Mr. GARFIELD. Iam informed that the Governor was told by the railroad president that the charter might be restored if he would run the Uliio road so as to connect With the Pennsylvania Central road some 50 or 60 miles east of the city of I’ittsburg and thus turn the tide of travelinto that cliannel. Ile could not accept justice on such a condition, and so abandoned any attempt to obtain a res toration of the company s rights from the Penn nylvania Legislature, and now they appeal to this body to take that important wor under national protection and allow the road to be completed. The bill provides that the rights of the corn pnny shall be giiarantied to them by the congress of the U.S., and in case litigation shall arise the shall have access to the courts of the U.S. I hope to be able on a future day when the general national railroad bill, which I had the honor to introduce afew weeks ago. comes up for discussi0|itogo into the whole question of commerce among the States as I have not the time to do now. I believe the time has come when the general Government must use the authority clearly vested in it hy the Constitution “to regulate commerce among the States, ” and not allow States and close corporations to block that free commercial intercourse which is the life ofindnstry and ‘ltalf?’ necessary to the growth and harmony of the nion. In order that the House may understand the spirit and policy of the Pennsylvania Legislature on this subject I append the opinion of Justice Grier, of the Sn requie Court, on the repeal of the L’ittshurg ‘uii conncllsville llailroud Company's charter. His Honor Judge McCandles s. in the U.S. circuit court, read the following opinion of Judge (.i'rier in the case of the Mayor, die, of Baltimore vs. The Conuellsville and Southern Pennsylvania railroad. The case was. argued at ‘villiainsport on the 20th of June last by B. H. Latrobe, Esq., and Hon. Ilev erdy Johnson on the part of the city of Balti more, and Judge Walter H. Lowrie and G. 1’. Hamilton, Esq., for the Southern Pennsylvania railroad. Opinionqf the court. The sinlle guoutionfor decisionin this caseincor rectly stated in the urzuinent of the learned counsel for the respondent.as follows: Railroad ch Carotmerpaonf ytchoontPaiitntssbthuer: following Conpnrcolvlsisviiollno. namely: "It said company shall at any time misuse or abuse any of the privileges herein granted. the Leuislinure may resumeall and singular the rights and privdeges herebygrantedto such corporation.“ Under this clausethe Legislature. byan notp passed Irnigh1t 8s. anrdepvlo‘lkVeIdIEKaGndQ‘rZefslLuDm'letotdt as I allidacnodmspinagnuyl.asrotfhne: up the saute authorized it to construct any line or lines 0! railway s outnwardly or csstwnrdly from Cohnintchlilssrveilpleealing iict repugnant to the Constitution of the U.S. on the ground that it impairs the obligation of the contract. Between the State and the company? Tue objections madeon‘the argument to the form of the EIOMIDKS iiiid the right o‘t the complainant to have t o remedy songlitiiiliis bill will be found overruled in it similar caseby the Supreme Court. We 3re3f6e.r Itno tthhaet case of Dodge v. olst y.18 Howard. casethe complainant was a stockholder lathe corporation whose interests wero lrkely to be lmuriously affected by tho State legislntion. If it should carried into effect. In tl1tscase the complainant is a creditor. who on thofaithpt'legislntiveacts erupt lh certain franchises and srivileges to the Pittsbur an Connellsville Railroad Company has advance lime sums of money. which have been expendedin constructing their road. If that.corporation submit to this act of the Legislature divesting them of the most yelumble part of their franchises the security l.n drights of the complainant would be materially imnro. The hill 15in the nature ufa bill uiu fennel. Tmd the cmnplmnt has it right to the reinc y souuht. if tho‘conrtshopld be Ofopiuiim [but the act of but impairs the obligation cftho oriizinul contract or act at incorporation granted to the Connellsville Railroad Company. The only question then is as to the validity of this at: The act repealing the franchise: of the corporation or material part, and transferring its french chines and property to another corporation without its consent. impairs the obligniion of the original contract is not and cannot be denied. Nor is it denied that an not wanting corporate piivllczcs to a body of menwho have procrctiedon the faith ot'it to subscribe stock and borrow money and txuend it in the construction of a valuable public improve mfent is a c iitruct and thut it is not, in too power either party to it to repudiate or nnnul it without e cement of the other. The Suite claims no sovereign power to repudiate its contracts or dei'rnudits citizens and the Constitution delugutu no such powur to the Legislature. It in thenotof incorporurtion the Legisluture retains the absolute and unconditional power of revocation for anyor no reasons: if it beso written in the bond. the party accepting a franchise on such conditions cannot complain it'it be arbitrarily revoked: or if