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 OF THE 
 
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LIBRARY 
 
 UNIYIW81TV Of ItUNOiS 
 
 UBBAHA 
 
 THE REPORT 
 
 OF 
 
 J. W. ALLEN, ESQ., 
 
 CIVIL ENGINEER, 
 
 UPON THE PRACTICABILITY OF EXTENDING THE 
 
 MORRIS AND ESSEX LINE OF RAIL ROAD, 
 
 (via DELAWARE, LEHIGH AND WYOMING VALLEY RAIL ROAD,) 
 FROM THE DELAWARE WATER GAP TO 
 
 WILKESBARRE, PA., 
 
 AND ULTIMATELY TO ERIE, PA., 
 
 (VIA SUNBURY AND ERIE RAIL ROAD — BEING THE SHORTEST ROUTE FROM 
 
 * 
 
 NEW- YORK WEST, BY SEVENTY MILES,) 
 
 INCLUDING 
 
 THE REPORT UPON COAL LANDS, 
 
 BY 
 
 WM. F. ROBERTS, ESQ., 
 
 PRACTICAL GEOLOGIST AND ENGINEER OF MINES, 
 TOGETHER WITH 
 
 REMARKS UPON THE EXTENSIVE TIMBER DISTRICT 
 (UPON THE LINE OF ROAD) WELL KNOWN 
 AS THE BEECH WOODS. 
 
 PRINTED FOR PRIVATE CIRCULATION ONLY. 
 
 NE W-YORK: 
 
 SNOWDEN, PRINTER, 70 WALL STREET, (4th STORY.) 
 
 1 8 5 3. 
 
Digitized by the Internet Archive’ 
 in 2017 with funding.from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/reportofjwalleneOOalle 
 
/4* Ac 4^ V 
 
 385 .? 
 
 f{3s3/o 
 
 * 
 
 This pamphlet has been carefully prepared in pursuance of a res- 
 olution passed at a meeting of a joint board of the Directors of the 
 New Jersey and Morris & Essex Railroad Companies, held at the 
 office of the New Jersey Railroad Company, No. 57 Merchants’ Ex- 
 change, on Friday, the 7th January, 1853, and a few copies ordered 
 printed for private circulation. 
 
 It is proper here to observe, that in the proceedings had in the 
 year 1850, it will be seen that it was purposed to connect with Elmira, 
 N. Y., but it will require only a single glance at the map ac- 
 companying this, to perceive the great importance of subsequently 
 forming a connection with the Sunbury & Erie Railroad, at Wil- 
 liamsport, which is 70 miles west of Wilkesbarre, our present ter- 
 minus. When such extension is made, passengers from Erie, Penn., 
 can reach this city, via Sunbury & Erie, Williamsport & Wilkes- 
 barre, Delaware, Lehigh & Wyoming Valley, and the Morris & 
 Essex railroads, nearly 70 miles shorter than the New York & Erie 
 Railroad, and 18 miles shorter than any other route now made or 
 contemplated, with this advantage to the city of New York, of pass- 
 ing through the great Coal Vallies of Wyoming and Lycoming, 
 containing the best Anthracite and Semi-Bituminous coal in the 
 world. 
 
 I , 
 
 In conclusion it is but proper to state that an offer has been made 
 by a well-known responsible and enterprising individual of this city, 
 “That if 500,000 dollars of the -stock in the Delaware, Lehigh & 
 Wyoming Valley Railroad is subscribed, he will guarantee the speedy 
 completion of this road,” which once accomplished, there is no good 
 reason to doubt that the extension west of Wilkesbarre will soon be 
 ready for the locomotive from Jersey City to Erie, Pennsylvania. 
 
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Wyoming Valley. Penn* 
 
New York, January 7th, 1853. 
 
 To 
 
 Stephen Whitney, 
 
 Hon. J. Phillips Ph(enix, 
 
 0. B. Conant, 
 
 Lyman Denison, 
 
 Amos R. Eno, 
 
 Henry R. Remsen, 
 
 New York. 
 
 Gouverneur Morris, 
 
 Morrisania. 
 
 Hon. D. S. Gregory, 
 
 Jersey City. 
 
 Adam Lee, 
 
 Rahway, N. J. 
 
 John Acken, 
 
 New Brunswick, N. J. 
 
 Wm. Coxe Dusenbery, 
 
 North Orange, N. J. 
 
 Wm. Redmond, 
 
 South Orange, N. J. 
 
 F. S. Lathrop, 
 
 Madison, N. J, 
 
 John P. Jackson, 
 
 Joel W. Condit, 
 
 Beach Yanderpool, 
 
 John S. Darcy, 
 
 Hon. Wm. Wright, 
 
 J. C. Garthwaite, 
 
 Edwin Van Antwerp, 
 
 Newark, N. J. 
 
 W. N. Wood, 
 
 Morristown, N. J. 
 
 Edward Lindsley, 
 
 Beaumont. 
 
 Jona. J. Slocum, 
 
 W. J. Woodward, 
 
 Geo. P. Steele, 
 
 Chas. Denison, 
 
 H. M. Fuller, 
 
 Wilkesbarre, Pa. 
 
 Gentlemen : — Having been requested by you, to examine the 
 country, between the Wyoming Valley, at Wilkesbarre* and the 
 Delaware River, at the Water Gap, with a view of ascertaining the 
 feasibility and probable expense of constructing a Railroad between 
 these points, as well as the prospect of business for the road when 
 built, I have the honor to report that my examination has resulted 
 in finding a practical line, which will not encounter more than ordi- 
 nary difficulties incidental to mountainous countiies. 
 
 The line examined commences at Wilkesbarre, and ascends the 
 slope of the mountain, passing over Laurel Brook to Mill Creek, 
 and ascends through the valleys of Mill and Panther Creeks, to the 
 summit near Panther Mountain, a distance of eighteen miles, with a 
 grade not exceeding sixty feet to the mile. 
 
 From this point, to the top of Pocono Mountain, crossing the 
 Lehigh Valley, a distance of seventeen miles, I think, a line can be 
 obtained with level and light descending grades. 
 
 * The North Branch Canal, connecting with the New York Public Works 
 and extending to the Chesapeake Bay, passes through Wilkesbarre. 
 
G 
 
 A line was recently run from the top of Pocono Mountain to the 
 Water Gap, twenty-three miles, by Mr. Foster, who reports that a 
 good line can be had, with a grade descending seventy-five feet to 
 the mile, for nine miles, (with a probability of reducing it to sixty,) 
 and the remaining fourteen miles easy descending grades. • I fully 
 concur with Mr. Foster. The whole length of the line will be about 
 fifty-six miles. A first-class railroad can be built and equipped on 
 the line described for two and a quarter millions of dollars. 
 
 From the foregoing description of the line, it will be seen that 
 after ascending the first eighteen miles from Wilkesbarre, the grades 
 will be either level or descending to the Water Gap, and in the di- 
 rection of the heaviest trade. 
 
 The limit of the capacity of the Road after reaching the summit 
 would oe fixed by the power of the engine to haul back the empty 
 cars'. We may set down the load for a twenty ton engine at four 
 hundred tons, and should the Belvidere & Delaware Railroad be ex- 
 tended to connect at the Water Gap, the same load may be carried 
 to Bordentown on tide water. The connection with this road, 
 would form a continuous line of railroad from Wilkesbarre to 
 Philadelphia, of one hundred and sixty miles in length. 
 
 The Morris and Essex Railroad now being extended to the Water 
 Gap, would form a continuous line with the proposed road from 
 Wilkesbarre to New York of one hundred and forty miles in length, 
 with the highest grades, ascending east, (with one exception,) of 
 forty feet to the mile.* Over this road a twenty ton engine would 
 haul two hundred tons, and coal would be delivered on ship board 
 at Jersey city, at all seasons, by the same car upon which it was 
 loaded at the mines, in twelve hours, instead of 'fifteen days, the 
 time now occupied in sending it by way of the Lehigh or Hudson 
 and Delaware Canals, which are closed three months in the year. 
 
 Although the proposed railroad will carry a large amount of coal 
 and timber, it is probable a considerable part of the profits will arise 
 from passengers and merchandise, as well as lime, from the counties 
 of Sussex and Warren, in New Jersey, for building and agricultural 
 purposes, there being no limestone in the vicinity of Wilkesbarre. 
 
 gee correspondence at close of Report, page 11. 
 
7 
 
 Tlie county of Luzerne has a population of sixty thousand, most 
 of which is within a few miles of Wilkesbarre. 
 
