,wn tho wile, of he , : i(llalure virtual!y t0 ropc!l, the doubt and uphold our grant ut , m.s ; diminution ot t.lls-our comj-lamt an, if therwerif ,eg, dunf from firp. . J ut ;reat cost, and passing through several N'uehinud r' Nin!,u'f 11 ,s uch , iriRanroad, who have been iuton.ied-! statute of 51, bv the 9th section of the -ruteat uam pereat. J'laco Sttch a con-' eicliuion Jrom our mv.le aud an actual de-: " T ,'. lands, each obliged to make a hung profit, f" diing litKe' right,, the ve'ted riglit of stllute of Ud tha mr by eon! , stra,tiJn on the statute of '52 a, will rr- j ruction of our franchises. The, -ntly ,f there were mora UJAng, This is the reason why ,w cobmies and L"Z,. Vf '? . - r " 1? ? . 1 fl 1 the Susx.uelianna Company t for by its structbn ? RcUl it would be, to allow ' mit the Sunbury Erie Railroad Company evict us, and occupy our very ground. In erected of fire-proof materials, there would r-ttWn.s are first made on the banks of ; i-h W itnalid it wa, under no such res-: the Snnbory & Erie Iiailroad Company to . to rut. down our line, pass through the , " tuaries luver case, tne ijeiature, be i.wcr ures. li.e lire-cngu.es aud th t-ttablc streams In mu-Ii lWVii,t tmt. tm nCti. ,f ,raint as is ill!Posed h ,,,e ltlU ,rra! ou ,bt; li,lu we ,,av" b,f5re teA ' S3m t0Wn'' 10,1 J'U wiU nuIIlf;y 0Ur Eraat i " ? . "tended its charter, put fiie-departmcuts of cities and villages are r v A . 1 X o r autr-el 5 s 3 whoI' ell Uut "f"- ; ..n-K-ecopied. These two Companies can and virtually wipe out our charter from the on the record -pro b.,no Pnb!,e " a notice , eMeeJi , burJonsome tenw J tax. ?W"""';,SC'' ' Au.! for 1 C ,hC ta-i c; a " lh ' w,' Jy the 10th section it says, thai if Hot exi.-.t together. That is out of the Statute book. Such an interpretation of its intention to reserve the right to building would be the -.1 much ejcelleut lr-.nd can bc lmnght at; fhese arc our two positions. Enburv& Erie Railroad Wra-' outi-n Thev are ttnneccarv. to-eth-r 'would act directly nron oar contract, by construct other bridges. This was a res-: utn- 4l',e mu wo woula be tua . ,ery low rate, it being impossible, ,0 - our location, which is ervation, and a notice to the Company ; of preventing fire ; and if cheap trau-,.rt products to ma, kct, without an I J llr ri vi wfcla mefv t Pt," Why Bridgeport ? f..r if it ded the construction of two loads from the ; M that the State has given s. The right which can not be found in our case, and rural cart-iron cottages could be erected in .TO w hich the price at that mi. kct wTvVlV l'5ut. thmugh the same places, .0 . of choice ... selecting a route, is a part of which was one of the tnain reasons that our tillages, there would be fewer fears of wdVnrirf ifVXlLtSX tLlirrrhi.e. mni& Johnson, Canal influenced the decision of the Court tn ' firc ra;siug? les3 to p foHnjU anJ Mil not juMif. , the lh7 of hcJ3 Th j uu,ess'tllugis,:lture in.; at the same time ?' The Jropositfou need, Company vs. R. K. Company And o it j the defence . fof fi com J lhe Ui(J Thus 1- at onrr, the benefit of i' question or interpretation. Ihe "rst e eav that ill but to I stated to refute itself Whv j has been determined n one of the tno?t 1 was that the State had never grautcd what ' h . . . . .Win ...l ...,.,, thing to bc done is to read the Statute itv tendw, ll. dld 1.ntd'.t0.."?.. T'V b'St t0 ..m 1 .v. ..,, claimed bv the Charles River Kridse aF"rd to Sb P" n .vmt'.i . . . . . . ,. . . , trna nnr. Til iim-n rim ri.'iiL lii iu hihitii ill mi iim; auum ctet luuasiuiiii. a ueiiisiii- i . . .. : thr prod ii ing and consuming districts. If the tjfnmuii'ratton is only occasional, os io fiocd3 which admit rafting, the arti- i . . . .... .t. i i .1 ...u;c. - t i . ... . .. .irna nnr. Til irn n n ri.'iiL lii 'u h.iiitii ill nit unti auum uili luuasiuiiii. a uenisi self, and sect t.y its terms tncre is any , .nT. ti... k...,,..' ... . it nld ,Wt .m-k !a caw since cited as authority br Mr. Jus-1 that it had reserved by fjsvcial and re-; structures at first, for they are the cheapest b.. -. i . ., . - .-- 'OUliourv. ov me vaiie.y, nine iuu cus.iue-. lure w uui.uusu iuai auum uu-m duvu i j j . , , - iguity in its language that will require 13U"UU i ... ... - ,.. 1 ! V". a i . ti.-- Sir in the. .Sm C.nrt nf t!