SLOAN & MOORE, PUBLISHERS VOLUME 26. THE ERIE OBSERVER. pt /HE', I LRF rt RDA it 811,1 J, r..1•04‘ ii// 11. 11. tIOUICE, NTI; , crr A \ @EI SLUA•', Eitit•r Tiara If 141.1 ut a171.-1` • :40! u r . r i,. .• Anr su'ssentwr Nulng to Fa, wrd.in the par.r ..f.ottru,l cle the 11(4 tthl .. n .r..; ont :Ler TEP3t , AnVFl:ll'.l \ tar , " ttar.• ' I 2-, • .2. c/" 4 .a, unwire yeatr, c•ltaarsai. at poatur... $5 • Squares-4 u1t.1.114, Id, 010n11,4, V In.mtll-, $ll f,o j 1,4 =Mil 'Lx) C Iu .Idi.a, CIO 3 •••• 2,3 i v, .y"," .Dos I a I &pl. • r sic. u.' , 11,1^( 4 el:tt. $6 Ed.t , "tai R hoe R. .c 1 P 0.1)... hr. I otijall• .10N ,r : • .• LA • 4►n{M la. ttu-tt is 2.• -* sr: •I'' .1' ‘,l 1.6:nl L1Ja..10 , /, 2,110 t • at_.', •ns, spar-e. the chart., . ,•. rtb 'lt, s.ea,.. trip .aeT•..rtneca alstat 2.4•5t. - htt.; C4 , 4:“1. 11. , tn." ~.:tirtmst • tousort.sts f Ult 4,l , eft.trr i'at num:a for trlirtst-tat iktvertttuttneuts rs.?ntt , sl , :rat. r , -tr. II girth 40.4 /I. rs.r . ,nl w ti• !rt 11,h, von: , Sthrt.rtinfrltlents, Pls.,: 1.14 tp BUSINESS DIRECTORY WitekTHIAN NION Tt.LEt:lcArit. (Pr • , rne.l I hes 1 rider the of tb Yes 1 ors and .11/1.1.11- uppi t 411.. Printins leleemh t, anookr son't Hoot Nt .re, Park hoe, LI I, I'll CIRANCEI kiI:LBERT, W.rli Hustles, EiLiaL/1.1. , 6e , at Tenor,, ant ffroigi lfur tei 1..• Dn t.oocto, No m ar k, Met'ILIKADV, & Bet Nowt:, .Heraelrs Late, Censer l'.. Dlrr:atsake of rnple keine! i.amphohe, eo 3 uG p r et. Al eo hoi and .N I. Hum. 41.0. Hanufartu'ers and Dealers in the follow artac:es of the best quallty, offered at the lowest martet u.. 1 Burning fluid, 'pirits Turpentine, Tar. Ptlett, ft.wa, .Soft and Hard Torrent:test Brieht Varnish, Cent Tu. • and seal Stooge, of ever, deseruntl.on Tao* Barre, bultiler 3wal _ GALBRAItH 6C DtVENIIN)II.T, AtTORSrTa AT Law, Udine near, opposite the no.. C , / , .'1 Erie, Pa Was • o.l.ast.lurs. 33 • A DarsNrosr DMA. BEENE 41t. DRAINNON, ff.r:sn entered alto Co-partnership, would reap,tfu,le rifler their proem/roma seretetes to the dUZacts of F.rte rtoo. tem,l., Lap, • la. attention will be thou to nhetetli•s • Villa. . . BRoTett k, in t•rooorios, t'rothiec, Sal, Fruits, Nuts Waft. NotA, 13,0u10, 1 . '1,4., Wootton, Wlllor sod Stops Were, ke:. Terms Cart. ?nee.. ',ow No 4 Wniht's _Blot}, State Street, 41 doers aro*. tie Pat Utl3.-e, Ent, Fit S., LI TLE 411.: Rt4HYlloltr, F•11111034.11/JI iitilmalaST 7al Linty, I , t.tusro, • hoo doom loon of Stabs street, Eno 3.3 . . • s, DILLLZMI in Stremi, ktras. kod iron Were 9tato street, two doors north o(( B thane, Office, Lne, Pa T...virta. — Wahl% rrtße., procirrintzslitste suert, bet• ern &;tvroth Led Et;bth street& lane, P 4 Mannfactures to order, arid also keeps constantly for Ws iota; neperior ap ring latrentel mare upon a new and ex• Lisdient prinup Sea Gnu Matresses, Hair Hereon.* with Lod .;taent sprint& ltc Priors rent moderate :33 _ ._ • BARTON UOLS/4 C J.csaos, Proprietor %Voter Snort, Poonsy:ro Pnoeipal Sue Vince _ _ WILLIAM 113.ORNTON, Jrkrici or rnE Pc.Act Derds, Arreements Honda anti )14rtgs• cos, L.vata. ac., &btu rata', sad Parr/441/ cfrite-n (re ee . , r , Wnglat • Block, otete street, bne . P/1.. THONLIS 310011111114 D Nwrsay Prattr, grid also attend to Drawing Deeds, Mortgages, donde and Otter instrutoenta of wnting (nßre an Select C ,, UL/• ROLM, Iffiett Los worner of Flfth au i Stitt* etreet 39 EMPIRE STORE et. Carertu. t Gtsisots, Jobbers, and Kottd Dealers an every dear onpuon of Foratirn and Donsosti- ',Fry , aoods, snzpistnnta, usl Ciattss, Int. No 1.3., 3tlite street, , urner F tRb , Prie, Pa taws 33 Ws A ~4:1! I, OLD tiTAHIt & rvirms., 701WASIDIN0 A ., 1) CONNTS/10.1X1tftcgAym orcers in Coal, Fun, Salt, float, Water Lime and Pluto* Yonne Dock, eut of note anew% Erie, Pa. ltmo. Alias CLARK Ar xercirt• — , aILZMUIP marl L1C114.1.01 810/114, Erre P. Intense allowed on 'ZOO deposit/. Time and Sight Draft:i. Cheeks and biome, un- current nosey sad Land Warrants bought and Cox:err/one nude on all the prtneipa: cities to the ("tatted =totes runn,. nutted t„. Europe on our own reepone&b.lity 37 liiiNNEDY 4c lititirSOLD.., theatersro to Goitioell sal fleawort Wito.asAti Asa &LIAM. beaters in liaattirare, (2, •kpl.., tilikadmarx and Saddler., Noil,ll and 12 Elnpiri Block, tor,: a 1. 11*b and Ytsk. start , Erie, At. Z Roatas , J ItlicarcnT DR. J. L. STEWART, PUCTIIII7O Petelc,a.Y AND SCII(.to vmre Stewart s Drab tore, corner n ! State arid rent Residence, Seventh st.-eet, on• door east o• t rePt. 33 W. B. 11 -1- ISH'illOitE, ArfA CAterrrial, frathltr, 1r Johaunt, ..iroßrno4l.oo Jobbers 01 Forefirn and I , )mestAr I.r. ..004.11, Nk.ll 1:4 and 154 ktrooray New York WILLIAW Ccsca/u., Krrno H Joamhorr. _ . U. B. HialtitSTlCK, Lariat kftLta Drrot, and Retui c-al , - I' , Veal, orntitid Feed, and al/ kinds of (mug, east side t tC. L., 4.1 c 4 7'iate, s Black, E rt.. ra. - GILL CO., riLAT • ST , . Cnill nue !luta or., Au Best •'s Stick, llorth lid.- u, Public arr pr , pa, d 41 44 tortirt ,.. ntber , ;It ..firn• sak_ aux% w•Alibitto.44l4 l tb 4,11.1 . , and ti-a. ft•TkittLEVT ('O., Nemtadttradtas of ( •pper, aud zat.t Ir a 1l axt a doleu.a tad rvtaa, carper of kma.tt sa•. F Lila it •Ittt. "rL • t . I 4, Mfr. lintel, Ft le, Pa. Every arta,ls to lee s.wsa t tog•the watt an %kayo,. so. ortalent ~f , t..% Uld laltar rtebathi, ite All lunds of ito.fttlg sad ,pvt 1.14, t I CCU Led .1:4 nestn.sa wad thipecit op rtlaVaxpip t 4 rts ----- CLEALBNA & CAVtiliEr, A sot/ KALI C.:Weittn, oan:1 Ovausta Lkwinit:c ekd Imported %%not nod Lu t uots, use auger, loboce4, rult., I am, Olt, sod Argots Wttaca uda.V Aw Nu 7 ilooutil 1.1.0r..14 strenst 33 Wy, 11 CACCIIIT WILL/AM C. WIJILREN. JUL' ILasauut ar.d Pea era w Ed.chaz,,r, 1 Arr,..rimui knock. CuDre• Ilona mode Ns ill the PtitlClpll.l eltlel of tae Luitod d , tatts bud Litamigha, and pimeimM promptly remitting. o.ld and aura tmudlti and Wld. 14terast pawl ao .itne peptlettle Mo an remitted to Lan, , Lad Wbrnuta tou t rat, ao,d ado. locatednu the 111.44 MIMS. ALLEN A. (..'KAIG, J117:C1,1 TUX Ps.cs, Othca. \ ..cutiC !Ivor, !lat. street, E. H.ABELL. Sactzwier to wa.timok vatras Pabile .11wire, jt.e ite e d Ho um sad 8r•.%1.i Hutt! rictutt• tAlie:6 au We onot •t , It I I 114 r t•r my Wielinta.ed not 4 tAdt 3.5 L. W. OLDS 4.7 l'O., Ilastr TreJ and Nnoitas.e ao4 Uttar Jonlen is Well sod Cu teru Y,.mps Of Superior , the cheapest &Da toot no- 14 use, boi, on lieelflai street JAW Y.sers. cr aquaclact for carrels( osier ler Wm. - , &ram or a...echos:lice/ purposes for osle cheep SS G. HERRON, (Sseotooor Bane. 4 41errosts Waolism.lt &ad Kew/ boolors 11.. Drugs, 11.dlooto, Patoto, Window Moos, Dye dtdds, tir.isaws, evrf..rtoetv, !Inc odo.po Lad became t itadlogo,".• .1 Mood Allow., !At, PO, ai D. D. Vi`4l..kilit cO •o }01•411,13/0, Produce, bad Cbribraulab , a J4erct..xots t6urt.l2 Ware tk.uur .eat of tlaa rubbe Birulipe, Er A.A. uustlora .0 ba.t, ?LaMar. stucco, lakodu, &Ad Lime - thue, &I* LaStiNplh Cc., wits unimarirased ladlitm for sulipplug wituur yeshaabosta, Ynsprii/Art, z.,^e-iwooars, or by Aularoact VrAi.CIAL 4.3 Tli .1.1,..41eNb Lat• y Ms /rap (i. (Away # Co 0 1.144,53 W Clocaik .1 &temps, Amt.() zpoogs, anzaaaata, Looluskg Lop t Aar: , wow, • avAsale .6114 retail. .$4 LIDDE.LL; mateLER, & co., ILacreotwurar of lrou rr4rr, :Massa itotkr• Vault lire Pura =guars, uut 4,11 kWh' geelatoer;l4.l rwr. L•at- LAE% kt., doo, to .cadet ______ M. MVO, iwk Rumor? DlM.?—Ulric, to the American itioea, corner of Aim meet sod Übe I's We 3.4 gars, up 3314313 Priors mossooole, sod all • oen 1., areanneil. 34 I V - t • at_a Laroaraaa, Jobbers sad Italail la-a4re it Wei 4114:1 Dry i.rocann, Ptoriaaaa Produce, loretra and .ioax %tic F ruit, N 0.14.1. qt, and rltoN Ware, dour, t isa,zatt, Wain. Nail/, h. wart, .tint, oaY7 Vase, at., ar... ?relict' • Stmet, oppoute tbe Rouse. Llna. Pa. WILLI.tM $. LANE, ArtoiuisT Aso Cot:Tsai-oil • T Loa,— , J6.