 The borough of Wilkesbarre has four thousand inhabitants. 
 Kingston, Wyoming, Forty-fort, Plymouth, Frenchville, Huntsville, 
 Leahman’s Corners, Franklin-centre, on the west side of the Susque- 
 hanna — Nauticoke and Pittston, on the east, are thriving and mostly 
 manufacturing villages in the immediate vicinity. 
 
 There are now running, connecting with lines to Philadelphia and 
 New York, five daily stages, carrying on an average fifty passengers 
 each way. As the railroad would furnish the shortest route to both 
 cities, it is safe to calculate by the new and more ample accommo- 
 dation which the railroad itself would furnish, that the travel would 
 increase at once to one hundred each way, per day. 
 
 • 
 
 Fifteen miles of the proposed road would pass through one of 
 the finest timber regions within the same distance from New York. 
 The forest there contains the best of building materials, ship spars, 
 birds eye maple, black walnut, &c., and the timber trade would be 
 an important item in the revenues of the Company. 
 
 During the past year there has been mined and sent to market 
 from the neighborhood of Wilkesbarre, including the Pennsylvania 
 Coal Mines at Pittston, one million tons of coal — while the coal 
 business, froih the want of facility of transportation, may be said to 
 be scarcely begun, although the coal of the Wyoming Valley is ac- 
 knowledged to be the best fuel of its kind brought to market, and 
 commands the highest price. 
 
 The coal appears to be inexhaustable, for twelve 'miles the face of 
 the mountain is one continuous bed. The strata are larger and can 
 be worked with greater facility than any other in this country, one 
 vein in the Baltimore mine near Wilkesbarre being twenty-four feet 
 in thickness of pure coal. 
 
 Within the last four years, the Pennsylvania Coal Company have 
 built a Gravity Railroad, fifty miles in length, from Pittston to 
 Hawley, on the Delaware & Hudson Canal, ten miles below Ilones- 
 dale, and during the last year have sent four hundred thousand tons 
 of coal to market — they bringing none but their own coal — the re- 
 
8 
 
 suit is, that all others, except the Wilkesbarre Company, who send 
 theirs over the White Haven inclined plane road, are obliged to seek 
 a market at the mouth of the Susquehanna river. 
 
 The increase in consumption of Anthracite coal, from the year 
 1820, the period of its first use, to 1850, inclusive, stated at each 
 successive five years, to show the progressive increase, will appear by 
 the following statement : 
 
 There was brought to market in 1820, - - - 365 tons. 
 
 do 
 
 do 
 
 1825, 
 
 - - 34,583 
 
 u 
 
 do 
 
 do 
 
 1830, 
 
 - - 174,734 
 
 u 
 
 do 
 
 do 
 
 1835, 
 
 - - 560,758 
 
 u 
 
 do 
 
 do 
 
 1840, 
 
 - - 865,444 
 
 u 
 
 do 
 
 do 
 
 1845, 
 
 - 2,023,052 
 
 u 
 
 do 
 
 do 
 
 1850, 
 
 about 3,200,000 
 
 u 
 
 do 
 
 do 
 
 1852, 
 
 “ 5,000,000 
 
 u 
 
 The preceding is but a faint index of the magnitude to which the 
 coal interest of Pennsylvania is to reach, and the avenues for the 
 transportation of the coal to market will have a corresponding im- 
 portance ; and those Railroads which have this resource to rely upon, 
 in addition to other trade naturally flowing to them, by the growth 
 of the country and an increasing travelling population, cannot fail 
 to be productive to their owners. 
 
 I 
 
 The cost of transporting coal on the Baltimore & Ohio Railroad, 
 is ascertained to be seven-eighths of a cent per mile. There is one 
 grade on this road as high as eighty feet to the mile, and a number 
 reaching above fifty feet. It will be safe to assume this as the cost 
 of transporting coal from Wilkesbarre to Jersey City, over roads of 
 lower grades. Then the cost of carrying a ton of coal over the 
 roads w'ould be one dollar and twenty-two and a half cents. 
 Coal is mined and delivered in the cars at Wilkesbarre for one dol- 
 lar per ton. The actual cost of a ton of coal, at Jersey City, would 
 be two dollars twenty- two and half cents, so that coal, sold at three 
 dollars and eighty-seven and half cents, would leave a profit to the 
 roads of one dollar and sixty-five cents per ton. 
 
 It is ascertained, from practical experience, that eighty cents per 
 mile will cover the cost of running a train of cars. A twenty ton 
 
9 
 
 engine will draw up a sixty foot grade, one hundred and thirty-three 
 tons. To make up a train of four hundred tons at the summit, the 
 engine would have to travel. over the road six times — one hundred 
 and eight miles ; from the summit to the Water Gap, twice over 
 the road — seventy-six miles ; making the whole distance travelled, 
 in transporting four hundred tons over the road, one hundred and 
 eighty-four miles, which at eighty cents per mile would cost one 
 hundred and forty-seven dollars and twenty cents, about thirty- 
 seven cents per ton. Now suppose five trains were run daily, there 
 would be, calculating for three hundred working days in the year, six 
 hundred thousand of tons carried over the road, at a cost of two 
 hundred and twenty-eight thousand dollars, and that the Company 
 charge two cents per ton, per mile — that is one dollar and twelve 
 cents per ton — six hundred thousand of tons will amount to six 
 hundred and seventy-two thousand dollars, leaving a profit of four 
 hundred and forty thousand dollars, or nearly twenty per cent, 
 on the capital required ; and this too, without taking into consider- 
 ation the passengers and timber, or back freight. 
 
 It is shown by the above calculation that a ton of coal can be de- 
 livered at a profit, at the Delaware Water Gap, eighty-four miles 
 from New York, for - - - - - - $2 12 
 
 Coal costs at Manch Chunk - - - - - 225 
 
 “ “ “ Pottsville, 205 
 
 From the Water Gap the coal can be taken direct to New York 
 by way of the Morris & Essex Railroad, or by the Belvidere & 
 Delaware Railroad, fifty-two miles, to the head of the Delaware & 
 Raritan Canal feeder, where it can be shipped into sea going vessels 
 carrying two hundred tons. 
 
 The price charged for transporting a ton of coal from Pottsville 
 to New York, 180 miles, is $2 40, and from Mauch Chunk, 140 
 miles, $2 30|. 
 
 Considering the road built, to Wilkesbarre, a glance at the accom- 
 panying map will show that it is the most direct route to the great 
 Lakes, and I am assured by gentlemen perfectly acquainted with the 
 country, that a good locomotive route can be had from Wilkesbarre 
 to Williamsport, by way of Shick-Shiny, Huntington, and Fishing 
 Creeks, and that the distance will be less than seventy miles. 
 
 2 
 
10 
 
 From Williamsport to Erie, a railroad 
 
 is in the com-se of con- 
 
 struction. 
 
 
 The city of Erie, in the State of Pennsyl 
 
 vania, is admitted to be 
 
 one of the best harbors on the Lakes. It 
 
 ig a proper point to base 
 
 a calculation, as here the various railroads diverge. 
 
 1st. — fhe New York & Erie Route : 
 
 
 From Erie to State line, 
 
 19 miles. 
 
 “ State line to Dunkirk, 
 
 28 “ 
 
 “ Dunkirk to New York, 
 
 - 460 “ 
 
 
 507 “ 
 
 2d. — Buffalo & Albany Route : 
 
 
 From Erie to State line, 
 
 1 9 miles. 
 
 “ State line to Buffalo, 
 
 69 “ 
 
 “ Buffalo to Albany, - . 
 
 328 “ 
 
 u Albany to New York, 
 
 144 “ 
 
 
 560 “ 
 
 3d. — By way of Easton <& N. J. Central Railroad : 
 
 From Erie to Williamsport, 
 
 240 miles. 
 
 “ Williamsport to Tamaqua, 
 
 90 “ 
 
 “ Tamaqua to Easton, - 
 
 60 “ 
 
 “ Easton to Elizabethport, - 
 
 64 “ 
 
 “ Elizabethport to New York, 
 
 14 “ 
 
 
 468 “ 
 
 4th. — By way of Wilkesbarre : 
 
 
 From Erie to Williamsport, 
 
 240 miles. 
 
 “ Williamsport to Wilkesbarre, 
 
 o 
 
 “ Wilkesbarre to Water Gap, 
 
 56 “ 
 
 “ Water Gap to New York, 
 
 84 “ 
 
 450 “ 
 
 It will be seen that the proposed route will he eighteen miles 
 shorter than by way of the third route ; one hundred and ten 
 shorter than the second ; and fifty-seven shorter than the first. 
 