-p : tented notice, and by fieouent exercise of in the end. more than the exercise of orumarv skill in . . , . . ,J t , J . 1 ... -. I iTn;. t PHniA nH.n t ; . rrn-P. aur n.ntv. t t rtrht tn fnn. ascertain ti wuicu tan Le rauca nas a va uc, wnicn : me lAizmmiviTC, wuien is iier au iue A . . .. Ar 1 - i i ..i r i, f . . ciininul - tl.iA Tt -i i in I i u liv soiiiA 1 rTr" n tai Aiiil riirllfA 1 It ulfLv He it will not bear only a few miles from ! principal and chirf objert of c inwrti- such stream. If it be a canal, open half; p"n: 1B """"T iSusquehanna Road was rcquind to go. ture have so doae, wo have no right to aiuing the meaning and intention of ;"on:uscr5 d. f.; an 'n t,iat casc "i a"7f .gislature, which is after .11 thc , Sunbury & Lr.e Railroad Company should , would do and then, and in that cage, the .; actmeuts, much less to suppose that it so in derogation ot franchises L UlltU UlUliJBi IX VUC Dill la V VUOU IU U.l j -- - - - J J --- - w v held that such a right of way, such a choice: struct and authorise the construction of j "fAt Kwockiso bciESTUiOU of way, " iudejiendently of any survey," ! adjacent and contiguous bridges that the I EspiAIed. The learned maouef (which, be it here observed, is not our ! Charles River Bridge claimed a right with ! in which some of our physicians occusiou case, for we bavc surveyed and located this : no " definite limits, no reasonable limits," j aUy (ltsiribe the symptoms and causes of the year, so many more articles can be I "J T ? Z,tZt, ' "t the Court are asked to say more ; complain. I say we have a r.gnt to com- very une men oy me ounoury c cne . uuu diseases in the Union Times for instance rt, and thus bei. greater value. If itltf' the following be a railroad, open . rt. yr, and con-! simp,e fashion having taken this section tdttpreS of S S ! K fan! the ve" hno we 4 Gill & Johnson We have definite, reasonable limits " -3 r explanation of the spi. veying produce so rapidly that even the a a whole, and not in parts what do we , t to j1,, cuarlcr cf tLe Susiue-i by survey, and which bad been dedicated jibid. "It is a prior right to which all ; and it i: because these defendants invade ritual knrxkings, which we fiud in an ex. most perishable articles, such as vegetables, find it means 7 VA hat would any simple Jhana jaj. for bat else could be by law to our use tbo practical consc- subsequent grants must yield, and any . those limits, and actually take possession change paper : fruits, melons,.-, may be forwarded, minded, intallieeiit, untoalun nyit f fc an jnt tation n.VEMK has been and will be the deteriora-! abridgment of the right of choice :in select- of our boards and our planks, to use 1Ue vny true and ligitimate manner then the products of land at a great dis- trJhZ U not S'chJS. tute be To" ! would thus allow another road to occupy tion of our atock, and the detraction of g the route .n.pa.rs the obligation of the the language of that case that we come Lf 8wuntillg fur the taps is the physio. Uucefrom mark! Wr a rrice scarcely kt .L mtaiiJn . ht ! the same ground, run through the same our credit ; and if we bad a road in full j contract," 4 Gill & Johnson. And fur- here and complain, and 1 which m that case 1 defect, of the membraneous sy iauce irom market, Dear a price scarcely construed, but the question is, " OLdllT , . . .? '. .. ., ., .... , ,i.r ,i,1r a ,lft.l ffi.rpnni In ttnnilr Imw was conceded would be an invasion of ...?.. tu .l. r .l .J . if rsv T . " a i HW U.? U t, iitj ra nu, ili ll i tl i. ui a sic r ii.V ; c.ct'aj .-. '''-""- . - v - . less than if the land were immediately ; it to be so construed 7 contiguons to the market. The writer has ' ute by its four corners. seen whole cars loaded with milk, for city consumption, sent daily all summer, from a distance of 52 miles. If then a Railroad is made through Union county, the result to every land owner and laborer is, to no small extent, as if Philadelphia and Baltimore were tor ii. inrnrnivt it ' ne (for tucre can 'n tu's oc Dut one "ne ! T!uble ruin and bankruptcy. The State of i)lain men-Jet u, l8Uch " the nature of the country) what has not done .this; the Legislature did I s-t-ii.vihlv nd not ' cIsc 1 sav could bc the effect of such an , not intend this; the proper way to con- after the fashion treat it plainly, and intelligibly, and not darkly and cunningly. And