The Potter journal. [volume], January 19, 1860, Image 1

About The Potter journal. [volume] (Coudersport, Pa.) 1857-1872

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SINGLE COPIED; |-
VOLUME XII.- NUMBER 19.
THE POTTER JOURNAL,
KVfcUY' TUL'tUjDAY MUHMXO, BY
Tboß. 8. Chase,
whom all Let'.Mß' antd Communications I
ineulJ h addressed, to secure attention.
i!rn)S"ln va,l ' illl), y in Advance:
JW AIHMHU.
IIUiUMUUtII>UttiUUU!M|IIIUtMHUtIUiIMItMItim(IIIIIIIHIII
Torins of Ad.vertising.
jqinir* [lO huesj 1 iiiAertiuu, - - - 50
" * •* -- - $1 50 i
: b subsequent insertion less than 13, 25
qiuirc three mouths, 2 5G !
" sis 41 4 00
nice " ....... 5 50
" one year, ....... COO
i and tigurc work, per sq., 3 ins. 3 00
ry subsequent iasertiw*-, ----- 50
luinu six months, ------- 18 00,
* 10 00
a " " ....... 7 00
ii per year. - -- -- -- - 30 00
a " -------- is ou
Mi cvluiun, displayed, per annum 65 00
" " six months, 35 001
" " • three '* 16 00,
" " one month, 600
•' u per square
'ld lines, each insertion under 4, 1 Oo
.■ of columns v> ill he inserted at the same
,tfi.
liuistrator's or Executor's Notice, 200
itor s Notices, each, ------- 150
riffs ijales, per tract, ------ 150
riage Notices, each, ----- -- 100
•rr Notices, each, 1 5
sinistrator'a Sales, per square for 4
Bsertions, 1 50
lin'vs or Professional Cards, each,
ot needing 8 lines, per year, - - 500
<ci*laud Editorial Notices, per line, 10
;opAll transient advertisements must he
J in advance, and no notice will be taken
I advertisements from a distance, unless tlio\
le accompanied by the monuy or satisfactory
■treuce.
La. UU -ML—■ -II 1 LL -1"-1 tm —— -MULL J L^B-UU
I susiittss Satb#.
Lmm
JOHN S. MANX,
LTTORNEY AND COUNSELLOR AT LAW.
Couderaport, l'a., iU Uh-?(4 the several
Court! iu Potter and M'Kean Counties. All
business entrusted in his care will receive
peuuipt attention, Office on Mttiu st,, oppo
site the Court House. IDA
~¥7W. KNOX,
YIGHNKY AT LAW, C'qudersport. Pa., will
regaiarlr attend the Court* in Potter and
lb* adjoining Counties. 10:1
ARTliril G. OLMSTED,
WORXEY & COUNSELLOR AT LAW.
Cvoderport, Pa., will attend to ail business
entrusted to his care, with promptnes and
fidt ity. OSic* in Temperance 151ock. sec
loud door, Main St. 10:1
ISAAC BENSON.
■ TORNBY AT LAW. Coudersport, Pa., will
laund to all business entrusted to Ijijil, v. itli
fcare and promptness. Office c&r&or tf West
Lac Third D*. 10:1
I C. L. IIOYT,
■TIL ENGINEER, SURVEYOR a U d
BItAUUHTSM AN, Bingham, I'otter Co..
Bi. will promptly and efficiently attend to
Hi! husiues* entrusted to hint. First-class
■rofcssional references can bo given if re-
Huired. ll:29-ly*
I CHARLES KRISSMAXN,
MAKER, having erected a new and
Shop, on the South-east corner
■ Third and West streets, will be happy to
Htt-iu- and till ail orders in his calling,
and re-fitting carefully and neatly
on short notice.
Nov. 8, 1859.—11 - ly.
O. T. ELLISON,
PHYSICIAN, Coudersport, l'a.,
informs the citizens of the vil
and vicinity that he will promply re-
to all calls for professional services.
on Main si., in building formerly oc
■>ied by C. W. Ellis, Esq. . t:22
M.UV. SMirn. K. A. JOiKS.
SMITH & JONES,
IN DRUGS MEDICINES, PAINTS,
Fancy Articles. Stationery, Dry Goods.
Ac , Maui st., Coudersport. Pa.