+ o'er laal..p at North gait comer of thc Foliose square. .14 M. SANDPOMM DLLSU is GOLD, Nina; think Noise, I.ertioestel of risfiGait. es. e S ISAI ° 110 " 11 V on I". pnec , 9 4l eitirs etalsisouy 9.0 r L. as No. 9 earl House, PO:4k Sy's...a., En. 33 T. liktWON dTCAII+, %maims aya hursicu.s.— , Akx, stmt, a bw doors Goa al Prima, Basidsaar, .rant, ow r... }..n lto , kid Apollbacary Hal/ 4.1 Dausis V tagglbb,, lkirsuin and American at:Owe and I utlery Aka, Waiyi, Aiwa% likre, Imp and Moat, ‘• J Uwe.: /1,..ae, trig, U. J _ " }3 a 4 a• rte, taw. of itito Arrrt, t, Ps - J. AL aNNII.ON, cH tL 4II — .4 ll l4..tattowery, aloataly Mairsainst, Cbaap Publita• be ' " .et wspaptrs, Gold hum, Porkrt t utter', ke neat door irset a umße a d ant. Sit _ BOOTH titTEWAAT, WaroLallui and 41.1 La t .k. r . 4,4 staple Pr. Goods wad tort*.en tas llama tialss. mat 4.srov a's Hob: Gkiiit cumun, Ar l"-' l7 LA"'' O It Collect4..th• ottwgr ‘okalues.l43.l“). ...4 to 'Nita p,,,,,topti k se anJ 41qatcr 34 - - -- - - J u uH 114. ILL LOGG itlit•4l/410,0 occamissi.o )ir, Lard o•n Loft Pu 611 • 1..-Kll. .m 0 erataft itrort t. sail, %lute bak v.witsptlY kr oar _ CAMTglit is 11114 . 1 111101, 11/"Laa," "a Im.bal DY.,..0111 UtdlNb• Piki 11* 1., thus. , ita.-d • OHY Att'f,EN 4.. „ MI DR. G. L. mu - ort, ..- mum" SAMlie g la two II a..... bat Dirs t iiii," 6 1 / Yogi igemsbr i .1 ERIE WEEKLY OBSERVER rn.utts, i/ .54r. v VO rink. 0 , 4 -MT . 41 . L. :; . tig 13 00 IPSEIMI • JI.N3Y Jr 1)444.,,e0) , JOHN Ktick JAs G PA TVI J 1% Rt.% vuLDII ILAIILLTOs WMALItT ILL'SRMUILIC I 1.14.'1.,•' MEM 1 4 . - J.. •• •••*•••• k. I hi v ., 4.1 GEORGE J. NORTON, FOR.•Otb:VO and t amtenagtoo Merchant, ?table - I. .•s, -Jut F MA, Fleur and maw l. - JANES C. .11A3t5I1A1. rr.,rovr AT Late if •ust .tst..treet, En.. Na _ TIBRALS, RAI ti CO., _ In Dr. fen•Atet, Pry t rocker,. Haniwire. ke,„ N. , 1 tin.nril a iiotti, ,Enn. I'i J. W. tioCui—ce,s, Lir AT wlttl Becoa„mm Grant, Ea , / , Park 11-,•, bet.., Howie mod Etrown'a Hotel, Pr.e. P. 3I It. WRIGHT 414 C'O., BaXatlla, I o,lector• and Ikx/ent lu , Add and , i'orvr U ne ur n•nt IlotieT. Land IVarrenti and k.ert,ll,au, .)r Praha ou two pritleipal etas, ut tho Cann, an 1 al: Im^t r f male , Alll,, ~m s fi, Kti-ru.r fiat f etrv..t and eabhe Wino. t_ is It muter. I p UatLtr )To the Merchants of the West and North West PIIII anstesia. Janus'., 1 1.3:.e ENTI.KAIIIiNI^The Ra.V(Mild Cotraist,olratv.it FL% Ica, ,LLl,,zaroatt and C•T tW24.la Ivßnr , ottlpiet.l„, ~ r., . .a h t Rueter t , . !Lis market than t \ Ihe pr,v, .1 ss, to be equa1.,,...5. Thensfort. we, the kit 7 1' I:}it.itS, Jutilik./14 and F PF. tl.l,ks, attention t.. o.r !Larks.: boi...ms mute intimatel. a , o,taa•rnl t•P •h• , a ~ r tlott of sour petiottaare ati1..1,1245.,izin64p t OP ,I.neclea an ••tuluni,i n \irr , tuanta, 77. N. Water street MMME= /IP-HAHL):")". a CADF.., TotAar. , ., •;nuft, trot c Itra . ll. P. 4, lth Ottrth strwet Hi , HMGIIEL Pisin 4 11.101, 1.1 .ru, exert HILJUL F., Pk.% NoCK d Cu., omit. awl 103 Mar Let at H HoIiTSICAN S. , rth Thini linP"rt.ra or Military' i.k...4A.1.11.1' Drroa Trlnautno. nrtoun and Blind Tnwntnga, earralge Maiw.ni. and kolralua. Ar • • 4 WEARI\ ariet. and Fang pn ()Inds. 165 Market strvot N HITE. a to., Manufacturer• •tra•, Ruunst•, an.: 11 /if toxXia, 41, is•rourt stnest. W t W IRRtRTuN, t successor to It if fi•u.r,. •thicitiA6lr Cats•, kc, 134 Ih.stnul street 11411.r' t t fRu ., hapnrters sod Ilanufsetlres. of csepetthrs and lth*, 252 Chestnut Keret SLEEPER tt FEN NERpßnoutzetururs d P'srasule in 1 morel La, PARitrivst Weed PRATT Impuntrs ut Watches, Joredn, ►ud I ai,cv Goods, 10 Market street Jamie% EAREIER Ilanutaelneer Oold Nu, and dealer to E. corset of Sec. , ad and Chestnut street , ' etru.s. k LANISL., ILuotard,cturrra ,4 Paper Ilaapncra, ite , 1.,1t Arch J H PERRY, Pubhatter and 11, - . 434,1101., RN Marlo 4 atr....t riv_LET, iskorftEK h Cgi.,HarS•rsr., lde wad 171 Marie< p wit.sTncii k CU. , baddler) and l' , reh Hanlwarr..l44- rile and ca.rnare Trunm.aga, FlAro.es **audio(, A , \. , r11.1 Third Atra...t N TAYLOR, Tin, Plate, Copper, Sheet 1r n, t• , 1 awl .; Branch it -eel LEWIS, JAMES k CO , Arnt tor L.wli Pan Leads, Purr Ztnr and Arra Colors. Also, for tin. &sir of tht.lN•tinsylrastasz t Manursr tunn4 Cossiekaki Ls r, a cheap suLtattutrm for •iods and Pott.o Btit)WNING 3 MMto, dtt and S 0 }-rout 'tryst, Maziolartureos Ertmet of I.N - wood, • Wood", Dye Atufft, NS ke Yit IArDEN, tr 4 sari WO rt-led ritrerr, Manor:l,f I • Mrs Mumma& Firma, Caruphstrr, Alcohol scat Sporlt, Yurpr.nt,ne WM It t;LES, Prrforutry, Fa u ,r tooobk, ltru44ls" Art" l ". 20 c }'.,arth chest, JON. !WA LOWPLAND, Large Gilt Frame Stlrrnra Pitcuro. Frame, &e. :r; S Fuurtt street. xyHos, . 4 A gO, Ihs,tuerreutype Apparatus, Mates, ke., 11S awn. nut street JOHN A. RIDDLE, Tneettog Agent ♦t Rerebotts' Hotel, N Fourth it Yh Jan '..% —Zru.l7 ♦ Baas , 'torus. o ld Y later au4 we lk 111 aaree. Though a stern and frowning gate Ü be Cr 1 SG r.ll/I'..)ok,trut winter and such snow Ito we Wive had fut L the lest two months wod dbe a rery , dewier affair in•leed erittiOut the Western joseetedia. It i the bear Elevated ..tv.n Cooking and Parlor Stove to one, It consumes lee, wood, bakes better and I. ehraDer Iban any other wove you can get. rt...) eau be bough( wholesale and retail at the glare of Sk. Y Y Err. BARR. k State-Street, beta eels 111th and 11th ri 0, Crle, Pear.' 6o and see them Erie, Fenner) 901,1936 3$ BARBEII * MALLEY' s Self-Einpported Lever Gate. a valuable improvetnest Faint date., I , r hieh / a patent via. Vitiated to it.. suascrl IN it Mar, 1 , !sib It rOMACII4CII the follow rag valuable proper'''. —lt a coare ,, lent, durable and eheap. Wtien closed. It rests equaiiy upon the hltiles•nd latch, which ,a stationery The ni,teriatd of wash it Is commuted may be therefore vett I.th I /1 t• onf Ital , :e to rag The horizoic.al Mir. work in a loon.. moittee, upoti a pill in sty les. thus Mattis** hints or 4ea,bty Y•.tit• that the front en.' of she dale may he rinsed ci of the Ssiefi, by drawing beck the upri ithi lever, and it is Rept in this 1,0 .ition by the rod that eltends from the /05 er r',.l bi the 11411 dle to the top of the style upon which the hinge. arc pored Tb. 5, normative so cosairwesed that lie gale eon he r_,arit agar • ly two he,, or more at ptensuro. ibr the fseirpose or ntWisriair small a n io pa from one tSrld to a ....ther. while Tarter ones are 'entrained All diffitulty n, regard to snow are also by this mean. avoided, Th. yr...A utility of Goa tt. over ht.ivtull.•. ", relllr 1, ,t that it 1♦ .pr untitrurtrit that II itityportii ,i,11 . 11 r;t t i nottlithlt , 'Ake Nee, Il i•eiiii•irttrled in •ut h a inithorf 1/14t it ra:i hr easil. opened and Closed. ap•) be wade to pa.. ratdllrovrr.now drifts and plNot, okyttlfUelio. arAieh would reader other jaw. Inoperative The eipeo., of getting up a igt.te atter 11. la It:tient wilt nut r %teed $3 C L HAROIiN M BRAILLI Wa. hare etamineal .bleaksr, Ilarsea k tiralle)'• Gal.. and Couvidat la well min•lnl%o rrer purpose designed 6ItAINI4I) k BURR Wt; E. POI tell t in• Mn...+ II & Ita•lLay. •s an univetbriablu r,ror cy t ,, ,tune (.4 the most iwoortant imprueementa a prael...•l devre, I vra • huh; .e.l iou give your .• ft ELF-81 • P TIN,. LEVP:R I.VrE" • i•tyl t• very Irtrbt and "*.i.? eh,l4, Pa.• , a over ohltrUel:uoil retold) , by .1., rpe..„e. Or lever. and nOt liable 10 gel out of order, 1 Luke pies sure rt commending ;134 a valuable inveittiOn. and 0.1, Sy eit , rn ,, , Whet ,. d reamni. t and eCOOtttet are 4.1.-et, 'Stows:R. 1-35 BlitstV.,4 •VI u one of ilareen Ar Bre [rev', , ("•,,, w• fur Ole ria•l 1 ear I lake great p:ek•ure ree wlr Orwft the rimier. Of or, fou nttir.. a (le, fa . It ra,(rir•erarei .•( 141- ring the deit , p soon of last Wrote , . Ow Prarueal op , r., LA in of I lie gate %IP apPahelaked, a. he Nei , uOt CuUureftrd to luftt .40 d thorn) know when we wished to I rt,(rr lul Berlin. II .JuI),ISSS r SIVIP 4,04. 