 At Williamsport the road would connect with a railroad extending 
 to Elmira, and thence to Niagara, with a branch to Sodus Bay and 
 Oswego. 
 
11 
 
 The importance of the work may be brought before the public in 
 two distinct aspects ; one with a view to the great enhancement in 
 the real estate in Wilkesbarre, and along the line of the road, which 
 I believe would exceed materially the whole cost of the work; and the 
 other regarding it merely as an investment for capitalists. Either, in 
 my judgment, is sufficient to justify the immediate construction of the 
 road. 
 
 * 
 
 The enterprise is now submitted to your consideration, as entirely 
 feasible, and one that is fully believed will afford a lgige return for 
 the capital required for its construction. , 
 
 Respectfully, &c., 
 
 J. W. ALLEN, 
 
 Civil Engineer. 
 
 New York, February 1, 1853. 
 
 J. B. Bassinger, Esq., 
 
 Engineer of Morris d Essex Railroad , N. J. 
 
 My Dear Sir : — Having heard from a reliable source that certain 
 persons are doing all they can to create an impression that the 
 grades upon your road are so heavy, as to effectually prevent it ever 
 being used for the transportation of coal from the mines near Wilkes- 
 barre, Pa., to this city, you will very much oblige me, and 
 confer a favor upon the many friends of the enterprise in which I 
 am now engaged, (the constructing of the Delaware, Lehigh & Wyo- 
 ming Valley Railroad,) by giving the facts respecting the grades 
 upon your road, and whatever improvements are contemplated by 
 your Company, with permission to insert the same in the pamphlet 
 now preparing for private circulation. 
 
 Faithfully your friend, 
 
 WM. COXE DUSENBERY. 
 
12 
 
 Engineer’s Office, M. <k E. R. R. Co., 
 Dover, February 2, 1853. 
 
 Wm. Coxe Dusenbery, Esq., 
 
 My Dear Sir : — Yours of the 1st inst., asking for facts in regard 
 to the present grades of the Morris & Essex Railroad , and what 
 improvements are contemplated by the Company, is received. 
 
 I am well aware that very much has been said, and great efforts 
 made to cripple the operations of this Company in the extension of 
 their Road, creating the impression that the grades were such as to 
 effectually prevent the transportation of coal from the mines in Penn- 
 sylvania, to the city of New York. The reason for all this you prob- 
 ably well understand. From Morristown to the Water Gap, we have 
 no grade that exceeds 50 feet per mile, and nearly all of this is on an 
 ascending grade going west, leaving but very little elevation to over- 
 come in approaching the city of New York that will exceed 40 feet 
 per mile, and what there is that exceeds this, the line and grade is so 
 formed that it can be reduced without serious difficulty, as soon as 
 the business of the Road requires it. Very great care has been ob- 
 served so as to avoid sharp curves, and I can now safely inform you 
 that the hardest curve on the extension of this Road to the Water 
 Gap, is within a fraction of 2,000 feet radius. 
 
 What grades there are at present east of Morristown that exceed 
 those of the extension west of that place, the Company intend to 
 reduce, and to improve their Road otherwise, as soon as this is re- 
 quired by an increase of business — all of which can very easily be 
 done, and doubtless will be, as soon as the coal mines near Wilkes- 
 barre, Pa., are reached, presenting a line of Road with no ascending 
 grade, going east, that will exceed 40 feet, and none, going west, 
 of more than 50 feet per mile. 
 
 From these statements you will be able to draw your own conclu- 
 sions, and will doubtless readily see the advantages of this Road one 
 day or other, in reaching the coal regions from the city of New 
 York. 
 
 You are too well acquainted already with the distances and other 
 particulars in favor of this route, to say more at present. 
 
 Very respectfully, 
 
 Your ob’t servant, 
 
 J. B. BASSINGER, 
 Engineer of Morris & Essex Railroad. 
 
DELAWARE, LEHIGH 
 
 AND 
 
 WYOMING VALLEY RAILROAD. 
 
 AN ACT 
 
 TO INCORPORATE THE DELAWARE, LEHIGH AND WYOMING 
 VALLEY RAILROAD COMPANY. 
 
 Section 1 . Be it enacted by the Senate and House of Repre- 
 sentatives of the Commonwealth of Pennsylvania, in General As- 
 sembly met, and it is hereby enacted by the authority of the same, 
 That George M. Hollenback, George P. Steele, Thomas W. Miner, 
 Alexander H. Bowman, Hendrick B. Wright, Anthony H. Emely, 
 Ziba Bennett, Warren J. Woodward, Jonathan J. Slocum, Samuel 
 P. Codings, Edward Lindsley, Isaac Lewis, Samuel G. Turner, Styles 
 Williams and Frederick Nagle, of the County of Luzerne, and Milo 
 M. Dimock, James H. Walton and William Davis, of the County 
 of Monroe, or any five of them, be and they are hereby appointed 
 Commissioners to open books, receive subscriptions of Stock, and 
 organize a Company by the name, style and title of “ The Dela- 
 ware, Lehigh and Wyoming Valley Railroad Company,” with 
 all the powers, and subject to all the duties and restrictions pre- 
 scribed by an Act of Assembly of this Commonwealth, entitled “ An 
 Act regulating Railroad Companies,” approved the nineteenth day 
 of February, one thousand eight hundred and forty-nine.* 
 
 Section 2. That the Capital Stock of said Company shall con- 
 sist of fifty thousand shares of fifty dollars each. 
 
 Section 3. That the said Company shall have the right to build 
 and construct a Railroad from a point on the Delaware River, in the 
 
 * See Act No. 76, Page 17. 
 
14 
 
 said County of Monroe, at or near the Delaware Water Gap, to the 
 Borough of Wilkesbarre, in the said County of Luzerne, with a 
 single or double track, and of any guage and width that shall be 
 deemed advisable by the President and Directors of said Company, 
 by such route and grades as will, in the opinion of the said Presi- 
 dent and Directors, most conduce to the public interest, and to con- 
 nect with any Railroad or public improvement now constructed, or 
 which may hereafter be constructed, at either end or at any interme- 
 diate point on the line or route thereof, with the power also to ex- 
 tend a branch or lateral Railroad, or Railroads, to any point in said 
 County of Luzerne deemed useful and expedient by said President 
 and Directors, not exceeding ten miles in length in any case. 
 
 Section 4. That whenever any section or sections of five miles 
 of said Railroads shall be completed, the said Company may use, 
 occupy and enjoy the same as fully, and in the same manner, as if 
 the same were finished throughout its entire length. 
 
 Section 5. That whenever the parties cannot agree upon the 
 damages claimed, either for land or materials taken by said Com- 
 pany in the prosecution of their work, the said Company may ten- 
 der a Bond, and proceed in all respects as is provided and specified in 
 the second section of an Act entitled “ A Supplement to the Act in- 
 corporating the Pennsylvania Coal Company,” approved the seventh 
 day of March, one thousand eight hundred and forty-nine.* 
 
 Section 6. That, with the concurrence of the Legislature of 
 New Jersey, the said Company shall have the right to construct a 
 Railroad Bridge over the River Delaware, at or near the said Dela- 
 ware Water Gap, if deenjed advisable by said President and Di- 
 rectors, in order to connect with any Railroad or Railroads leading 
 from that point on the New Jersey side of said river, to Philadel- 
 phia or elsewhere. 
 
 Section 7. That said Company shall be, and they are hereby 
 authorized to borrow money to an amount not exceeding one mil- 
 lion of dollars, upon bonds to be issued by said Company, secured 
 by mortgage upon so much of the corporate property as shall be 
 
 See Supplementary Act, Page 33. 
 
15 
 
 deemed adequate for the purpose of such security, whenever the 
 said President and Directors shall deem the issue of such bonds ex- 
 pedient ; Provided, however, That the rate of interest on said bonds 
 shall not exceed the rate of seven per centum per annum, and that 
 said bonds shall be convertible into the stock of the said Company, 
 at the option of the holder or holders of said bonds : And provided, 
 also, That the whole amount of stock subscribed, and of bonds is- 
 sued, shall not exceed the sum of two millions, five hundred thou- 
 sand dollars, and that no bond be issued for a sum less than one 
 hundred dollars. 
 