I i>. E. olmstedT"
Hl-HK IN DRY GOODS, RKAPY-MAPE
Crockery, Groceries, &c , Main st.,
M7At. MANN, *
■LRU IN BOOK* A STATIONERY, MAG
uud Music. N. W. corner of Main
its., Conderaport, Pa. 10:1
MARK GILLON,
and TAILOR, late from the City of
Englaud. Shop opposite Court
■louse. Cuuitersport, potter Co. Pa,,
■ -V B. -Panicwiar attention t& CVT
y* 0 - " *O.-3-5-17.
■ • CLM.STKD. 1 i, p, AJU.V.
OLMSTED K KELLY,
BALER IN STOVES, TIN a SHEET IRON-
S' ARE, Muiu St., nearly opposite the Court
■ douse, Coudersport, Pa. Tin and Sheet
I huu Wart made to ordei, in good style, on
B short notice. 10:1
[ COUDERSBORT HOTEL,
■ f• GLASSMIRE, Proprietor, Corner ot
I Main and Second St<cee'*>> Coudersport, Pot
| ter fc . [>a. 9:44
(ALLEGANY IU>I'SE,
M. MILLS, Prftprietor,
_ ' 0., PH., seven miles north of Cuu
j f>| l' ,>rt - on the Wdlirille Roa<l. 9:44
1 LYMAN 'HOUSE,
L IAMAN, Proprietor, Ulysses, Potter Co.,
a - Ibis House is situated on the Iwiat
'' irner of Main .-treet, opposite A. Corey A
'-on s gt(,re, and is well adapted to meet the
of patron: aud friends. 12:11-ly.
—— ="=—- *=— • •- —-' —' ~=——. *
j jffitfjg Conur.
THE AUTUMN OF LIFE.
! Before niy door, in summer's heat,
j Proudly tHt* elms their brandies spread ;
I Cool verdure sprang beneath my feet,
And shadows played around my head ;
Joyful I passed the sultry hour,
And mocked the suu's meridian power.
' But when, with withering hand, the frost
Shriveled the leaves, and guaut and bare,
Their naked arms the elu.-trees tossed ,
Yfhile Autumn tempests rent the air,
I mourned the summer's glories fled,
And copious tears of sadness shed.
When winter came, and cold and still
i The ice-king forged his frozen chain,
And over snow-clad vale and hill
Midnight assumed her solemn reign ;
Forth looking from my window bars,
Through the stripped limbs 1 saw the stars.
I
Thus earthly loves, like summer leaves,
1 Gladden, but intercept our view ,
' But when bereft the spirit grieves.,
And hopes are crushed, and comforts few,
1.0 ! in the depths of sorrow's night
Beams forth from far celestial night.
! Cfininnuuiions.
A Trip down lite Allegheny lit
Skill.
I'or the Putter Journal.
MR. EDITOR —The following is a part
of a letter—nut intended for publication
—written by one of a party of three gen
tlemen who sailed in an open boat down
| the Allegheny to Marietta, Ohio. Think-!
iug that it might be interesting to youv
readers, I have obtained the writer's per- ,
mission to submit it for publication.
Yours &c. X.
* „ !
I left Allegany, fCataraugus C 0.,) X.'
Y., Aug. 22. * * We had our
ship rigged and loaded at the wharf at
the foot of "Ware St.." aud after a tine
dinner served at the W Hotel, we
left amid the cheers and waving of hats,
bonnets and handkerchiefs of the specta- j
tors who came to bid us farewell. After'
a half day's trial aud experience, we haul
ed in at the port of Great Valley lor the
I night, and retired in a delightful mood,
knowing that we should not be disturbed
by the tintinnabulations of an Allegany !
cow-bell. You remember our crew con
sisted of three, 15 ,of Ct, A' and
myself. (>ur boat was rigged with a small
; square sail, hoops aud canvas enough to
cover tin entire boat; and cooking uten
sils consisting uf the old fireplace tea
kettle, an "old-maid's" tea-pot, each a
plate, a tea-cup and saucer, and oue knife,
with iwo trunks, two valises and a box of
books, for ballast, and all crowned with a
beautiful striped flag at the mast head. 1
I stated that our first half day was one of
experience, and it proved oue of the great-!
est anxiety of any ouyur voyage, ail hough
we had a tutor an board, one of the W—s,
who was accustomed to the lake, but who
; bad left us at -1 o'clock, and from our first
lesson we learned how to manage our
bark though the journey with case and
safety. We bad learned to row, to sail,
to cook, and to guide ourselves in the
channel correctly. 'The second day we
were obliged to spend in the region of the !