1 Th. home .Gat►" lIIII' 1.. ...el. L. "'Cling at kil, • I. 1 , 164. I e nt.C.... 1 1........111ft rlNer Wt.() low 41) rar,rr tor trrr 4,,r (tit *aloe Or sr I row u.hfp or i lid ofidual niters fur Erie I %Aim:, Etlr.Eo. 9 , 1 4 16,tr.-4 E. I. MA 4 IN4 .* -- -- VA :WY Haaaetr. urratan mod French Tov• and thous/bad ' th nip for urnatu.t 1. very cheap al De , i KF..NNl'Ariglosonic. Ayrupil, for Coughs mind Cool. N., reer 'veil by 1/171TvN t. R RI Or F:r.e. Lk".'oaa CA:NI ellOit ICE. an excelient arucle tor chapped -, pa. nand , . or face. Br itTatti e t ills iatiti its. - - - -- - - I L I KI.ODEONS of Me best kind may also be found at 'd A NN'S 0 1 Music Store, .G" at prices Wet will *stimuli ' , to A iaci Sheet Nunn ja i Kr,e. Ja n IP, 15166.--36 I ri Age lIA ERF4 I I, Iloilo.. ferWite tq., ,n grey IvaCieg - v at the N. , ratore in the Senneo Block. WILLIAXB AND GT/lON'S 1 1 48 4 Ge OLD BLACK STAR Illigigig LINO OP P 43" 1 . rAsigAGI: trOto ant part r , f' (7 real Brit, in and ~. - (41ri:Ianydbol9;:kub red bed i, a ir l .e t . be sda lo ili sr n ee t r t , ri.... 7 , lb v le ... rate i . t h o , , ew every re lowilm m agma entahips s fik lulls. Tonnage. Shape Tonnage A urtralia, ISIMI North Arerbea. hall Arabia. Hun Owerr a , 11 on uoireterrer, Me <into. Ism fhown . 1111,011, /MO Robert Rena, 1300 Lille f pr lIP. ill slraboga, 11 1 . tiny Manor, ng, 111110 llchughampta ~ 11100 George Waiiii I ninon, low Twowdengs , 140 U Jacob A Westervelt, thou raieempe, 17011 Irene, IMM Vanguard, %Ulu John Bright, Isis William A flairbeck. 13 U Licuiaahan. IN° Chummy, .1911° Marlow°. 1050 New Snip., tr Toe °hips of this Line are the tamest aad; swiftest to the trade Their accommodation for pommy ire are unequaled. and the frequency end punetuality of tain t departure Oder no ioutafaes to me entxgromo s olicrt tu be had by any othe , Line of Packets ?loch pormeuria a. ileclion coca isa on. the money paid for them will be proMpil• r, 'b o d e d Wit how d iscount 410 erflallotilltoi pliamair wilt be 'mono 1i ,r coildrep s wift ,ig v.,. of Age Joie. •reoncoanied hr _ an ado it who mast be paid for on the sante certificate Starrium dr...irons of flaring their fries de brought oat from Great Britian grid ;Wand, by the Sleek :l ia r Lane of Packet,. can parehar•tackeur at my 1 /15Ce (grow a red thus meant to them that despsie h cad good innalaies I for wit lic h the 'thawed/tip are no4°o • Drafts of 11 and upwards. ow Great Sett"' n„ lea and aadie7r. - maim' may be procured at this WM.* Übe pagiu•-nt Of which pi guaranteed without Oiseour t In the neatest Rant. of the par lees in either to the above sassed eoutotrlin. RI , HARD irfiltlEN. Aim it. aren't of 1 t b •ad State ht MOS. Erie 11•91 119. 1164 . lyl9 - _ _.....-- - Athausi,,trator's VOTICE is hereby gi•ea that lotto of administration 111 hare been graatted to the sulaserthera on the estate of .meth Jackson, liact.,. late of the city of Erie, deed. All perry.' indebted to is id estate are reneeeted to make im• mediate payment, an d a:1 persons baring clams sigoiort .aid estate are reqseeted to present them legally authenti salted for irettlestest MARY F. JACKSON, WM A. BROWN. JONAS GUNNISON, Admen. Eno. January .116, 1556. Rd" noT • Itiong So to 1100.) FERMI 111 CHOCOLi.TZ• frALTLA. SAL.LN Cr Ca.', ~woe. Preaca, iiewspefase. mid lowa a Chocolate.. Prepared ewes; r Wasia, Ceara Poem Cheat Preale, datalles, Haw a pellet t earl Molar Caw* Coon Mae, Charted Cara; 4.e. the •I tN 114 E Silas% futures to whit , ' IWO premium . have here 1 • warded 67 the chief 111.110 t,, and Fair. of loe eel ;On ere ogeetgght thrt dor 'Antares taval,de ae4 ' , croons to bee jib I be) aloe rattier awe 110,10 u the aerrou• teweaf awn .l.a el 4. vole lie us eof tea or eoffra, Nod are rec.. enstersded by Ire• Werree. is , Itaos. liaiwred. War , exit Ada we, of Sopron, •sst 6. onsiuctsil shraretaes elsewhere EiMiaiMEill U. C. terraasr Mew Torts altar,* Tereus.. Patiatieipeta, Toenail V. hau. taloa. lialtlaarer. Raasarr & areicer.eia I VOLTVA.OAKBIt . Dorchester. Rasa. Dee to. Dn. t a ; t.V r.lt rt..Aren WARY—Osee as Tatule OpeOul • besot 'J aad Tee el aeorts, Table. Desert mite Oyster refit. die.. a Vow figures to dm Eavirr harm* --41 Rot:CIA IRP,II El) Y a airTmiLurs. 500,000 STATES WA iirED • wave 41 .1. 4.11 , 11 plr. f ktgAielft 1 . 1 .4.4e4 Of sail 141 414/411 fur II Co yr 14 / 1 4 O($01 sail White 4,41 it iII'AVIIII. tw kttlb •str tilllsomfors. wigs dolitrotodag bat 4 04k is Me, 0J use, 44 lambaloug.4 loam 1 , 14 e. faa Wing gigot sei vi th a scali MOBIL OM. bi1i.,141 IatINOMINE. • isebes .141 E IRA_ *Ai 21.41 Lehr, dot otthol, 44 to« JI aim Not Of they w 41 , wt. W. flate,•ry 411. t... 1 4toua ow a. 144.11. Ilflt, St ERIE RAILROAD CASES. Cr. eland. Painur,ll. old Alhiabula R R C. The Frei.lin Canal Company built a railroad from Erie to the Ohio state line, and its charter being viol ated. was repealed by an Act of the Legislature, and the road taken into the direct custody of the public abthorities of the state Afterwards, on the sth of May, INA, another Art of Assembly was passed, giv ing to the Cleveland. Piuneaville, and Ashtabula Rail. road Companr (Pirorporsted by the state of Ohio). the right to ure the road upon certain conditions, and for certain conaideratious. Hy the first section of the Act, the Ohio Company is authorized to causer-wet and ass a railroad, with one or Wore tracks, on or along the Franklin Canal Railroad, and to connect their rm.road with any railroad legally authorized to conic within the limits Of Erie city by the second section. the plaintiffs are authorized and required to purchase the railroad already built, fur a certain price, to tm paid to the creditors arid stockholders of the Franklin ("anal Company , and by the third section, they are required within two years to extend their track to the harbor The question now to be decided, is %bather the plaintiff■ bare a right u,ider thin lass, to connect with the road built by the Erie and North-East Com pany, Iron the city of Erie to the New York line INIE=IIII The authonty to connect the plaintiffs' road w ith any legal road coming to Erie, is expressed as plainly • am it en II be expressed in English, and perhaps no known language could furnish apter words' for that purpose the construction which it is the duty of the court In put Upon a grant like this, is indeed strict against the grantees Hot no construction ran be sharp enough to withhold what is clearly given Bee tore we rah deny that the plaintiffs have the right stitch they claim, se must pervert the words of the law so as to wake it asy the very reverse of *hat it does say Nevertheless, several reason for eorodpi lug it away, hav e been offered on the part of the city It cannot he denied that some of these arguments are ingenious, but to say that any of thew are plausible, could scarcely be just One point taken by the defendant's counsel, is that the ptiaer to connect is given in the brat section, along with the power to construct a road, and the latter power oar not used, but a railroad already laid on the same track, 'ens purchased under an authority given the seemed section, therefore, there can lawfully be no connection Oar &osier t o this it, that the power giien o. a general power to connect Mess road, and that is literal() as bat they propose to do. The road is theirs, abether they built it or bought it. The tact that the words going this privilege are found in juxta position oath the privilege of eonstruettoMi does not wake the eiereter of the latter right a condition of the former The argument of the defendant's counsel has a good des/ of minute criticism nu the various provisions of the Act for constructing and purchasing the road, for extending it to the harbor, and for connecting it with other mods The act was probably drawn by an in experienced hand The will of the 'legislature is not expressed with perfect clearness ; there are more