 Section 8. That the President, Directors and Company of the 
 Delaware, Lehigh and Wyoming Valley Railroad Company, be and 
 they are hereby authorized to pay to the Stockholders entitled to 
 receive the same, in the months of January and July in each year, 
 interest, at the rate of six per centum per annum on all instalments 
 paid by them, and continue to pay the same till the road shall be 
 completed. All the profits or earnings of the said Railroad within 
 the same time, shall be credited to the cost of construction, and all 
 interest paid shall be charged to the cost of construction. Provided, 
 that interest shall not be paid upon any share of stock upon which 
 any instalment, which has been called for, remains unpaid. Provi- 
 ded further, That the stock of said Company, shall not be subject to 
 any Tax in consequence of the payment of the interest hereby au- 
 thorized, nor until the net earnings of the Company shall realize at 
 least six per centum per annum upon the Capital invested. 
 
 Section 9. That said Company shall afford every reasonable 
 facility and convenience for a connection with the Philadelphia, 
 Easton and Water Gap Railroad Company, which is hereby autho- 
 rized to be made by the Company last named, in such manner as 
 shall avoid the necessity for transhipment, and shall so regulate 
 their charges for motive power and transportation, that they shall not 
 in any case discriminate against said Philadelphia, Easton and Wa- 
 ter Gap Railroad Company, nor in favor of any other Company in 
 this or in any other State, to the exclusion or injury in any manner 
 of said Philadelphia, Easton and Water Gap Railroad Company, but 
 said charges shall be so regulated and made between the said Dela- 
 
16 
 
 ware, Lehigh and Wyoming Railroad Company and the said Phila- 
 delphia, Easton and Water Gap Railroad Company, for all passengers 
 and freight passing from one road to the other, and over the whole 
 or any portion of said respective lines of Railroad, that a pro-rata rate 
 per mile on passengers, and a pro-rata rate per ton per mile on 
 freight, shall he established and charged by each Company re- 
 spectively. And in any contract or agreement which may be made 
 by said Delaware, Lehigh and Wyoming Railroad Company with 
 any other Company, the said Philadelphia, Easton and Water Gap 
 Railroad Company, shall have the same privileges and advantages 
 in such contract or agreement, for the conveyance of passengers or 
 the transportation of freight, which may pass over or be destined to 
 pass over their road, or any portion thereof, as may in any case be 
 extended to or be enjoyed by any other Company in this or any 
 other State, and the said Philadelphia, Easton and Water Gap Rail- 
 road Company, shall in like manner reciprocate these privileges and 
 advantages with the Delaware, Lehigh and Wyoming Railroad 
 Company. 
 
 Section 10. That the Commissioners named in this Act are 
 hereby authorized to proceed at once to make a survey, and estab- 
 lish the site of the road contemplated by this Act. 
 
 W. P. SCHELL, 
 
 Speaker of the House of Representatives. 
 
 THO. CARSON, 
 
 Speaker of the Senate , 
 
 APPR 0 VED , the fourteenth day of March , Anno Domini , one 
 thousand eight hundred and fifty-three. 
 
 WM. BIGLER. 
 

lIBrfAKY 
 
 UNSY«tfSmr Of ILUNOli 
 URBANE 
 
KTo. 76. 
 
 AN ACT 
 
 REGULATING RAILROAD COMPANIES. 
 
 Section 1 . Be it enacted by tbe Senate and House 
 of Representatives of the Commontvealth of Pennsyl- 
 nia, in General Assembly met, and it is hereby enacted 
 by the authority of the same, That whenever a special Comml5Slontm 
 Act of the General Assembly shall hereafter be passed, 
 authorizing the incorporation of a company for the con- 
 struction of a railroad within this Commonwealth, the 
 commissioners named in such Act, or any five of them, 
 shall have power to open * books for receiving subscrip- 
 tions to the capital stock of such company, at such time Subscriptions, 
 or times, and at such place or places as they may deem 
 expedient, after having given at least twenty days notice 
 in one or more newspapers published in the county 
 where books of subscription are to be opened ; and at 
 the times and places so designated and named in the 
 public notices to be given, as aforesaid, the said commis- 
 sioners, or any two of them, shall attend and furnish to 
 all persons duly qualified, who shall offer to subscribe, 
 an opportunity of so doing; and it shall be lawful for 
 all such persons, and for all firms and co-partnerships, sab ‘ 
 
 by themselves or by persons duly authorized, to sub- 
 scribe for shares in said stock ; and the said books shall 
 be kept open at least six hours in every day, for the 
 term of three judicial days, or until there , shall have 
 been subscribed the whole number of shares authorized 
 by the special Act ; and if, at the expiration of three 
 
 3 
 
18 
 
 Proviso. 
 
 Letters Patent. 
 
 Incorporate. 
 
 Style. 
 
 Privileges. 
 
 days, the books aforesaid shall not have the number of 
 shares therein subscribed, the said commissioners may 
 adjourn from time to time, and to such places as they 
 may deem proper, until the whole number of shares 
 authorized as aforesaid shall be subscribed, of which ad- 
 journment the commissioners aforesaid shall give such 
 public notice as the occasion may require ; and when 
 the whole number of shares shall be subscribed, the 
 books shall be closed. Provided, always, That no sub- 
 scription for such stock shall be valid, unless the party or 
 parties making the same, shall, at the time of subscribing, 
 pay to the said commissioners five dollars on each and 
 every share subscribed, for the use of the company. 
 
 Section 2. That when ten per centum on the capi- 
 tal stock, as provided by any special Act of incorpora- 
 tion, shall have been subscribed and five dollars paid 0 n 
 each and every share, as aforesaid, the said commmis- 
 sioners, or such of them as shall have acted, shall certify 
 to the Governor, under their hands and seals, the names 
 of the subscribers and the number of shares subscribed 
 by each, and that five dollars on each share have been 
 paid, whereupon the Governor shall, by letters patent, 
 under his hand and the seal of the Commonwealth, cre- 
 ate and constitute the subscribers, and if the subscrip- 
 tion be not full at the time those who shall thereafter 
 subscribe to the number of shares aforesaid, their suc- 
 cessors and assigns, into a body politic and corporate, in 
 deed and in law, by the name, style and title designated 
 by the special Act of Assembly : and by the said name, 
 style and title, the said subscribers shall have perpetual 
 succession, with all the privileges, franchises and immuni- 
 ties incident to a corporation ; and be able to sue and be 
 sued, plead and be impleaded, in all courts of record and 
 elsewhere, and to purchase, receive, have, hold, use and 
 enjoy, to* them and their successors, goods, chattels, and 
 estate real and personal, of what kind and nature soever, 
 
19 
 
 and the same from time to time, to sell, exchange, mort- 
 gage, grant, alien, or otherwise dispose of, and to make 
 dividends of such portion of the profits as they may 
 deem proper ; and al$o tb make and have a common 
 seal, and the same to alter and renew at pleasure ; and 
 also to ordain, establish and put in execution, such by- B y- Laws - 
 laws, ordinances and regulations, as shall appear necessary 
 or convenient for the government of said corporation, not 
 being contrary to the constitution and laws of the Uni- 
 ted States or of this Commonwealth, and generally to 
 do all ai d singular the matters and things which to them 
 it shall lawfully appertain to do for the well being of 
 the said corporation and the due ordering and manage- 
 ment of the affairs thereof. Provided, That nothing Proviso, 
 herein contained shall be construed as in any way giving 
 to such corporation, any banking privileges whatever, 
 or any other liberties, privileges, or franchises but such 
 as may be necessary or conveneintto the procuring, own- 
 ing, making, maintaining, regulating and using their 
 railroad, the locomotives, machinery, cars and other ap- 
 pendages thereof, and the conveyance of passengers, the 
 transportation of goods, merchandise, and other com- 
 modities thereon. And provided further, That such com- p roviso . 
 pany shall not purchase or hold any real estate, except 
 such as may be necessary or convenient for the making 
 and constructing of their railroad, or for the furnishing 
 of materials therefor, and for the accommodation of de- 
 pots, offices, warehouses, machine-shops, toll-houses, en- 
 gine and water stations, and other appropriate appurte- 
 nances, and -for the persons and things employed or used 
 in and about the same. 
 