Indian Reservation, which was not very
agreeable, especially to A- , who, al
i though he is one of the X. Y. bullies
when no danger is to ba apprehended,
is soon cowed, unless actuated by
passion ; and having had no experience
among the aborigines, he began to enter
tain fears in regard to our safety, and to
nlead for an organization of our company
after the order of seamen, that we might
better protect ourselves, and act in uni
son and harmony in the performance of
our other duties. Accordingly we elect
ed lU- Captain, 33 Mate, and
V I'ilot and Cook,
We did not .succeed iu leaving the Res
ervation that day, and night overshadow
ing us, we prepared our boat for lodging.
The " natives" were out fishing and an
we were enveloped iu darkness, our cook
had his anticipations for the worst, raised
to the highest pitch, and his imagination
already advanced to an attack from, and
a battle with the " Injuns." Having se
lected his berth with the Captain iu the
stern of the boat —our baggage in the
middle and the Mate taking the bow —
our Cook must take the precaution to arm
each of us with a oar to be piac-ed con
veniently at our side j audi then he was
not satisfied, nor would he be appeased,
till we had constituted ourselves a
" watch," each to serve two hours suc
cessively iu the cyder of Cook, Captain
and Mate. The Cook's watch commenc
ed at 81 o'clock and the Captain passed
him his time-piece to apprise htm when
he should be released. At halt past ten
he aroused the Captain, and auuounced,
"all right , except, the injuns still out
spearing fish," and entrusted the charge
to the Captain, who commanded the Cook
to calm himself to sleep till scrme cause
of alarm should occur. Seeing the Cook
obedieut, all reposed in slumber till ear
ly morning, when we were awakened by
lie gentle pattering of the rain upon our
covering, but KS it did not wet through,
Jteooail 1o ll) iVujjlplfj of jM|e s)i|i li)c of oi'aiity, JliUnti(i-(. mi Ifetos.
COUDERSPORT, POTTER COUNTY, PA., THURSDAY, JANUARY 19, 1869.
we again slumbered till broad daylight,
when wc arose, and regaling ourselves
with breakfast, the Captain attended to
the duty of preparing letters to return
to friends, which he did on his box on
board the ship.
I assure yon, we felt romantio as, at
dusk, we urew our boat ashore and fas
tened the hawser for the night, as it were,
in the wilderness where we could see no'
inhabitants save the Indians, who were
engaged in the same pursuits as when in
their primitive state of civilization. Mem
ory at once reverted to the annals ofjiis-1
tory, and especially to the early history
of our country,-aud imagination hud an'
opportunity of presenting pictures of the
past more vividly than ever, daguercotyp
iug to us the scenes which our ancestors
passed through in preparing this lovely
laud for our inheritauce. Yes. it was a
i plcasai t time of reflection for the Cap
tain and Mate, who had fully pondered
the history of the past, and knew that the
dangers had all been suffered; but to
V , the realities of hi? imagination
seemed at hand, and he actually expected
to see them transpire.
The clouds having dispersed, vre pur
sued our journey;—-and thus I might go
o- discoursing to you upon each day's
occurrences, giving notes of our experi
ence, our living, our trials, our joys, our
gratifications and our disappointments
even to the cud of our journey ; but tlicy
would not be of sufficient interest to re
munerate me fur my trouble to pen tlieui,
uv for you to peruse theni; therefore cx-!
cuse me, while I merely mention only a
few of the more important incidents, and
speak of our direction, principal objects,
of interest and destiny. It proved to us
quite a task, the liver being so low, but
although we had to labor for our pleasure, |
none of us regret in the least having uu-,
dertakeu the expedition and prosecuting it i
as far as we have; nor could we desire it
to be blotted from our memory for one j
moment of our iive. The beauty and j
romance of the scenery; the titer inter-]
speFsed with beautiful islands on which
we often rambled, ate and reposed, with!