words at scone places, and fewer at others, than there ought to be: and the thoughts might hare followed uoe another inn more simple MA natural order But we look, as a e are bound to look, at the whole statute: end giriug Cu every part of it the influence to which it entitled. we cannot permit ourselves to doubt for a moment that it authorizes the plaintiffs to connect an) railroad of theirs at that place with any either road coming there from is different direction We are clear that the state cannot now deny this without gross) Tiolatim; the rout rant, as it must hare been well under •too t h) all the parties at the time it was made, Another argument is. that the right a given only to connect w ith a ruftil legally aatkorized, and the Erie and North-East is lint so authorized Can se inquire in this collateral nay into the strict legal title ul the lower road to be where it is We think not. A party in possession if anything is taken so between other person., to be in possession under a good title. The plaintiff. cannot be called un to prove the right 01 the •wd Neste-Zest *ennead es wet) as their awn flint right can be contested in a direct proceed ing against flu• Erie and North-East 'welt. be these '',wrested 1.1 it inny hare an opportunity of being heard n d,f,cier The loner road is therelurele gal within the mear.ing of this Act, as lona as it a not iernoved by law Whether it be then ti) the mere toler aton of the public authority, or by %Imo, ot an inneiessible grant, is a question which the city of Erie h as , no business to raise in the present suit Rut this IPA all E'.en if the strict legality it the road in question were before us, we can see nothing to lustily an opinion that it le not legal. It was, to be sure, not properly laid out at brit, but then the subsequent lo cator' was aceor.ling to the charter, and to the decree of this court The charter has since been repealed that repeal be void, then the charter remains in full tore, and the road is protected by it If the repeal be constitutional, then it■ provisions, Inuit be' regarded as mi n tin g and one irt th,Ne provisions is, that the road. as it is, shall he kept open, in good order, for the use lit the dub:ic, %Mai would have made it legal !lit had never been legal beiore k/eiles iug sa a e do, that the plaints& have a right to wail, the proposed CODneCtIOn, we eannut swum the eejeet,tou, e hr:h the city has taken to the mere manner of its exercise 'I her may take the track which was laid down by the other Company, or adopt another route, ii they like it better Or they may eri tablish their connection partly by a new track, and partly upon that which was occupied before do that they exercise with reasonable fairness the right grant ed them, and nothing more, we will not quibble with thew upon points sbicb have no substance in them They may therefore connect in the way proposed, at Ash Lane, the eastern limit ..f the city, if they can find any there to connect a ith In point of fact, there is a road there never ordered to be taken up. and le ganged by the Act of 6th October, 1855, which will carry their trains onward to New York- It is contended that this Act is in conflict with Sec 25. Art i of the Constitution, which declares that "(b -lew shall create, renew, or extend the charter of more than one corporation It is true that this statute does gist, certain not very important privilegek to two other corporate bodies. It is not asserted that the legisla ture bad no jurisdiction of the subject. matter, or that the law, if carried out, would interfere with any right wade inviolable by the constitution, but merely that the two Houses of Assembly neglected a form of pro ceeding which the constitution Prescribes. The ob jection tzeea not to the nature, and essence, and char acter i.t the law itself, but to the behaviour and con duct of the legislative bodies who passed it. Whether se bate a judicial veto, which authorises us ito pro nounce a law void fur such realm:lads a question which does not arise here, and on which we mean to give no opinion Our construction of this section of the Con stitution was given in !doers v. Reading City, after careful deliberation, and we see no reason for retract ing it now To create, renew or extend a charter, means to make a charter which Dever existed before, to revive an old one which bas expired. or to increase the time for the existeuee of one which would other wise reach its limit at an earlier period. Neither of these things was done by the law to question, for mere than one corporation, and the conduct of the legisla ture was not. therefore, within any constitutional pro hibition Alllt ,TiM't+ There were several other points taken by the delve-' dents ; but those already noticed are by very much the strongest Pot the rest, it is enough to say that there is nothing in thew. And Doe , to wit, on the Stith day of January, 3856, this cause came oh for bearing before the Supreme Court, upon bill, answer, replication, and the Pennit taken on hoth sides, and was argued by couseeL And :hereupon, it use determined, adjudged and decreed, that the plaintiffs. the Cleveland, Painesville, and Ash tabula Railroad Company hasa lawful right to eonneet its railroad with the railroad heretofore built by the Erie and North-East Railroad Company within the city tit Erie, in the manner and at the places or either of the places mentioned in the bill, mid that every in terference with Or hinderance of the plaintiffs in the exercise of such its legal right, is unlawful. And it is thrther adjudged, ordered and decreed, that the city of Erie. and the mayor, councils, constables, °Moen, agents and servants thereof, and the other defendants in said bill named, their agents and servants be, and they ire hereby strictly commanded slid firmly rejoin ed to cease, abstain, and altogether desist from each and all the unlawful acts and doings complained of in the said bill. And it is ordered that a slit of injunc tion do issue against the defendants forthwith. And that the plaintiffs do recover their cods. Erm axial .Vorth- Earl Railroad Conipasey The Erie and North-East Railroad Company was incorporate,! in 1812. The charter was re vealed at the last session of the Lefislatore, and the Go%enaor was authorized to appoint some suit able person to take charge of the mad which the Couipany had built. and keep it in good running order and repair. 1,,r the use of the defendant was appuluted t'.• • I .: .1 i ~1 the repealing law, and be avows hi , t take pomades of the road sooettaitio, unless prevented by the injunction olthis COWL To ob tain such tar tujimetion is the object eft* WIL— L' the Company be *metaled with an alegel ERIE, SATURDAY MORNING, FEBRUARY 2311856. 7'hr l'lty rf Eroe I\ EQIIT\ Opinion by Judge Black vs. Joseph Casey 1, EqVITT Opinion of Judie Black Si 50 A YEAR, IN ADVANCE. jury, we wily protect it in thin form of proceeding. If the defendant be prattled by httr the complaint niugt br,(ligniissed. What the defendant mesas to do is to execute th. plain mandate ef the supreme law-tuaking p.tmer t'f the State : to convey into effect an Act of Assembl". passed iu regular form. This Act. it it be law at all. is paratuouut to all other law on the subject. and must oe imeyetl. If. however. the Legislature had nu jiatc , i . to pass it. then it is wholly % o id, a nd we inapt regard it as if the place it occupies on the statute Book were a blauk. rhe right of the judiciary to declare a statute :intl to arrest its eleetitiOn. if one which. in the , pinion of all courts. Is coup lspl with respon sibilities au grave that it is never to be exercised except Ili vez, dear cane s . +.Ol/e derrtment of th e gviverilMellt is bound to presume t at another has acted rightly. The party who wishes us to pro- LIOUII( e a law unconstitutional, takes upon himself the burden ..f prving. beyond ail doubt, that it is It is also vi ry well settled