 Section 3. That the commissioners named as afore- Organization, 
 said, or such of them as shall have acted, shall as soon as 
 conveniently may be, after the said letters patent shall be 
 obtained, appoint a time and place for the subscribers to 
 meet, to organize the company, and shall give at least 
 
20 
 
 Officers 
 
 Froviso 
 
 Annual 
 
 ing. 
 
 two weeks notice thereof in the manner provided in the 
 first section of this Act; and the said subscribers, when 
 met, shall elect, by a majority of the votes present, to be 
 given in person or by proxy, a President and twelve 
 Directors, the President and a majority of whom, shall be 
 resident citizens of this commonwealth, and shall be 
 owners, respectively, of at least three shares in the stock 
 of such company ; and the said President and Directors 
 shall conduct and manage the affairs and business of said 
 company, until the second Monday in January then next 
 ensuing, and until others are chosen ; and may make,' 
 ordain and establish such by-laws, rules, orders and 
 regulations, and perform such other matters and things as 
 are by this Act authorized : Provided, That in case of 
 the resignation, death or removal of the President, the 
 Directors shall, by a majority of votes, supply the va- 
 cancy until the next annual election. 
 
 Meet Section 4. That the stockholders of such company 
 shall meet on the second Monday in January in every 
 year, at such place as may be fixed on by the by-laws, of 
 which notice shall be given, at least two weeks previously 
 by the Secretary, in the manner before mentioned, and 
 choose by a majority of the votes present, a President 
 and twelve Directors qualified as aforesaid, for the ensuing 
 year, who shall continue in office until the next annual 
 election, and until others are chosen ; at which annual 
 meeting, the said stockholders shall have full powers and 
 authority, to make, alter or repeal, by a majority of votes 
 given, any or all such by-laws, rules, orders and regula- 
 tions as aforesaid, and do and perform every other corpo- 
 rate Act, authorized by their charter : the stockholders 
 may meet at such other times and places as they be 
 summoned by the President and Directors, in such man- 
 ner and form, and giving such notice as may be prescribed 
 by the by-laws, and the President, on the request in 
 writing of any number of stockholders, representing not 
 
21 
 
 less than one tenth in interest, shall call a special meeting, 8 P*®‘ al Meet * 
 giving the like notice, and stating specifically the objects 
 of the meeting : and the objects stated in such notice, 
 and no other, shall be acted on at such special meeting. 
 
 Section 5. The elections for Directors provided for Elections, how 
 in this Act, shall be conducted as follows ; to wit : at the 
 first election, the commissioners shall appoint three stock- 
 holders to be judges of the said election, and to hold the 
 same ; and at every succeeding election the Directors, 
 for the time being, shall appoint three stockholders for 
 the like purpose ; and the persons so appointed by said 
 commissioners and directors, shall not be eligible to an 
 election as a Director at said election, and shall respective - 
 ly take and subscribe an oath or affirmation, before an # 
 
 Alderman or Justice of the Peace, well and truly and ac- 
 cording to law, to conduct such election to the best of 
 their knowledge and ability ; and the said judges shall 
 deeide upon the qualifications of voters, and when the 
 election is closed shall count the votes and declare who 
 have been elected ; and if at any time it shall happen, 
 that an election of directors shall not be made at the time 
 specified, the corporation shall not for that reason be dis- 
 solved ; but it shall be lawful to hold and make such 
 election of Directors, on any day within three months 
 thereafter, by giving at least ten days previous notice of 
 the time and place of holding said election in the manner 
 aforesaid ; and the Directors of the preceding year, shall 
 in that case continue in office, and be invested with all 
 powers belonging to them as such, until others are elec- 
 ted in their stead : in case of the death or resignation of 
 a Director, or a failure to elect in case of a tie vote, the 
 vacancy may be filled by the Board of Directors : at all the 
 general meetings or elections by the stockholders, each 
 share of stock shall entitle the holder thereof to one vote, 
 and each ballot shall have endorsed thereon the number 
 of shares thereby represented ; but no share or shares 
 
22 
 
 Quorum, 
 
 
 Certificates 
 
 Stock. 
 
 transferred within sixty days next preceding any election, 
 or general meeting of the stockholders, shall entitle the 
 holder or holders thereof, to vote at any such election or 
 general meeting ; nor shall any proxy be received, or 
 entitle the holder to vote, unless the same shall bear date, 
 and have been duly executed, within the three months 
 next preceding such election, or general meeting. 
 
 Section 6. That the President and Directors of such 
 company for the time being, are hereby authorized and 
 empowered, to exercise all the powers granted to the 
 corporation ; they shall meet at such times and places 
 as shall be by them deemed most convenient for the 
 transaction of their business and when met, seven shall 
 be a quorum to do business ; the President if present, 
 shall preside at all meetings of the board, and when 
 absent the board shall appoint a President pro. tern.; they 
 shall keep minutes of their proceedings fairly entered in 
 a suitable book, to be kept for that purpose ; they shall 
 choose a Secretary and Treasurer, and may appoint or 
 employ all such Officers, Engineers, Agents, Superinten- 
 dents, Artisans, Workmen or other persons, as in their 
 opinions may be necessary and proper in the management 
 of the affairs and business of said corporation, at such 
 times, in such manner, and under such regulations, as 
 they may from time to time determine ; they shall fix the 
 amount of the salaries and wages of such officers and per- 
 sons employed by them, and they may require bond, 
 with security in such amounts as they may deem neces- 
 sary, of each or any of said officers or other persons by 
 them appointed or employed, for the faithful discharge of 
 their duties, and generally to do all such other acts, 
 matters and things, as by this Act, and the by-laws and 
 regulations of said company, they may be authorized 
 to do. 
 
 Section 7 . That the President and Directors of such 
 company first chosen, shall procure certificates or evidences 
 
23 
 
 of stock for all the shares of such company, and shall 
 deliver one or more certificates or evidences, signed by the 
 President, countersigned by the Treasurer, and sealed 
 with the common seal of the corporation, to each person 
 or party entitled to receive the same, according to the 
 number of shares by him, her or them, respectively sub- 
 scribed or held, which certificates or evidences of stock 
 shall be transferable at the pleasure of the holder, in a Transferable, 
 suitable book or books, to be kept by the company for 
 that purpose, in person or by attorney duly authorized, 
 in the presence of the president or treasurer, subject, 
 however, to all payments due or to become due thereon ; 
 and the assignee or party to whom the same shall have 
 been so ‘transferred, shall thereupon be a member of said 
 corporation, and have and enjoy all the immunities, 
 privileges and franchises, and be subject to all the lia- 
 bilities, conditions and penalties incident thereto, in the 
 same manner as the original, subscriber would have been ; 
 
 Provided, That no certificate shall be transferred so long 
 as the holder thereof is indebted to said company, un- 
 less the board of directors shall consent thereto : And p rov iso. 
 provided, That no such transfer of stock shall have the * 
 effect of discharging any liabilities or penalties thereto- 
 fore incurred by the owner thereof. ' 
 
 Section 8. The capital stock of such company shall Capital stock, 
 be divided into shares of fifty dollars each, and shall be shares, 
 called in and paid at such times and places, and in such 
 proportions and instalments, not, however exceeding instalments, 
 five dollop per share in any period of thirty days, as 
 the directors shall require, of which public notice shall 
 be given, for at least two weeks next preceding the time 
 or times appointed for that purpose, in the manner above 
 mentioned ; and if any stockholder, shall neglect to pay 
 such proportion or instalment, so called for at the time 
 and place appointed, he, she or they shall be liable to 
 pay, in addition to the proportion or instalment so called 
 
24 
 
 Forfeiture 
 
 Proviso. 
 
 Dividends. 
 
 for, at the rate of one per cent, per month for the delay 
 of such payment ; and if the same and the additional or 
 any part thereof, shall remain unpaid for the period of 
 six months, he, she or they shall, at the discretion of the 
 directors, forfeit to the hse of the company all right, title, 
 and interest in and to every and all share or shares, on 
 account of which such default in payment may be made 
 as aforesaid, or the directors may at their option, cause 
 suit to be brought before any competent tribunal, for the 
 recovery of the amount due on such shaves, together with 
 the penalty of one per cent, per month as aforesaid ; 
 and in the event of a forfeiture, the share or shares so- 
 forfeited may be disposed of at the discretion of the 
 president and directors, under such rules and regulations 
 as may be prescribed by the by-laws. No stockholder 
 shall be entitled to vote at any election, nor at any gene- 
 ral or special meeting of the company, on whose share or 
 shares any instalment or arrearages, may be due more 
 than thirty days next preceding said election or meeting : 
 Provided, That no forfeiture of stock shall release or dis- 
 charge the owner thereof from any liabilities or penal- 
 ties incurred prior to the time of such forfeiture. 
 