in this spirit of inquiry, what docs it mean ? what rights does it confer 7 what duties docs it enjoin : what grant does it make T Why, it is the grant of a franchise, de pendent npon a precedent condition interpretation but the destruction and ab solute extinction of a prior company, whose rights bad been vested under a sol emn charter granted by the State? " Con strue her acts is not to render the law so as to work harm, but " to try its right in tendment " by the import of its words, " not by the crooked cord of discretion. utrurtiu Inji mm farit injuriam." And j but by the golden metewand of the law, this is all done by implication, and yet so that no uiiscliic twccii a law that in terms impairs the oh-j their rights. In that case, Mr. Justice I indication causes the carttlagenous com ligations of contracts, and ouo that proda- Story has in direct words ruled this case. ! prsor to coagulate info the diaphragm, ccs the same effect in the construction and He s.tjs thus : " No one ever imagined ! depresses" the duodendura into 'the ical esocntion of it. Both arc void, j th.it the legislature might grant a new can language, bc plainer or simpler j turnpike with exactly the same location this ? This is our case in words, as j and termini." 11 Peters, G3l. practical esocntion of it. Both arc void. thnt the Legislature might grant a new; fiandango. Now if the taps were eaued than i the case from which I cite was almost iu And that is what these defendants bare I point of fact identical with the case we now j imagined, and now come and ask the Court j by the rogation of the electricity from tha extremities, the typanum would also dis solve into spiritual rinctnrn, and the ol factory won Id foment and become idecti. within ten miles of waggoning distance, j,, . What is that franchise? what is that the law says "such w,pl,cd repeals are law upheld an Every product of the remote farmer or me chanic stands a fair competition with sim ilar articles produced in and near the cities. This doctrine is likely soon to be exem plified by the removal of a large brass foundry from Philadelphia to Lewisburg ; the productions of which are still to be sold, for the most part, in Philadelphia as hitherto. The project of such a foundry iu Lewisburg, is wholly owing to the an ticipation of the Railroad. If the advantages of such a road were to be confined to great capitalists, it would be their province to build it But every man, woman and child in the county is to be benefitted ; and it should be built by s combined effort of all classes. Indeed if not so built it will not be built ; for capi talist; m this region are few, and those in The franchise is, " to form connections by the way of the valley of the Schuyl kill," without let or hindrance, without restraint or tax, without limitation or con dition, because then, and in that case, no one's rights were invaded and no legisla tive grant wantonly revoked. And then, "as hereinafter provided, by the way of the valley of the Susquehanna, provided, that if the Susquehanna Railroad Compa ny shall fail to put that portion of the line of their road under contract between Bridgeport and Sunbury within one year, then, and in that case," what case ? why, " then aud in that case," if the Company had the power before conferred on it by the first proviso upon the payment of a tax r a proviso which, by the way be it remem bered, never once gives the power to go by the valley of the Susquehanna. " Then, and in that case," the Sunbury ft Erie naiiroaa are authorised to extend tneir tbeeitiei are at bo loss for profitable in-1 road from funbury by the valley of the - ..... r- , . . - not favored by the law, and they carry along with them a tacit reflection upon the legislature that they should ignorantly and without knowing it, make an act re pugnant to and inconsistent with another, and, the repeal itself conveys a reflection on the wisdom of former parliaments." Broom's Legal Maxims, 12. The best method of interpreting a stat ute, is by referring to the time and circum stances under which it was made. That is not only the natural method, but it has become maxim of the law that such is the best method. Let us pause for a moment before we conclude this branch of the investigation, and ask what were the circumstances and the times un der which these laws were made : In 1837, the Sunbury ft Erie Railroad Company was incorporated ; its franchises were nearly gone, when brighter times revived it In 1851, after twenty years' struggling of men of public spirit, a Rail way is chartered to run down the Valley si 3-- . - ...si,i.i .i.on ;n .1.;. tl...:. ;i.i r. . , . . -v. I Way De done, but the juaveuuaer cousiuerauou. "'ru"' , .utJ,C.,, tne ptgrnentum. .Now, this 1 1 mens riguts inaintainoa. ; y inn u.ui..n.