that no statute is un constitutional merely because it is wrong in policy or principle It is not enough to prove that it is contrary to a sound public morality. or injurious to private rights. luconststeticy with rules of law or principles of equity, will not make it Nothing will halve that effect but a direct collision between its provisions and those of tbe Federal or State Constitution. Fur this proposition I bare no authority or reasons to offer beyond what are already uu record in the case of Sharpless •, The City of Philadelphia. The plaintiffs' coousel assert that the Act of 153,,. under which the defendant proposes to take the Railroad into his possession. Impairs tbe obli gation of a contract. The Constitution of the United States (Art. 1.. See. 10), and that of Pennsyh waist (Art. IX.. Sec. 10). forbid the mak ing of any 13w impairing the obligation of con tracts. An act granting corporate privileges to a body of men is, when accepted, a contract between the State and the corporatnrs It is not worth while now to try whether this doctrine will stand the test of original principles. It is sustained by every thing that we :Lie bound to regard as authority by the decisions of all the courts in the country, by the opinion of the legal professiou, and by the general acquiescence of the people. It is not de nied by the defendant or his (vowel, or by any body else is ho has attempted to sustain the action of the Legislature in this case. Being a contract it cionot be rescinded by the act of one party without the consent of the other. A grant of cor porate privileges forst specified period cannot be resumed by the State within such period. If the charter be a about limitation as to time, it is for ever irrepealahle•• It does not follow from this that corporations are beyond the reach of public control. When the privileges they enjoy ale fraudulently abused, the courts may pronounce them forfeited. In some cases also, the Legislature, when granting the franchises., reserves to itself the right to revoke them. When the charter contains such a stipula tion it is as much a part of the contract as any thing else that is in it The legislative repeal of suet a charter bears no resemblance to the judg• went of a court against the corporation on a 950 warrant') They proceed upon principles as dif terent as the functions of the Legislature are dif tereut from those of the judiciary. If the power to repeal be reserved its reel-civets merely carry ing out the contract according to its terms ; and the State is using her own rights; not forfeiting those of the compaus . fbe power to repeal is sometimes reserved ab solutely, so that the franchises of the corporation may be revoled whenever the Legislature shall think proper. It is rometinriss volleyed col►dition ally : to be exercised only in ease a ea Lair torent shall happen, "l'he event may by tem which the corporators could not control. or it may be such a one as could not occur without some didault of their own. In either ease the charier is repealable when the et cut liltyperi.. lu the eliartio bon% t n 6 r consideration. the tol -1 iwiuK occurs . thesaiii Company abuse or nnouso anti• of the pnviteges hereby granted, the Legislature oral• resume the rights granted to the said Coinpati . %." This was a reservation of the right t raj oal the clutrter itt case it. should Os v 1.014041. It it was ',totaled. then the repeal was nut breaking the bargain but keeping it: not int patrinig, but en furring the obligation of the con tract. The plaintiffs' eounsei iusist that inasmuch as the light to repeal depended on math r of fact, the right could not be exercised until the fact was as certained by a jnditoal ;nal. But if this were not a mistake the reset-Nation would be nugatory-- It hen the ~,inusP s charter is judicially aster tamed the corporatiou will he dissolved without the intervention of the Legislature. and the Court could not decide the fact to be true without pro nouneiug the judgment of forfeiture. The Legis lature certainly meant to reserve something more titan the right to ilisisolie the corporation after it snail be dissolved by a court. The power to kill what is already deal no power at all. The ar gument of the plaintiffs on this point is altogether unsustained by authority. There are several cases directly against it. In Crease v. Babcock [23 Pick. 2341, the Supreme Court of Nlassac,husetta said, that when the Legislature reserved to itself the right to repeal a charter on tbe happening of a certain event. they might enact the repeal when ever the event happened ; it was not a res e r vation of judicial power. To the same eifect is Mc Lar ren t. Pennington Paige. 107). and in the Miners' Bunk v. Tit. ("cited States (1 Greene. Wil), it was held, not only that the fact. on whital the right of repeal depended. might be noticed by the Legislature without the assistance of the judi entry, but that its truth could never afterwards be questioned by any Court. Without intending to endorse the whole doctrine of the last mentioned case, we are very clear that the right to repeal vests in. and may be exercised by. the Legislature whenever the event occurs upon which they stlpn• lated for the right. The most that can be said is, that the repeal is void if it come* before the event. If the corporators desire to contest the velidity of the repealing act in a court. they must at least prove that the event did not occur. This view of tbe subject makes it important that we should see whether the privileges of this Com pany were abused or misused. Did the corpora tor' violate the charter ? We ate obliged, as the case now stands, to answer this question in the affirmative. For that answer we hare three rea sons. either of which would ba sufrwient without the others. In the first place we are bound to take an Act of the Assembly to be constitutional until the contrary is shown. In the absence of evidence, we presume the existence of every fact on which the validity of the law depends. Semis sky; the Plaintiff s bill does not aver that they performed their duties according to the terms of the charter ; and this they certainly would have averred if they could safely have done so. Tfnr dly; a recordof tins Court is referred to in the Bill and produced it' evidence, from which it ap • pears that a decree was pronounced against them for fixing their terminus at a plaice not authorised. and for locatiag their road on streets and other highways in a manner expressly forbidden. It is said that the repeal east be justified only if the violation of the charter was wilful. But the right is gives to repeal not foe a wilful, but for say abuse or misuse, The word waifs! is not in the reservation, and we cannot insert it by construc tion. But suppose it to be in. Is not' any posi tive violation of the charter, which might have been avoided. a wilful misuse and abuse of it I-- They were not forced to lay out their road con trary to the plata diredirms of the law. Neither can we believe it to have heels a mere blunder.— The &Serowe between what they were required to do and what they did do was too obvious and too important to be oreilooked by melt who could read and understand Leah& After this abuse imi miaow wet committed. the Attorney General for the fltitte filed a Bill emu pleb:dog of it and woe bearing. we made the decree already referred to, and enjoined the COM pittly to take up and remove the natant to a loca tion which would be conformable to the eharter.