 Section 9. That the dividends of so much of the 
 profits of such company as shall appear advisable to the 
 directors, shall be declared in the months of July and 
 January in each and every year, and be paid to the 
 stockholders or their legal representatives, on application 
 at the office of such company, at any time after the ex- 
 piration of ten days from the time of deceiving the 
 same ; but the said dividends shall in no case exceed the 
 amounts of the net profits actually acquired by the com- 
 pany, so that the capital stock shall never be impaired 
 thereby; and if the said directors shall make any divi- 
 dends which shall impair the capital stock of the com- 
 pany, the directors consenting thereto shall be liable, in 
 their individual capacities, to such company for the 
 
25 
 
 amount of the capital stock so divided, recoverable by 
 action of debt as in other cases ; and each director pres- 
 ent when such dividend shall be declared, shall be con- 
 sidered as consenting thereto ; unless he forthwith enter 
 his protest on the minutes of the board, and give public 
 notice to the stockholders of the declaring of such di- 
 vidend. 
 
 Section 10. That the president and directors of m ^^ d Sr- 
 such company shall have power and authority by them- mine route ’ &c ' 
 selves, their engineers, superintendents, agents, artizans 
 and workmen, to survey, ascertain, locate, fix, mark and 
 determine such route for a railroad as they may deem 
 expedient, not however passing through any burying 
 ground or place of public worship, or any dwelling house 
 in the occupancy of the owner or owners thereof, with- 
 out his, her, or their consent, and not except in the neigh- 
 borhood of deep cuttings, or high embankments, or 
 places selected for sidelings, turnouts, depots, engine or 
 water stations, to exceed sixty feet in width, and thereon 
 to lay down, erect, construct and establish a railroad, with 
 one or more tracks, with such branches or lateral roads 
 , as may be specially authorized, and with such bridges, 
 viaducts, turnouts, sidelings, or other devices as they may 
 deem necessary or useful between the points named, in 
 the special act incorporating such company, commence- 
 ing at or within, or extending to or into any town, city 
 or village, named as the place of beginning or terminus 
 of such road; and in like manner, by themselves, or 
 other persons by them appointed or employed as afore- 
 said, to enter upon and into, and occupy all land on 
 which the said railroad or depots, warehouses, offices, 
 toll houses, engines and water stations, other buildings 
 or appurtenances hereinbefore mentioned may be located, 
 or which may be necessary or convenient for the erection 
 of the same, or for any purpose necessary or useful in 
 the construction, maintenance or repairs of said railroad 
 
 4 
 
20 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 Damages, 
 
 ascertained 
 
 adjusted. 
 
 and therein and thereon to dig, excavate and embank, 
 make, grade and lay down and construct the same ; and 
 it shall in like manner be lawful for such company, their 
 officers, agents, engineers, contractors or workmen, with 
 their implements and beasts of draught or burden, to 
 enter upon any lands adjoining or in the neighborhood of 
 their railroad so to be constructed, and to quarry, dig, cut, 
 take and carry away therefrom any stone, gravel, clay, 
 sand, earth, wood, or other suitable material necessary 
 or proper for the construction of any bridges, viaduct or 
 other buildings, which may be required for the use, 
 maintenance or repairs of said railroad. Provided, That 
 before such company shall enter upon, or take possession 
 of any such lands or materials, they shall make ample 
 compensation to the owner or owners thereof, or tender 
 adequate security therefor. Provided further, That the 
 timber used in the construction or repair of said rail- 
 road, shall be obtained from the owner thereof only by 
 agreement or purchase. And provided further, That 
 whenever any company shall locate its road in or upon 
 any street or alley in any city or borough, ample com- 
 pensation shall be made to the owners of lots fronting 
 upon such street or alley, for any damages they may sus- 
 tain by reason of any excavation or embankment made 
 in the construction of such road, to be ascertained as 
 other damages are authorized to be ascertained by this 
 Act. 
 
 r Section 11. That when the said company cannot 
 agree with the owner or owners of any lands or mate- 
 rials, for the compensation proper for the damage done 
 or likely to be done to, or sustained by any such owner 
 or owners of such lands or materials, which such com- 
 pany may enter upon, use or take away, in pursuance of 
 the authority hereinbefore given, or by reason of the ab- 
 sence or legal incapacity of any such owner or owners, 
 no such compensation can be agreed upon, the Court of 
 
27 
 
 Common Pleas of the proper county, on application 
 thereto by petition, either by said company or owner or 
 owners, or any one in behalf of either, shall . appoint 
 seven discreet and disinterested freeholders of said coun- 
 ty, neither of whom shall be residents or owners of prop- 
 erty upon or adjoining the line of such railroad, and ap- 
 point a time, not less than twenty nor more than thirty 
 days thereafter, for said viewers to meet at or upon the 
 premises where the damages are alledged to be sustained, 
 of which time and place ten days notice shall be given 
 by the petitioner to the said viewers and the other party ; 
 and the said viewers, or any five of them, having been 
 first duly sworn or affirmed, faithfully, justly and im- 
 partially to decide and true report to make concerning all 
 matters and things to be submitted to them, and in re- 
 lation to which* they are authorized to inquire in pursu- 
 ance to the provisions of this Act, and having viewed 
 the premises they shall estimate and determine the quan- 
 tity, quality and value of said lands so taken or occupied, 
 or to be so taken or occupied, or the materials so used 
 or taken away, as the case may be, and having a due re- 
 gard to and making just allowance for the advantages 
 which have resulted, or which may seem likely to result, 
 to the owner or owners of said land or materials, in con- 
 sequence of the making or opening of said railroad, and 
 of the construction of works connected therewith ; and 
 after having made a fair and just comparison of said ad- 
 vantages and disadvantages, they shall estimate and de- 
 termine whether any, and if any, what amount of dam- 
 ages has been or may be sustained, and to whom paya- 
 ble, and make report thereof to the said court ; and if 
 damages be awarded, and the report be confirmed by 
 the said court, judgement shall be entered thereon ; and 
 if the amount thereof be not paid within thirty days 
 after the entry of such judgement, execution may then 
 issue thereon as in other cases of debt, for the sum so 
 
28 
 
 Causeways. 
 
 To be kept i 
 good repair, “ 
 
 Proviso. 
 
 awarded, and the costs and expenses incurred shall be 
 defrayed by the said railroad company • and each of 
 said viewers shall be entitled to one dollar and fifty 
 cents per day for every day necessarily employed in the 
 performance of the duties herein prescribed, to be paid 
 by such railroad company. 
 
 Section 12. That whenever in the construction of 
 such road or roads, it shall be necessary to cross or inter- 
 sect, any established road or way, it shall be duty of the 
 president and directors of the said company, so to con- 
 struct the said road across such established road or way, 
 as not to impede the passage or transportation of persons 
 or property along the same, and that for the accommo- 
 dation of all persons owning or possessing land through 
 which the said railroad may pass, it shall be the duty of 
 such company to make or cause to be made, a good and 
 sufficient causeway or causeways, whenever the same 
 may be necessary to enable the occupant or occupants of 
 said lands to cross or pass over the same, with wagons, 
 carts and implements of husbandry as occasion may re- 
 quire ; and the said causeway or causeways when so 
 made, shall be maintained and kept in good repair by 
 such company ; and if the said company shall neglect 
 or refuse, on request, to make such causeway or cause- 
 ways, or when made, to keep the same in good order, 
 the said company shall be liable to pay any person ag- 
 grieved thereby, all damages sustained by such person 
 in consequence of such neglect or refusal ; such damages 
 to be assessed and ascertained in the same manner as 
 provided in the last section for the assessment of dama- 
 ges : Provided, That the said company shall in no case, 
 to make or cause to be made, more than one causeway 
 through each plantation or lot of land, for the accommo- 
 dation of any one person owning or possessing land 
 through which the said railroad may pass ; and where 
 any public road shall cross such railroad, the person 
 
29 
 
 owning or possessing land through which the said public 
 road may pass, shall not be entitled to require the com- 
 pany to erect or keep in repair, any causeway or bridge 
 for accommodation of the occupant of said land. 
 
 Section 13. That if any such railroad company shall 
 find it necessary to change the site of any portion of C aion. seofL °" 
 any turnpike or public road, they shall cause the same to 
 be reconstructed forthwith at their own proper expense, 
 on the most favorable location, and in as perfect a man- 
 ner as the original road: Provided, That the damages Proviso, 
 incurred in changing the location of any road authorized 
 by this section, shall be ascertained and paid by such 
 company in the same manner as is provided for in re- 
 gard to the location and construction of their own road. 
 