the music in its windings as it rolled over
its rocky bed, often intercepted to the
view by mountains covered with beauti
ful forests, and forming to all appearance, i
in ihe distauce, an impenetiable and in~j
surmountable barrier, but on approach,
affording an opening through which we j
pass; the storm which for a moment zov-;
ers the mountain-tops and then reveals'
them again in all their spleudor, crowned ;
by the eternal how of promise; the enjoy-,
merit we experienced in takiag ib-a s-peek
lcd finny tribe from their hiding placo in :
the rip-hug, babbling brook ; the ''lndian
god" which ran down the river on inquir
ing for it, till we overtook it, and found i
the original characters nearly obliterated
by the elements, and instead, modern
names cut and painted ; the curiosity of j
an Editor's office in a log hut upon the
river's brink which the Captain visited,
and left his promise of a narration of our
expedition —yet unfulfilled; the perform
ance of a Dutchman iu his intoxication
attempting to ferry.some females with
their "responsibilities" in their arms,
across the river; the joyful greetings wa
received from the citizens in.general; our
five days' stay in Pittsburg, the "Iron]
City" to the very letter, and the dirtiest
pait of the glebe we ever visited—and
there the leave-taking of our cook who
C? j
accepted the charge of an uncle ami great
uncle whom he there found ; the glorious
sunset on the Ohio wheu the full moon
rose as if to prevent the departure of day
—the sublimity of the scene none can
describe ; our first day's run with another
skiff bound for Texas; our bait at Mari
etta, Ohio, and abaudouiuent of the river,
and our overlaud journey, for a change in
our mode of travelling, with the pleasure
wc experienced in passing from town to
town, viewiug the rich and beautiful coun
try of Ohio, where the inhabitants prin
cipally "rceon 1" and travel on horseback;
our visit to Zanesville, thence fey -Nutiua
al lload to Columbus, the handsomest
city we ever beheld ; (hence to Springfield,
(Dayton, down the Miami vailcy to Cin
cinnati ; and turning our backs upon
:0h io's beautiful soil and villages, and ex
pensive fields of glistening maize, as we
j enter the Iloosier State and take up our
abode for the winter, Captain and Mate
| each at his former profession; —as we
treasure tfetoc secues iu memory, and uia
uy others not here referred to, we feel a
degree of satisfaction that well remvtner
iatcs us fur cur toils, aside from the phys
ical and intellectual beuefit derived from
mingling in uew scenes and forming uew
aud varied, associations.
The physical indisposition under which
I was laboring when I left, has entirely
vanished, and, in fact, I believe it to bi
one of the best "professional" tours cne
can take in his own country, and if you
should ever feci a recess from labor nec
essary, i vrould recommend the same trip
to you, takiug it at your leisure and abau
douing it at any time you desire. * *
®fej*-Every sincere Republican should
trv to get us ticvv subscribers—now.
Mifital
CiOVEIt^OK'S
EXECUTIVE CHAMBER. |
HarrisLvrg, January 4, 1800. j
Tv the Honorable the Senators and Members 0/
the House of Representative* of the Common
wealth of Pennsylvania:
GENTLEMEN : —ln complying with that
provision of the Constitution of Peuosyl-j
vania, which makes it the duty of the
Governor, from time to tiute, to give to j
the General Assembly information of the |
state of the Commonwealth, 1 am most J
happy, on this aceasion, again tocongrat
ulate the representative s of the pe>ple!
upon the highly favorable condition of the j
tiuances of the State.
Tim reocipte ®f the State Treasury,
from all souices. for the fiscal year ending
on the 80th of November, 1859, were 88,-
82G,350 14, to which add balance in
Treasury, December 1, 1858, $392,027-
70, and it wiil be seen that the whole sum
available for the year, was 84,718,377 90.
The expenditures, for all purposes, during
the same period, were $3,879,054 81.!
Leaving an available balance iu the Treas I
ury, on the Ist day <f December, 1859, 1
of $839,323 09.. Included Lu the expen
d tures for the fiseal year, are the follow-1
iug sums, viz :
Loans redeemed, $540,302 30
Relief notes cancelled, 4,137 00 :
Interest certificates paid, 4,843 3o j
Making of the public debt actually
paid during the year.the suin of $849,282 CO j
The funded and unfunded, debt of the Com- |
woHweaith, on Ist day of December, 1838,
was as follows :
FUKDID I)KBT.