— Dna devree has been partially obeyed. w ; ,,,,. the chart. r ..toot tilitleptaled. it will A lea .1 . t.1,• Ma u. and. bta Pub. a Kee the duty of tar ALtwurtyßOW to img that it was executed batidolly. Nor was it posible for es to decree otherwise than oreardiog to the bow as it then was. Bat how did this proceeding affeet the right of the Legislature to take away thaabutter The Com- pany's concise/ say that it was a waiver of the right ' to repeal—that the State is equitably estopped by it from using the power of revocation wh,b .he ?)therwise would have had It is well settled that a forfeaturt.. how evt.r lu curred„ts to he considered as waived. it the part) entitled to exact it 11143 diullett to right Inin , ii•ll in some other way. If a tenant. for instance. iihnuld forfeit hie estate by a breach of (.0% eflittit. the ' landlord could not acoNpt compensation and aftto wards re-enter. When the State comes into Court demanding a forfeiture. the principle applies to her with as much force an it doe.; to a private part, But we are now dealing with an Act of Ansein bly. which, if it be valid. is the paramount law of the subject to which it relates. It rides down an•t nullifies all other laws which are inconsistent with it. Perhaps this is the very first argument. that ever was made, to show that a statute was void be- cause it conflicted with a rule of the common iaw To change the common law. and repeal earlier statutes. is the main, ef not the only. business which the Legislature ha, to perform A statute may be %slid, too matter how inconsistent it is with the doctrine of estoppel. unless the doctnne of es- toppel bejipart of the Constitution. which it cer tainly is tilt. When we are inquiring what the Legislature rim do. we are not helped a particle by being told what a Court would do. When we are considering whether a statute ought to be oil- eyed or disregarded. it is very unsatisfactory to Le informed how the law stood a hundred veal-4 lA. fore the statute was passed. Judges aud chancel lors hare established eertaiu rules of proceeding for their own guidance iu the distribution of jus- tice among suitors. One of these rules is, that a party in certain cases. shall not be permitted to aver the truth ; and is called au estoppel-- But the Legislature is not restricted by it. The General Assembly can make and unmake all rules of practice. pleading. and evidence. at its pleasure. The power that wakes the law must, in its nature and essence, be so totally different from the power which adtninisters the law, that it is must illogi cal to reason from one to the other. 'The limits Lions ou the legislative power of the State are not to be found in the general body of the law, but only in the Constitution itself. which is the legunt. or law of laws. W A must. therefore. fall back upon the Consti tution, to see whether there is anything there to prohibit the Legislature from passing the Act in quesliou. That instrument declares that no law shall be made impairing the obligation of contracts. This charter Was a contract ; but our of its terms was. that it might be repealed if it should be ab• used or misused. The corporators did abuse and misuse it. mid thus they placed themselves in the mercy of the Legislature. Did the atonement which they were compelled to make for their de fault. restore them again to the condition in which they would have remained if they had never been guilty of it , They had a charter. irrepealable if they would obey it. and they were independent of the Legislature. But they tell from that estate by disobtoienee, and their charter became repealable. Did it become irrepealable again when they were forced by this Court to undo the wrong the‘ Lad committed ? These corporators have suffered at the hands of the Legislature nothing but what they expressly agreed to suffer in a certain contingency 'Chat contingency has literally come to pass. Then• prisileges have been abused and misused. But they insist that the penance they were forced to undergo ought to be accepted in place of the obe•- dieuce which they promised. That is not in the bargain ; and since they stand upon their contract. we do not see how we can give them more than what is there set down. The Legislature agreed to disarm itself of the repealing power on condition that the corporator@ would remain and abide with in their charter when they went out of it. the °audit:too was broken• The fact that they left the path of duty is not disproved by the other fact that they afterwards returned to it. Nor is their case at all helped by showing that they were drtren hack under the lash of a Court. fheir in dependence of Legislative control was to be a con sequence of innocence ; not of guilt. follow it Ls repentance and restitution. The most important privilege and highest immu nity which a corporation can enjoy, is that of hold ing its franchise by a tenure above the reach of the law-making power. which regulates every thing else in the State. When this immunity is oestowed on ,certain conditions. the conditions cannot be chaugsd without changing the charter, and no such change can be made except by the express and plain words of the Legislature. This corporation claims to hold the immunity. and lot its title it points to a bill in equity filed by the Attorney tien eral. to a decree of the Supreme Court. and to its own act of removing the road. Hut the eurpoia tion itself cannot add anything to, the charter, nor can it do so even with the assistanee of the execu tive and the judiciary. It still has no more than what the Legislature gave it, and the Legislature did not give it whit it now claims. Another and still plainer view of the argument based on the law of estoppel may be taken. It a familiar and well established rule olcoustitution al law that the prohibition to impair the obligation of contracts is nor applicable to an Act of Assem bly, unless it violates directly some right secured by an existing vontract. bargain or ag,reeineut.— That provision does not protect from legislative in terference other rights acquired or created in other ways. Here. now, is an Act of Assembly which enforces one of the stipulations of a contract be tween the State and a corporation. The corp ora tors say to the Legislature. Yon shall not do this thing. We admit that your Act is according to the very terms of our agreement; but certain facts and circumstances have occurred since, which bind you in justice, equity and law, to abstain from taking advantage oldie agreement. - 'lime short and c in elusive answer of the Legislature is this: •• To en force a contract is not to impair it, and whallsver the obligations may be which arise out of the sub ' sequent facts, it is enough that they a-c not oblign ' titan' of the contract. A harder task cannot be imagined than that of proving the law before us to be void ou the ground contended for. The argument would hare been successful, if there had been anything in the con stitution to forbid the carrying out ot contracts.— it might have been a failure. if the obligation of contracts could be interpreted to mean all obliga tions of every kind. however created. And it would probably have been triumphant. if counsel could have shown that the power which is given to the Legislature by the constitution is taken away by rules of Court. A bettor objection is made to the validity of this law by contending, that the contract ought to be so extended by construotion in favor of ,the corporation, as to give the right of repeal only for abuse or misuse, which shall be persisted in down to the time when the repeal is enacted.