this contract he that th is Legislature may recal the net wheneveriii its opinion the corporation ins misused or abused its privileges thou the contract constitutes the Legislature the arbiter and judge of the existence of that fact. But the casebeforeus comes within another category. The contract does not give an unconditional mum to the Legislature to repudiate Repflntnwl. Nor is the Legislature constituted the tribunal to adjudcc the question of fact as to the misuse or abuse. Moreover we casebeforeus udiuits in it the condition of [actsupon which the Lesislature is authorized to repeal tnc uct does not exist. It admits that the corporation hasneither "misusedor: tbllstfd its privilrges." A charter may be vacated by the decree of a judicial tribunal. in it proper proceeding for thiit purposc.without unysuch reservationin the act. Then both parties are heard and the verdict of njury on the liicts can beobtained. which concludes the question. But the Legislature possessesno judicial authority under the constilution and has no established course of proccedings in the exercise of such power. The party who is injured by its action is not heard. The reasonsusually allegrd in the preambleto such acts ure the mere suggestions of souio interested party. seeking to speculateat the expenseof others. Profreesasdiyonal solicitors who infest the lobby are ever for a sufficient consideration to imposeon the nod nature of honest but otten careless legislators yIf the suegestion otnny necessary falsehood. anyone should feel curious as to the method usedby agentsof corporntionsto obtain such loans lfuuililvyueaxcptossaesdmay bedesirable. they will find thcui in the opinion of the Supreme Court. delivured in the caseof Marshall in. B altimore and Onio Railroad Company.15Howard. We do not intend even to insinuate that nny such s"ecrrt servicesby "skilliul and unscrupulousnirents." ots'ltiiimghulpartoefidttso."nativepartisanshipby lhestronl luro to use" most efficient menno” to get the vote "of the careless mass of legislators" have been used in this case. But‘ we do say that the recnitttnelms pint the preamble to this not exhibit a labored to justify n.more than doubtful exerciseof power by an array of reasons which even if true in fact might be demurred in law its insufficient. The act does not contemplate the exerciseof the right of emnent fltimnin by which the property of individuals or corporations may be tnlten for some public use on making nmple compensation. Its object is to trausiur the franchise: and property of one corporation. anxious by every means in its power to complete ii.valunhle public improvement.to another whose interestit is not to complete the road. and who are not requiredto do soat any time in tnis or the next eentury. Where in acetic like the present the Legislature are rushedto take too property of one corporation and give it u i to another. on the ground that onehas misusedor u usedits privileges. the just and procrmode would be to passa resolution ordering the AttGen to insiitutn the proper legal proceeding sto ascertain the t'cotot'“misuse or nbase." filuch honebe found trite. then that the charter be revoked or resuined. We do nqt ‘Slly that without such judicial [fO'JGClHDB ascertaining the cristence or condition in which the right ufi upeiil is reserved. the act is absolutely void: but we do say that in all such casesthe party injured. it' he denies the exist ehnecaerdo, f such "misuse or abuse." has a right to he and to havethat questiontried beforeheshall surrenderhis property or his franchise. We do not think it necessaryto notice the numerous and conflbiyctinir caseswhich have been brought to our notice the learned counsel. In the caseof the Eric and Northeast Railroad 04. Casey.26Pennsylvania and l Grunt. the court tound. alter a full hearing of the parties. that the fact of “misuse or abuse" did exnit and therefore the not was not.void. It. cannot. therefore. be any precedent for a case which admitsthat such factsdo not exist. The principles of law. so far as the atfect this case.are vcry clearly and torscly stated y Chief Justice Lems, in his opinion to be found in 1Grapt.2 75w. ith u.rcView of the casesand a proper appreciation of that from own. The sum of the wholematter is this: l. The complainant hasshowna proper casefortho interferenceof the court in his favor. 2. That the net complained of is unconstitutional and vmd under the admissionsof the care. 3. The complainant is entitled to the decreeof the court.on the pleadingsas they stand. 4. thnttho defendants liarelesvetow ithdrnw their demurrer and answer over: and if they shall so re 1st. an issue will he ordered to try whether the ittsuurg and Connellsvillc railroad have misused ur nbused their charter. I am authoritedto suymybrotherMcCandlessfully concurs inthis opinion. Bill dismissed to the Governor. nshis actscan do neither harm nor good to either party. Respondents have 30 days tofile answerand requestissue. If not done in that time ftiinl decree according to the prayer of the bill. far curium: R. C. GRIER. I now call for the previous question.