 Section 14. That in all suits or actions against such s er viceofpro- 
 company, the service of process on the president, secre- ce8S ’ 
 tary, treasurer, engineer, agent or any director of the 
 same, shall be good and available in law ; but no suit or 
 action shall be prosecuted by any person or persons, for 
 any penalties incurred under this act, unless such suit or 
 action shall be commenced within two years next after 
 the offence committed or cause of action accrued ; and 
 the defendants in such suit or action may plead the 
 general issue, and give this act and the special matter in 
 evidence, and that the same was done in pursuance and 
 by authority of this act. 
 
 Section 15. That if any person or persons shall Penalty for com- 
 
 , < . A mining injuries 
 
 wilfully and knowingly break, injure or destroy, any 10 works> &c * 
 railroad authorized by special act of Assembly, or any 
 part thereof, or any edifice, device, property or work or 
 any part thereof or any machinery, engine, car, imple- 
 ment or utensil, erected, owned or used by such company, 
 in pursuance of this act, he, she or they so offending, 
 shall forfeit and* pay to such company, three times the 
 actual damage so sustained, to be sued for and recovered 
 
30 
 
 Penalty for mis 
 demeanor. 
 
 Proviso. 
 
 Statement 
 affairs, &c. 
 
 Public high- 
 ways. 
 
 with full costs, before any tribunal having cognizance 
 thereof, by action in the name and for the use of the 
 company. 
 
 Section 16. That if any person or persons shall 
 wilfully and maliciously remove or destroy any part of 
 the road, property, buildings or other works, belonging 
 to such company, or place designedly and with evil in- 
 tent, any obstruction on the line of such railroad, so as 
 to jeopard the safety or endanger the lives of persons 
 traveling on or over the same, such person or persons so 
 offending, shall be deemed guilty of a misdemeanor, and 
 shall on conviction be imprisoned in the county jail or 
 penitentiary, at the discretion of the court, for a term 
 not more than three years : Provided, That nothing here- 
 in contained shall prevent the company from pursuing 
 any other appropriate remedy at law in such cases. 
 
 Section 17. That at each annual meeting of the 
 stockholders of any such company, the president and 
 managers of the preceeding year, shall exhibit to them a 
 full and complete statement of the affairs and proceed- 
 ings of the company for such year, with all such mat- 
 ters as shall be necessary to convey to the stockholders 
 a full knowledge” of the condition and affairs of the 
 company ; and the said president and directors of every 
 such company, shall whenever required, furnish to the 
 legislature, or either branch thereof, a full and authentic 
 report of their affairs and transactions, or such informa- 
 tion relating thereto, as may be demanded of them. 
 
 Section 18. That upon the completion of any rail- 
 road authorized as aforesaid, the same shall be esteemed 
 a public highway, for the conveyance of passengers, and 
 the transportation of freight, subject to such rules and 
 regulations, in relation to the same, and to the size and 
 construction of wheels, cars, and carriages, the weight of 
 loads/and all other matters and things connected with 
 
31 
 
 the use of said railroad, as the president and directors 
 may prescribe and direct: Provided, That the said com- Proviso, 
 pany shall have the exclusive control of the motive 
 power, and may from time to time establish, demand and 
 receive such rates of toll, or other compensation, for the 
 use of such road and of said motive power, and for the 
 conveyance of passengers, the transportation of mer- 
 chandize and commodities, and the cars or other vehi- 
 cles containing the same, or otherwise passing over or 
 on the said railroad, as to the president and directors 
 shall seem reasonable : Provided, however, nevertheless, Proviso. 
 
 That said rates of toll and motive power charges, so to 
 be established, demanded or received, when the cars used 
 for such conveyance or transportation, are owned or fur- 
 nished by others, shall not exceed two and one half cents To n # 
 per mile for each passenger, three cents per mile for each 
 ton of two thousand pounds of freight, three cents per 
 mile for each passenger or baggage car, and two cents 
 per mile for each burden or freight car, every four wheels 
 being computed a car ; and in the transportation of 
 passengers, no charge shall be made to exceed three 
 cents per mile for through passengers, and three and a 
 half cents per mile for way passengers. 
 
 Section 1 9. That if any company incorporated as Commence, 
 aforesaid, shall not commence the construction of their pietion of road’, 
 proposed railroad within three years, and complete and 
 open the same for use, with at least one track, within 
 the term prescribed by the special act authorizing the 
 same, or if after completion, the said railroad shall be 
 suffered to go into decay, and be impassable for the term 
 of two years, then this charter shall be null and void, 
 except so far as to compel the said company to make 
 reparation for damages. 
 
 Section 20. That if any company incorporated as Reservation, 
 aforesaid, shall at any time misuse or abuse any of the 
 privileges granted by this act, or by the special act of 
 
32 
 
 Proviso. 
 
 incorporation, the Legislature may revoke, all and singu- 
 lar the rights and privileges so granted to such company ; 
 and the Legislature hereby reserves the power to resume, 
 alter or amend any charter granted under this act, and 
 take for public use any road constructed in pursuance of 
 such charter : Provided, That in resuming, altering, or 
 amending said charters, no injustice shall be done to the 
 corporators, and that in taking such roads for public use, 
 full compensation shall be made to the stockholders. 
 
 WILLIAM F. PACKER, 
 Speaker of the House of Representatives. 
 
 GEORGE DARSIE, 
 
 Speaker of the Senate. 
 
 APPROVED — - The nineteenth day of February , 
 one thousand eight hundred and forty^nine. 
 
 WM. F. JOHNSTON. 
 
33 
 
 (A SUPPLEMENT,) 
 
 To the Act Incorporating the Pennsylvania Coal Company, 
 
 “ Section 2d. That in all cases where the parties cannot agree 
 on the amount of damages claimed, either for lands or materials, the 
 company shall tender a bond with sufficient security to the party 
 claiming the damages, the condition of which shall be that the 
 company will pay or cause to be paid, such amount of damages as 
 the party shall be entitled to receive, after the same shall have been 
 agreed upon by the parties, or assessed under the act to which this 
 is a supplement : 
 
 Provided , That in case the party or parties claiming damages 
 refuse to accept the bond as tendered by the company, the company 
 shall in every such case present their bond to the Court of Common 
 Pleas of the proper county, and if the court approve of the security, 
 shall direct the same to be filed for the benefit of those to whom it 
 is given ; which bond shall be answerable as all other debts for the 
 amount of damages assessed, if the same be not paid in a reasonable 
 time after such assessment: And provided further , That upon the 
 filing of such bonds it shall be lawful for the President, Directors 
 and company, or any of their agents, to enter upon any land which 
 they shall deem necessary for the construction of said road, either 
 by the making of any excavation or embankment, or for the purpose 
 of searching for earth, stone or gravel.” 
 
 5 
 
34 
 
 % 
 
 Beaumont, Luzerne Co., Penn., 
 
 January 15 th, 1853. 
 
 Wm. Coxe Dusenbery, Esq., 
 
 Dear Sir : — Agreeably to your request, we proceed to give you all 
 the information we have within our knowledge, in regard to the 
 Timber Lands in this section, and the cost of manufacturing Lumber. 
 
 We stated to you in our last conversation, when recently in your 
 city, that we believed there was from two hundred and fifty to three 
 hundred million feet of all kinds of timber and lumber that would 
 go to market over a railroad passing through the country where it is 
 contemplated the route from Wilkesbarre to the Delaware Water 
 Gap will pass. In conversing with others, we find that it will ex- 
 ceed that amount. We have made our estimate by taking three 
 miles wide on each side of the Road, commencing east of Tobyhan- 
 nah River and going west fifteen miles to Shiney Mountain, but we 
 have good reason to know that lumber will be brought a much 
 greater distance to the Road. We believe a great part of the tim- 
 ber lands lying in the three miles, can be purchased at from one to 
 six dollars per acre, according to the quality, quantity, and variety of 
 the timber growing on the same. The cost of saw mills will be 
 about two thousand dollars for each saw, and each saw will manu- 
 facture from eight hundred thousand to a million feet of lumber in 
 a year. Water power is more uncertain than steam, as to quantity, 
 as they are subject to drought in summer and frost in winter, whereas 
 a steam mill will average twelve hundred thousand feet a year for 
 each saw. 
 