— We have said, however, that this cannot be done. We are clear in our conviction, that the right of toped, underauch a reservation, can be successful ly denied only when the oorporators are able to show that no abuse was everoommitted. It els not a right which existed merely while the cor porators were in a state of rebellion against the law Ao cease when they put themselves, or were putly the Court, on their good behavior. A more plausible proposition than either of these would be to say, that the proceedings seises the corporation in equity snit implied a new contract, by which the State promised not to repeal the charter for any past offence. The counsel did not take this ground, doubtless be cause they thought it untenable. We omen? in their opinion. Contracts between the State and corporate bodies cannot be implied from anything but plain words; and those words must be spo ken by the General Assembly, and enrolled in solemn form among its sets. On the 14th day of April, 186'2 and after the violation of the charter, the Legislature passed a supplement to the charter, changing the mode,of electing officers. Whatever new powers, imam nide* and privileges were granted by this sup plement may be lawfully claimed, but all that were not plainly granted were withheld. It was °organdy a **Mee recognition of the Com pany's wee as adore body; but it was so recognition of r;rl to exist spon . lenms mid 4 , In. tit 0011. aa: • is t 1001260110 a 111 the , supplement, and which are expressly extended by the word• of the original charter. The As sembl) might then, or at and other time, have made the franchisc irrevocable by saying that such was i:4 will But it did not do so; it merely said that the stockholders should vote in a manner different from that in which they had voted before We think the construction we have given to this reservation is no. 21tily required by the es tablished rules of interpretation, but is in accor dance with the most liberal intent that can be ascribed to the Legislature in making it. Men who are capable of abusing a privilege conferred on them by the apeetal favor of the State are unworthy to have it The State had a right to test the prudence of her bounty by this standard —to fix her own /vole je•aitentix—to try the grantees of the privilege and see whether they would behave tht twelves well She kept in her hand, the short, sharp remedy of repeal, to be. applied whenever the conduct of the corporation would demonstrate that a remedy was needed The error was to be repaired by the same body that committed it at any time after the error was ascertained For the sane offence, the charter might have been forfeited ou you overawe, but another mode of reparation was adopted for the reason that the State did nut choose to undergo the risk and embarrassment, and delay of a ju dicial trial. She would net have the machinery of Court interposed between her and her rights. She did not desire to play with lawyers and judges at the game of special pleading. She was unwilling to go fir justice to a place where es toppels might prevent her from asserting the truth. She would retain the right of legielitive repeal free from alt restraints bur, those imposed by the constitution, or else she would not grant the charter If the corporators did not intend to obey it when such was the stipulated penalty for dieebetlicuce, it was folly as well as wicked nes to accept it The authority given by the Act of October, 1555, to the tieleudants to take possession of the railroad is asserted by the plaintiff's counsel to be an act of cunliecation —a taking of private pro perty for public use without compensation If this is be trueobe injunction ought to be awarded ; for no Legislature can do such a thing under our constitution. When a corporation is dissolved by a repeal of its charter, the Legislature may appoint, or authorize the l'eovernor to appoint, a person tie take charge of its assets for the use of the creditors and stockholders; and this is not confiscation, any m o re that it is confiscation to appoint an administrator to a dead man, or a com mittee fur a lunatic. lint Money, or goods, or lands, which are or here the private property of a defunct corporation, cannot be arbitraily seis ed for the use of the State without compensation paid or provided for This act, however, takes noting but the road Is that private property? Certainly not: It is a public highway, solemnly devoted by law to the public use. When the lands w, , re taken to build it on they were taken fir public use; otherwise they could not have been taken at all It is true the plaintiffs had a rig. to take tolls from all who traveled or carried freight can it, according to certain rates fixed in the charter, but that was a mere franchise; s privilege derived entirely from the charter, and it was gone when the charter was repealed. The State way grunt to a corporation, or to an indi vidual, the franchise of taking tolls on any high way, opened or to be opened, whether it be a raiiroad or rivor, canal or bridge, turnpike or common road When the franchise miser by its own limitation. by forfeiture or by repeal, tne highway is ;brown back on the hands of the Stet-, and it becomes her duty, as the sov ereign guardian of the public rights and interests to take (Are of it She may renew the franchise, give it to some other person, exercise it hereelf, or declare the high Ray open and free to all the people If the riootilly itself was the private pro perty of the stockholders, then it remains theirs and they may use it without a charter as other people use their own—run it on their own tie count—charge a hat tolls they please—close it or open it when they think proper--disregard every interest except their own. The repeal of charters on such terms would be courted by every railroad company in the State; for it would have no effect but to emancipate them from the-con trot of law, and convert their limited privileges into a broad, unbounded license. On this prin ciple, a corporation might be rewarded, but never punished, for misconduct Repeal of its char ter, instead of bringing it to a shameful end, would put "length of days in its right hand, and in its left hand riches and honor." But it is not so. Railroads made by the authority of the Commonwealth upon land taken under her right of eminent domain, and established by her laws as thoroughfares for the commerce that passes through her borders, are her highways. No cor poration has soy property in them, though cor porations may have franchises annexed to and exercisable within them Such a franchise the platiffs had, but they have it no longer. The right to take tolls on a road is an incorporeal hereditament, which may be granted to a corporation or to an individual; and the grantee hte, an estate in the franchise. iut what estate? The estate endures for ever if the charter be perpetual; for years, if it be given fur a limited period; and at will, if it be repealable at the plea-sure of the legislature. This corporation, after its privileges were abused, had an estate at will, and the Commonwealth chose to demand repossession That terminated the estate as completely as an estate for ycari would be terminated after the expiraion of the term. The grant was exhausted, the corporation lived its time out. Its lease of life was expressly lint. itad, at the day of its creation, to the period when the Legislature should dissolve it for misconduct. When the legislative will wasspoken its hour had oome. Having no right to keep the fninohiaes any longer, it would be absuid to claim eompensation for taking them away. To say that the nockhold ere have a right to compensation for the fran chises, because they are wrongfully taken, and that they were wrongfully taken because they have a right to compensation, would be reason ing in a very vicious circle. If the stockholders had a right to retain the franchises, the charter could not be repealed at all, with or without compensation. If they had no right to retain them, they have no claim of compensation. A brief recapitulation of the main points in the case may serve to make the grounds of oar judgment somewhat plainer. I. This charter was granted with a reservation of the right to repeal it, if the franchises should be abased or misused. U. We are satisfied thin, in point of faet, those franchises were abused and mimed. 