~ AMERICAN RAILI{OAD JOUIENAL. I 99.
T A ' "”‘.'"" ’ . T“. . . . -"- _ , 3 I ' ".
no less than place it to the debit of those to take into consideration, “ the several acts passed a law authorizing the said railroad
mates. of the Legislature of this State in granting company, to issue bonds to the amount of.

, By the Act of May, 1846, the Commis-
sioners are directed to take into consideration
“a comparison of the grades or elevations,
and depressions and curvatures, in the line
or track of said railroad, in the other counties
east and west of Sullivan county.”

The Commissioners have no means of
judging of the curvatures east and west of
Sullivan county, excepton the routes survey-
ed under their directions, which nocurvatures
so unfavorable in degree, nor much exceeding
half the amount, as compared with equal dis-
tances.

There are grades both east and west more
unfavorable than occur in Sullivan county;
and it was contended bythe friends ofthe in-
terior route in that county, that this was suffi-
cient, under -the act, to settle the location on
that route. Now, (as stated in the prelimi-
nary remarks of this report,) it was a matter
of public notoriety, before the Act was passed,
that grades equally heavy as those in Sulli-
van county existed both east and west of it;
but as this question has been discussed and
the views of the Commissioners given, in the
preliminary part of this report, it is not
deemed necessary to enter into further detail
here on this point.

If the heavy grades in this county were so
situated, in relation to the heavy grades east
and west of it, that no material benefit could
be obtained by avoiding them, then the con-
struction of the Act above given by the friends
of the Sullivan county route, would no doubt
be in accordance with the intention ofthe Le-
gislature. But inasmuch as they are so situ-
ated, that heavy extra expense would be in-
curred in conducting the traflic of the road
over them, such construction would he equi-
valent to the position, that, serious obstacles
on one part of the line were sufiicicnt reason
that others ofthe, same kind constitute no im-
pediment to the enterprize, which position is
considered as inadmissible, in view of‘ the
general object of the Act. it is well known
that the heavy grades which occur on seve-
ral parts of the route of the New York and
Erie railroad, have been great impediments
to the pi'o'gress of that e-ntei'prize; and conse-
quently its friends have endeavored to reduce
such obstacles as much as possible. The
application for the law, establishing this com-
mission, had its origin in this effort; and the
original law, (of which the present is an
amendment,) had a reference to t e same ob-
ject, namely: to remove some of the impedi-
ments, (of this cliaracter,) to the progress of
the improvement. The Commissioners are
therefore, fully of the opinion, that the con-
struction they have given to the Act, is the
proper one, namely: that “ this fact is to be
candidly considered, and to have its due in-
fluence on their decision, but cannot control
irrespective of all other facts that bear on the
question,” and especially, cannot do away
with the main object of the Act, which was,
to determine whether those grades could be
adopted “without great prejudice to the pub-
lic interest.” "

The Comm

issioncrs are further required

aid to the said company, and especially the
provisions of the Act. mentioned in the first
Section of this Act.”

The Act incorporating the New York and
Erie railroad company was passed in 1832.
It authorized the construction of a railroad
through the southern tier of counties, and for-
bids any connection with railroads in the
States of Pennsylvania and New Jersey,
without the consent of the Legislature ofthis
State. Stock, suflicient to organize the coin-
pany not being obtained, a subsequent Act
was passed, authorizing an organization,
when one million of dollars was subscribed
to the stock. No progress having been made
in .1834, the Legislature authorized a survey
of the route for said railroad at the expense
of the State. In 1835, an Act was passed
authorizing the company to constructand put
in‘ operation such sections ofthe road as they

three m:il_lion_s of dollars, and giving these
bonds priorityto the State lien. Also pro-
viding, that the State may take the road on
certain conditions, when finished; and if the

State should not elect to take the roadon such. .

conditions, then, the said company to be re-
leased from all liability for the payment of

the State stock heretofore issued to them, and .

amounting to three millions ofdollars. -After
the passage of this law, a new Board of Di-
rectors weie elected composed of highly in-
telligent, honorable, and influential citizens,
who made vigorous efibrts, to raise funds
necessary to carry forward and complete the
enterprize. Capitalists, however, did not. feel
sufficient confidence in the success and pro-.
ductiveness of tlieenterprize, to furnish the
necessary funds ; and the board who had ta-
ken the direction, finding they were not sus-
tained in their cflbrts, yielded the administra-

might deem eligible.