C per cent, loans, $443,180 00
3 " " 38,420,003 UT
4 k 44 " 388,21)0 isO
4* u u )U0.&')&00 i
Total funded debt, $39,334,283 C7
l*EB t*K
Relief notes outstanding, S.JGS-.350 GO \
Interest certificates, 23,357 12
" " Unclaimed, 4,44$ 38
Domestic creditors, 802 50 |
Total unfuaided debs, $133,958 00 |
Making, the entire debt of the Cemmon- J
wealth, a* the period named, $39,488,243 C 7.'
The funded and unfunded debt of the state. :
at the close of the last fiscal year, December!
1, 135.9, stood as follows :
rVMßttt) OKBT.
C per cent, loans, 5400,C30 GO
5 14 * 4 3-7,025. L 52. 31
4d 44 44 385,290 00
4 41 u 100,000 00
' j
Total funded debt, $96,313,983-3-7 j
usrcNWBD- new.
Relief notes in circulation, $101,213 00 !
Interest certificates outstanding, 18,513 82 !
44 14 unclaimed, 4,418 38,
Domestic creditors,. 802 50;
Total unfunded dubt. $124,977 70
Mki>ug the public debt on the first day
of December last, 9GI 07.
Since the close of the fiscal year, the i
Commissioners of the Sinking Fund have
redeemed, of the five per cent, loans, the !
sum of $160,000, leaving the real debt of
the Common weal ik, ail this time, funded
and unfunded, $38,478,904 07. If we
deduct from this sum the amount of the
bonds received by the State, from the
sale of her public works, and now held by
her, as follows:
Bonds of I'enn'n railroad ro., $7,300,000 W
Bonds ofSunb. A Erie milr.d co., 3.500,000 00
I'otetts of WyotEiiug cauul ca., 281.000 00
Total, $11,081,000 OO'
we have $27,397,901 07, the remaining
dtbt of the Co-muio-nwealth, the principal
and interest to be provided for, fro.ua the
ordinary sources of revenue.
It will be observed, that from the Ist
day of December, 1858, to the 31st day
iof December, 1859, a period of thirteen
months, besides meeting all the ordinary
demands upon the Treasury, there has
been actually paid, on the principal of the
public dei t, 81,009,282 00.
When it is remembered, that during
this period, the law reducing the State
tax upou real and personal estate, from
; three to two and $ half mills, has been in
full lorce, and that nothing for the
year has been received from the Pcunsyl
. vania railroad company, on account of tax
on tonnage, making the receipts, from
, those two sources of revenue, less by four
I hundred thousand dollars, than they were
for the preceding year, it is a source of
1 congratulation that, vuder such circum
i stances, a result so favorable has been
produced by tlx* urdiuurj ope rat ions of
ibe Treasury.
For nearly two years past, the State has
been entirely free from the ownership or
j management of canals and railroads, and
j the gratifying result, thus far, is, that her
public debt is now less than it lias been
isiuce the year 1842, aud is decreasing at
, the rate of nearly one million of dollars
i per annum. Ji is now morally certain,
that nothing but the grossest mismanage
ment of the financial interests of the Siate,
t-an prevent its sure and speedy oxlmguiefo
ment. Why should not Pennsylvania
press onward until she is entirely free
j from debt 1 She is no longer engaged in
the construction of great works of intcr
i ual improvement, nor is she proprietor of
railroads or canals. Relieved' of tfcese,
governmental action is greatly simplified,
and is now happily limited to subjects of
a purely governmental character. Hav
ing ceased- to be interested in ordinary
business pursuits, it is her jrfnh* dtity to
devote he* best energies to relieving her
people from the burden of an wreroas bebt.
When this great result shall liavs been
accomplished, the necessary expenditures
of an economical administration of the
government, can be readily met without
the imposition of a State tax on real or
persoual estate —the remaining sources of
revenue being more than sufficient for all
legitimate purposes. Until that end, so
anxiously looked to, is secured, true wis
dom, as well as sound policy, dictates,
that our resources should be carefully hus
banded —that none of our present source?
of revenue should be cut off, or diminish
ed—that all departments of government
should consult a proper economy —that
all extravagant and unnecessary appropri
ations should be avoided—and that every
new scheme for embarrassing tire 'Treas
ury should meet with marked' condemna
tion.