- ....... ..v.. . ....fc. ------ . nor. me case; in order to produce taps. the method adopted by j m the Supreme Court of the Lnited States ! it was conceoeu mat een it cou.a not be the spiritual rotundum must be elevated als whenever they have been j and of every Mato in the Union, the Ire- sustained u me t.onsiuuuon ami i.-twa of dow ,0 tbe gpiritua ,pero. But as I said And this has been judicial tribun called on to reconcile conciuting and am biguous statutes. Jt hs been ruled in England, in 4 T. R. 24, Williams vs. Pritcbard, that a tub trqnent act of Parliament will not con trol the provisions of a prior statute when the " intention of the Legislature was ap parent that the subsequent act should not" have such an operation. There, " even though the words of such statute, taken strictly and gramatically, would re peal a former act, the court of law, judging for the benefit of the subject, have held that they ought not to receive such a construction." Here we have a statute, as I contend, unambiguous for if there be ambiguity here, it is not the fault of the law, it is of the defendants here, who put this discor dant reading and glees npon this statute, a statute in which "the benefit of the subject will rcj'iire that it chould not be 1. .M n.if . nf vlnl'lti. ! A F Tltl-ll 11 Ut.f tlUfl Illlt Tlrf! V 1 . 1 flf! mill 11" 11 emu grant, and cither by direct or indirect tion to them, and the Court, iu its decision, means impair its contracts and wantonly ard counsel in their argument, invited and without sufficient cause revoke the I them to seek their remedy in that way, franchises conferred by charter. I say it j and in that way justified the Act of the dare not do so ; and if through ignorance, I Legislature. What compensation have accident, or perverse and wicked exercise j we X nere snail we go it we are brosen of authority, it assumes to do so, the law I down and ruined? Who will pay us, which alike governs and protects all, and 1 end thus justify this Sunbury ft Erie R. of which vou are the sacred depositaries, j R. Law 7 e have paid for this law the law " whose seat is the bosom of God, ! our tax for it, according to statute, was whose voice is the harmony of nature," paid it was then spread on the statute will interpose its authority and blot out j book, and our rights then vested. It be such a statute as a tyrannous usurpation, j came a contract, which the Legislature as a publio outrage. I say there is not a State in the Union in which these princi ples have not been over and again affirmed. I can give the Court a " bead roll " of au thorities to this purpose. Political and factious clamor may assail the high moral principle thus upheld by the Dartmouth College and other kindred cases but when could not violate. Besides, I must say that the Charles River Bridge case was disputed at the time, and has ever since been disputed. Let any one read the opinions of Mr. Justice McLean, and the erudite and elaborate protest of Mr. Justice Stvry, m before, the inferior ligaments must not subtend over the uignatorum sufficiently to disorgauiw the stericletuiu." A friend of our, who grsrlntted with distinguished honors at one of the "or thern Universities, says that he must dis sent in toto from the idea that the "de pression of the quotendum in'n the fist dango " could, by any poeibily, caurt the olfietnry ossificatinn t ferment sod become identical wih the pimentum. He says the thing cannot he done; aid after quoting several learned authoritiee oa the subj -ct, winds up tiie argument by the remsik that ' the vibratory motion communicated in the tunica albergcni by the parturition of the areola - en.-otuauy nisiou-grat the V'ca thst case, in which Judg. Thompson con-, fluences of the epicav-' r-ncardio ia. --ui. air.i , .aaai a C3-
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