The powers and privileges granted by the
several Acts of the Legislature,and the pros-
pects of remuneration from the business of
the road having failed to command private
capital sufficient for the work, “ an Act to
expedite the construction of a railroad from
New York to Lake Erie,” was passed in
1836. This Act authorized a loan of the
State credit for three millions of dollars, to be
advanced in several sums, on the completion
of certain sections of the said railroad.

This Act did not secure much progress in
the construction of the road. Private capital
could not be obtained sufficient to complete
the “ first section” of road necessary to obtain
any portion of the loan of the State credit.

In 1838, the Legislature passed an Act to
amend the Act of 1836, above mentioned.-—
This act authorized the loan of the State cre-
dit to be made, in equal sums with,and after
the expenditure of, private subscription; to
commence after the company should expend
three hundred thousand dollars. A

In 1810, an Act was passe-dto amend pre-
vious acts; ziiithorizing a six per cent. State
stock to be loaned fo the company, and the

tion of the afl"airs of the company to others.
Nothing, however, in the way of progress
was accomplished, and the work remained

stationary until 1845. At thatiime, it became,

obvious,,that no further progress could be
made by private enterprize, unless induce-
ments could be presented that would secure
a large addition of subscriptionsito the stock
of the company, under which a new organi-
zation could be effected, and a new impulse
given to the project. This was the condition
of the enterprize, when the act of 1.845 was
passed-—-the act we are called upon particu-
larly to consider. , -

This act passed May l-lth, 1845, provided
that a new subscription to the stock of the

company should be obtained to the amount a

of three millions of dollars, and under certain
restrictions, bonds were authoiized for a like
amount. It provides for a rel:--use of the lieu
of the State on account of the loan of its cred-
it for three millions of dollars, provided, a
single track road be completed within six
years from the passage of the act.' It estab-
lished a commission of three persons, who
were authorized to survey and examine the
routes between the summit of the Shawne-

gunk and Deposit, and decide whether a.

stock to be issued, on the expenditure, by the
company, from their own means, of half the
amount of the same.

Under this act the company proceeded
with the work until the loan on the credit of

practicable route did exist; and. one that
could be adopted “without great prejudice to
the public interest ;” but did not authorize any
location out of the State as a substitute for

the State was issued, to the amount of three that through Slllllvfln county-

millions ofdo‘lars, as authorized by the seve-
ral acts above mentioned. Failing to com-
mand the requisite means to carry forward
the enterprize from subscriptions to the stock
of the company, after the State loan was ex-
hausted, they were unablc to proceed with
the work, and early in 18-12, notified the
State authorities, that they were unable _to
pay the iiiterest-on the State loan. The cir-
cuinstance authorized the comptroller of the
State, to sell the road and its appurtenances
after six months notice. The sale was post-
poned by the authority of the Legislature.—--
At this time, the company were practically
insolvent, and had no. more than _a nominal
existence. Butthe Legislature did not seem
disposed to abandon the project,.and in 1843,,

The same commission was authorized to.

examine the routes between Deposit and-a
point one mile westerly of Binghampton,
with power under certain circumstances, to

locate on the route by the great bend of the,
Susquehanna, nassing so far in the State _0fM
Pennsylvania as might be necessary foigthat-_ 2

route. . _ . t - .   

At the time this act was passed. an act had.
been passed ‘by, the_.State.of_-Pennsylvania,’
authorizing she said cornpany to construct a
portion of their road. in that State, so far as
necessary to occupy the route by the Great
Bend of the Susquehanna, but they had not
authorized’ the company to occupy any por-
tion of that State in the valley of the Dela:
ware river.