Encouraging, as are the results of
the past two years, it must not be forgot
ten, that we- have bait just commenced the
payment of the pjiucipa'i of our debt; and
that to prevent a misapplication of the
public finances, aud thereby insure a con
tinuance of ks reduction, from year to
year, is manifestly tire first duty of those
placed by the Constitution in charge of
the Public Treasury,, and to whom belongs
the exclusive right of raising, economiz
ing and appropriating the-public revenue.
L earnestly commend this whole subjeet
to the careful attention of the Lsgislatisre
—entirely saitsfied, that, as ft is the nrodt
vital of all the interests committed to the
change oi tlie General Assembly, it will
receive thai consideration which its im
portance so eminently de-uittndc*.
Iu my last annual message, I comnru
nU-ated to the General Assembly all that,
up to that period, had been done under
the joca, entitled' " An- Aet for the sale of
the State canals," approved April 11,
ISXS. Since the adjournment of the last
Legislature-, satisfactory evidence having
bee-a given to iub, ©f the compliance of
the Suubury and Erie railroad company,
with the conditions mentioned in the third
section of the act referred to, the State
Treasurer, under my direction, has deliv
ered to the company tho canal bonds for
two millions of dollars, deposited in the
Treasury under the provisions of the said
act.
The railroad company has also become I
entitled to, and has received one million:
of dollars, of the mortgage bonds referred
to in. the- sixth section of lbs same act ;
leaving mortgage bonds amounting to
two and a half millions of dollars, still re
maining in the Treasury ef the Common-;
wealth, to be delivered to the company. I
4 'from time to time, pari passu, with the
progress of the work as ascertained by
the returns and estimates of the chief
engineer &f the- said company. When
the bonds last mentioned, shall have been
surrendered to the company, as directed
by la,v, the State will still hold, as abso
lute owner three and a half millions of
dollars, of the mortgage bonds of the
company, payable in the year 1872, and
sn the six s-ucseeding 7-' arc, as meiatiioot-j
od in the act of Assembly, with interest,!
at the rate of five per centum, per annum,
payable semi-annually, on the thirty-first
i days of January and July of each year. ;
i Interested, as the Common wealth is, in
the early completion of this important
thoroughfare, it affords me great pleasure
to be able to inform the General Assem
bly, that the progress of the work for
' the past year, has been highly satlsfucto
! ry '
The Eastern division of the road, ex
tending from Sunbury, in the county of
Northumberland, to Whcthem, in the
| county of Clinton, a distance of eighty
one miles, is finished; passenger and
freight trains passing over it daily. The
I Western division, exteuding from the
jesty of Erie, to the borough of Warren,
in Warren county, a distance of sixty-six
I miles, is, also completed, with regular
; passenger and freight trains now running
j over it daily. Making one hundred and
i forty seven nnles of railway, along the
line of the route, that have been already
j brought into practical operation—one
1 hundred and soven miles of which, ex
elusive cf sidings, were finished duriug
the past year. On the intermediate por
tion of the line, between tl e borough of
j Warren and Whcthara station, a distance
of one hundred and forty miles, ninety-five
and a half miles are graded, leaving but
; forty four and a half miles yet to be
j graded, to place the whole o-f the unfin
ished portion of the road in a position to
receive the superstructure. If no unto
ward eve-nt shall delay its vigorous pros
ecution, an-ofher year wilt not pass he
j Sore the entire line of the road will be
finished and in use : thus affording a di
rect and continuous communication, bv
railroad, from the city of Philadelphia to
the harbor of Erie.
1 Iy the twenty-second section of the
{ FOUR CRXTS.