111. After that event happened, the asnarral Assembly was invested with fall power to repeal the charter, and the corporates, held their - clines from the state merely se tenaz a at will, in the same manner as if there had an un conditional reservation of the right to repeal. IV. After the interest of the oorporatora has been thus eat down by their own misconduct to -an estate at will, the Legislature only could en-` large the charter, so as to make it a patterns' grant, or put the corponnors on another tens of probation. V. The judicial proceedings ageartet th e oor . potation did sot aad could not disarm the Legis lature of its reserved right to repeal, nerealarge the estatm of th- corporation in its feimehisse, nor ohmage the ternia of the original great, foe titan are tmaga which the judiciary esanotdopnar she essontkes _ _ _ VI. TIN power of the Ltighlatare Ss *di row B. F. SLOAN, EDITOR. 'kWh:del by the rules of pleading and evidence which. the Courts have adoptltd; and' therefore the State may act in the Legislature neon a truth .which would have estopped to shove in a Court Lif the Legislature had not interfered. VII. The power to repeal for abuse of corpo rate privileges is a different right from that of demanding a judicial sentence of forfeiture r and is reserved for the very reason - that it nay afford a remedy when a Tun learrania would not. VIII The charter icing constitutionally re pealed, the franchises are, as a neeeleary conse quent*, resumed to the State, and the road re mains what it always was—public property. XI. The corporstors cannot be estitled to com pensation, for they had no property in the road, and after their default they held the corporate franchises at the will of the Legislature, and the exertion of that will, in the resumption of the franchises, did them no injury but what they agreed to submit to. Vie infuse-ion which the pia isuits have moted for is to be refused. Conoarriag Opinion cd Jadges Lowrie and XIIOZ. Concurring with my brother Black in the re sults whieh be has expressed, i desire only to add a few words, in order to presentaowe of the questions in the form which they hare taken in my own mind. It is provided in this charter that the legisla ture may resume the rights end privileges there by granted to this Company. The charter is no. thing else than the set and instrument by which rights and privileges are granted, and the resump tion of the rights and privileges carries with it the revocation of the charter. The power that may produce this result is the legislature, said therefore the power that granted is reserved for revocation. This reservation of legislative power over a subject is perfectly le gitimate, and is not chargeable with the rice of enlarging the political functions of the legislature by means of a private contract. Before the char ter the ',gimlets:* had full power over that sub ject, sod in the charter they expressly retain it, so that no doubt is left that the charter is still subject to a legitimately legislative control. And such control is expressly sanetiooed as legisla tive by the eoustatution, article 1, s. 35, in an analogous ewe. In saying that this reservation ia of legials ti,ve power, we distinguish it from the power of forfeiture by due course of law; for that is a ju dicial power, exercised for punishment, and need ing no reservation in the charter, and no con tract, to support it; the power of punishment be ing involved in the very nature of government, and not at all needing the aid of a contract rein. don. We distinguish it further from the power of setting aside contracts for the bad faith of one of the parties, for that too is a judicial power, and needs no /alb express reservation We dis tinguish it finally from the power which a party as to rescind a contract for contrition broken; for that is not a legitimate power at all , but the power of executing an existing law, to wit, the contract law of the given relation. Admit now that, as a general rule, corpora tion charters are protested, as contracts, from le gislative interference; this charter does not fall within that catagory, the legislative power to in terfere is referred in the grunt of the franchise, and therefore no such contract was intended.— Tie power of resumption, being reserved as a legislative one, is necessarily absolute. If it were subject to judicial control, or conditioned a preliminary judicial sentence, it would not be legislative power at all. It is objected that this power is not to be ex ercised, unless the corporation misuse or abuse its privileges. But as legislative power must be guided by its own wisdom and knowledge, so it may take its own way of informing itself; and the Courts cannot set aside its action, on their supposition or conviction that it is founded on misinformation. If the Courts must first d'eelare the abuse, then an express legislative function is made dependent upon the judiciary, which is simply absurd. That the law making power should be controlled in its action by previous law is even more palpably so . Tues. views show plainly enough thatthelim- Rotation of the legislative power of resumption, to the case of an abuse of the pririleges granted, is merely a moral restraint, and not a legal or constitutional one; for it is subject to no super vision, and is guided only by legislative wisdom. such is its 'essential nature, if it is a legislative power. The very' discretion that enacts is re served for repeal, and this excludes this act of incorporation from the clue rontracts in the den gtitntion, and ranges it under the class law; and no subsequent acts of judiciary or executive of ficers can ehange its character. It may be possible that the act of repeal is unjust in its provisions; but of that we cannot enquire, if the power exists. Courts and juries may be equally fallible; yet their judgements, within their legitimate Province, must be regard ed as right. No departntent of the government, is entitled to regard another **pertinent with sus picion in the exercise of its peculiar functions Every form of government, and every deportment of it is liable to error, but when the special de partment, which is entrusted with any matter, has pronounced its final decision, we must treat it as right, for there is and can be no power to pet it aside. But I do not believe that this repeal is unjust. It is consistent with the most sincere respect, for those from whom I differ, for tae to say that I have a very cleat conviction that it is eminently proper and right. And this company could an. er have been led into this difficulty, if it had sot colluded in the impudent fraud of the Franklin Canal Company, fbr which that company was suppressed by au set of usambly that was sheet regrew in ies provision. U this Company bad made their rod an Erie and New York , road, m was intended by their charter, instead of an Ohio and New York ti Z e tbei ra itould have saved, thenuielves much legislature is vary indulgent is iiielninig that they way do it yet. lam for refaliss 104 iJ oration. Knox, J.:-c—Belitimag the ,la if ter if the General Assembly which repealed the of the Brie and N or a B o g B a , mb d Co. b e entirely eon stitutional, I agree with Mr. Justice Bluth and Mr. Jtmeise Lowrie, is Wm* the isissetime preyed for. I will merit' add, that in my lin mat We tit was not only constitutional but char. ly right, and that its terms are fully . aa firms 'ids to the compeay an it had say nght to ex- Pot 4110- 'MI6 The &ale °Mae fills the following m ood joke. as tb. peeimapre were having doe EA & stress Dort, • tons Owed Johns* setieed a moo pameaser with trig, bind in Me vest =4amd at the same tuft saw him drop a ' la'tl, wilkia Jainism plead up and my., T Mood, hero is eiteMbisig that you bare soli dro" and headed it to the *miler, who ved gave Johnoon a lea f contempt aid ran sad end rtiplielk t erill d-4, yen eentilool me, aid *bibs dm mesey, Jollin ess ens tin bear a, had beard of the trap Pay no dap& • A Lowakir=— ar Pilmuyi Noma, N. J. ringiiik; ittypti 7 war oniiimaii I :l4leliiediimits ,s if seesama 10046100 ! t ii over LSO yen brillbekliii -V :4 C.l NUMBER 41.
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