TERMS,- $1.25 PER AMUUtL
tret approved the 18th day of April, 1846,
entitled "An Act to incorporate the
Pennsylvania railroad company," it i*
provided, "thataH tonnage, of whatsoev
er kind 1 or description, except the ordina
ry hag gage of passengers, loaded or re
ceived at Harrisburg, or Pittsburg, or at
any intermediate point, and carried or
conveyed on or over said railroad, mora
than twenty miles between the 10th dap
of March and the Ist day of December,
in each and every year, shall be subject
to a toll or duty, for the use of the Com
monwealth, at the rate of five mill* per
mile, for each ton of two thousand pouuds,
and it shall be the duty of said company,
between the 20th and 30th days of July,
and between the Ist and 10th days of
December, in each and every year, after
thirty miles or more of said railroad shall
have been completed, and in use, to cause
to be made out. and filed with the
Auditor General, a true and correct
statement, exhibiting the amount of sabl
tonnage, so loaded or received, and the
distance so carried or conveyed, during
the respective periods intervening be
tween the said 10th day of March, aud
the 20th day of July, and between the
said 20th day of July and Jie Ist day of
December, in each and every year ; which
said statement shall be verified by the
oath or affirmation of the receiving or
forwarding agent or agents or other pro
per officer or officers of said company
having knowledge of the premises, and
at the time of fifing said statement, on or
before the said 30th day of July, and tha
; 10th day of December, iu each and every
i year, the said company shall pay to the
State Treasurer, the amount of said toll or
| # 7
dusty, aoaccruing for the use of the Com
monwealth; during the respective inter
vening periods before mentioned." And
in a supplement to the act just referred
to, passed on- clre same day, it is further
| provided, "that in ca.se the said company
I .-bttll, at any time, fail to pay the toll on
tonnage, which may accrue, or become
due to the Commonwealt.i, under the
I provisions of said act, the same shall be
! ami remain a lien- on the property of the
.said company; and slsaiiliore precedence
over all other liens or incumbrance*
| thereon until paid." Hy the act of the
!'27th of March, 1348, the tax on touoasa
of five mills per ton, per mile, from the
lOth of March to the Ist of December,
was committed to a tax of three mills per
ton, per mile, during the whole year.
Subsequently, by the act of the Tib
May, 1855, lumber and coal were made
exempt from the tonnage tax.
In pursuauee of the provisions of the
several acts referred to, the Pennsylvania
railroad company has paid into the Treas
ury uf the CoiAmonwealth the following
sums, viz:
For the fiscal vear ending
Nov. 30, 1851, $7,51191
" " " " 1852, 16,680 49
" " 44 " 1653, 65,228 53
" " " " 1854 112,880 50
" " " " 1855* 129,230 5§
" " " " 1856, 226.018 s'.
" " " 1837, 179,933 75
" " 41 44 1638, 222,363 01
Snicc July, ISSB, the railroad company
has refused to pay this tax, and conse
quently there is now due from said com
pany, on that account, exclusive of inter
est, the sum of $7150,405 00.
f>n the 2fst of February, 1350, an ac
count was settled, by the Auditor Gen
eral, against the company, for the tax on
tonnage, ftoin the 21st day of July, to the
.30th day of November, 1858. inclusive,
amounting to the sum of $37,375 22.
From this settlement, the company, on
the 10th day of April, took an appeal to
i the court of common pleas of Dauphin
county; aud, in the specifications of ob
jections which were filed, it was averted
| that the- tax was unconstitutional, andsa
I opinion to that effect, signed by eminent
counsel, was filed in the office of the Au
: ditor General, at the time the appeal was
entered. In August last., the cause was
tried/, and after a full investigation, and
argument, the constitutionality of the law
j imposing the tax was affirmed by the
| court, and a verdiot and judgment render
; ir> faror of the Co mm on wealth, for the
amount claimed, with interest. The case
lias since bevn removed, by a writ of er
ror, to the Supreme Court of the State,
and will, probably, be heard and deter
mined, by that tribunal, in the <xnu% of
the present winter.
On the 25th day of August last, anoth
er account was settled against the com
pany, for the tax on tonnage, from the
:30th day of November, 1858, to the 20th
| day of July, 1859, amounting to the sunt
iof $159,368 58, from whieh an appeal
has also been taken by the railroad com
pany, and which will probably be tried
j during the present month.
As this question largely affects the revn
j nues of the Commonwealth, and as the
i principle involved is one of the first im
port&Uice, I have deemed it a duty to lay
before the General Assembly, somewhat,
in detail, the history of this tax, and the
present condition of the legal controver
sy growing out of its imposition and en
forcement. Tt will be observed, that th
1 power of the State to grant chartered