 The average cost of cutting the timber, and sawing and delivering 
 on the line of railroad, we do not think will exceed three dollars and 
 seventy-five cents, or four dollars, the thousand feet, (that is, after the 
 steam saw mills are erected, which can be located in the woods, to 
 favor the hauling of the timber, and the delivery of the lumber to 
 the railroad.) The cost of transportation, Mr. Bassinger (the Engi- 
 neer of the Morris & Essex Railroad,) informed us, would be from 
 three to four cents per thousand feet per mile. The cost of the land, 
 which is covered with pine, spruce, hemlock, beech, birch, maple, 
 white ash, and cherry, with the manufacturing into lumber, we think, 
 
35 
 
 will average twelve dollars per thousand feet, delivered in the market. 
 Now allowing for erection of mills, the cost of manufacturing the 
 lumber, and transportation to market, at the above average, there 
 will be a profit of from five to eight dollars per thousand feet. The 
 amount that will be realized will be in proportion to the quantity of 
 lands purchased. 
 
 There is no timber, in any quantity, so near New York or Phila 
 delphia, as this, which will give it a higher rate of profit than can 
 be obtained from any other place where timber lands can be pur- 
 chased. 
 
 A large proportion of these lands, now covered with timber, will 
 be worth as much, or more, after the timber is cut off, for farming 
 purposes, than they are now. Mr. Isaac Lewis, living near the con- 
 templated route, on the Lehigh River, last spring planted potatoes 
 on a piece of new ground, by digging holes here and there among 
 the stumps and logs, without manure, and raised a fine crop, which 
 is a proof of the quality of the soil. 
 
 We believe we have given all the information you desired, and as 
 near the facts as it will be possible to arrive at ; any further informa- 
 tion, however, that you may want, we will cheerfully give, to the 
 best of our knowledge, at any time. 
 
 Respectfully yours, Ac., 
 
 EDWARD LINDSLEY, 
 
 A. LEWIS. 
 
APPENDIX 
 
 During the summer of 1850, some triends in this city, whose 
 attention was drawn to this great enterprise, employed Wm. F. 
 Roberts, Esq., a well-known practised geologist, to examine some 
 lands upon or very near the contemplated line of road, to ascertain 
 if there was any coal upon them. Here is his 
 
 REPORT. 
 
 Wilkesbarre, Pa., June 20th, 1850. 
 
 To 
 
 John Alstyne, Esq., 1 
 
 Simeon Draper, Esq. >• of New York. 
 
 Wm. Coxe Dusenbery, Esq., ) 
 
 Gentlemen : 
 
 In compliance with your request, I at once proceed to submit 
 my Report upon the Western portion of the third tier of Lots in 
 Pittston Township, Luzerne County, Pennsylvania, the result of two 
 examinations — the first in the fall of 1839, the second in the spring 
 of 1850, by Wm. F. Roberts, Practical Geologist and Engineer of 
 Mines. 
 
 The examinations above referred to, of a part of the third tier of 
 lots, lying between the waters of Mill creek, a tributary of the Sus- 
 quehanna, on the division line between the townships of Pittston 
 and Wilkesbarre, and the waters of Miller’s Creek, a tributary of the 
 Lackawanna, was made for the purpose of ascertaining the Geologi- 
 cal value of these lands for Anthracite coal, and the facts and con- 
 clusions arrived at are as follows : 
 
 The boundary of the coal formation (the conglomerate rock on 
 which the coal veins repose,) crops out on the summit of the moun- 
 tain at the point of intersection of the north-western and north- 
 eastern lines of Pittston certified Township, a short distance south- 
 east from the intersection of the south-western line of Wilkes- 
 barre Township, on the knoll of the mountain north-east of the gap 
 
37 
 
 of Mill Creek. The course of the mountain, and the general range 
 of the outcrop of the coal veins from Mill Creek gap in an east- 
 wardly direction, diverges gradually from the line of Pittston Town- 
 ship, and consequently the distance is continually increasing east- 
 wardly, between the range of the outcrop of coal veins and the 
 Township line of Pittston, and thus the third tier of lots command 
 the lowermost veins of the formation, (which are the largest and 
 produce the best coal,) and those in the third tier are nearer to the 
 surface than they are at the RivA, and better adapted for economical 
 mining. 
 
 It was formerly considered, and indeed is at the present time as- 
 serted, by some persons, that the third tier of lots in Pittston Town- 
 ship are of very little value for coal. They are, and always have 
 been, what may be termed “ run down,” by parties interested in the 
 lands and mines Contiguous to the river, who hold the opinion that 
 no other land contains coal except that in which they are interested ; 
 thus the prejudice of these persons has done much to prevent the 
 purchase of land in the third tier of lots, and for this reason, and 
 this alone, the third tier of lots are valued by their respective owners 
 (except in one or two instances,) at so low a price in comparison to 
 that which is now being asked, and for which lots are now being 
 sold at in the second tier, which lots are really not so valuable for 
 mining purposes, as the third tier, and there is question if they con- 
 tain as much available coal. 
 
 The lots in Pittston Township are divided into four tiers, by lines 
 drawn pretty much in the same direction as the line of the coal 
 strata. The lots are generally divided into narrow strips, which 
 cross the measures at right angles to the range of the outcrop 
 of the coal veins. These lots were divided previous to the discovery 
 of coal in that section, and narrow strips were made for the purpose 
 of giving to each lot-holder an equal proportion of mountain with 
 bottom land. In making purchases for mining operations, it is very 
 necessary to secure several of these narrow lots connected together, 
 to get a sufficient workable distance on the range of coal veins, which 
 is not easily accomplished ; in some places it is impossible, in conse- 
 quence of the different and various ownerships. The lots therefore, 
 to which this Report refers, are not only valuable as coal lands, but 
 6 
 
38 
 
 they are likewise valuable, and very advantageously situated for 
 mining, as a connected body of lands. The lots in Pittston Town- 
 ship, as I before stated, are divided into four parts — the river tier — 
 the first tier — the second tier — and the third tier. 
 
 The prejudicial opinions are not merely confined to a depreciation 
 of the value of the third tier of lots in Pittston Township, by the 
 owners of the front or River lots, but these opinions exist and are 
 much used to depreciate the value of^sach others coal property in that 
 section. Each owner considers himself to possess the best coal tract, 
 and should one property-holder develope a vein of coal on his es- 
 tate which had not been opened on his neighbor’s, it was then cer- 
 tain that he possessed that vein to himself, and that his neighbor, 
 who had not troubled himself to open, it, did not possess it at all, 
 although the Geological evidence was as strong as could be that the 
 vein went through his neighbor’s estate and beyond it. 
 
 It is true that these prejudices are not so strong as they formerly 
 were, and every new developement has a tendency to weaken them, 
 and to prove the great regularity of the coal strata through the Wy- 
 oming coal field. As development after development is made in 
 the river and first and second tiers of lots, each tending in some 
 measure to give value to the third tier, the eyes of the more intelli- 
 gent miners and operators in that coal region, are being favorably 
 turned to the third tier, and many of them, even now, without fur- 
 ther developments in that tier, are coming out boldly and asserting 
 that the third tier of lots are really valuable coal lands, and the 
 owners of these lands are waking up to their value. 
 
 The fourteen feet vein of coal in the vicinity of Pittston makes 
 several angles or abrupt curves, dipping and rising alternately several 
 times in the river and first tier, and a short time since a develop- 
 ment w r as made at Mr. Benedict’s mine, near the division line 
 between the second and third tier of lots, completely upsetting' the 
 theory that heretofore existed, that the fourteen feet vein of coal was 
 confined to the neighborhood of Pittston, and did not exist in the 
 second tier. The discovery was the proving, by Mr. Benedict’s oper- 
 ations, that the fourteen feet vein of coal folded over and dipped 
 
underneath the tract in the second tier, back or south of his mine. 
 In consequence of this discovery, Mr. Benedict purchased the tract 
 in the second tier at about 100 dollars per acre. 
 
 The fourteen feet vein of coal forms a basin underneath the second 
 tier, and rises, making an outcrop on the side of the mountain in 
 the third tier. It will require a deep shaft to work the fourteen feet 
 vein of coal in the second tier. A bore hole was put down by Col. 
 Wright and Company, in the tract next west of Mr. Benedict’s pur- 
 chase, to a depth of about 160 feet, which did not reach the four- 
 teen feet vein, and from the measures in which the bore was discon- 
 tinued, it is presumed that the bore hole must be continued much 
 deeper before it would reach the fourteen feet vein of coal, conse- 
 quently this vein cannot be mined in the second tier without the 
 construction of expensive pumps to draw the coal to the surface, 
 while the same vein in the third tier will be above water level, and 
 the coal could be mined with great facility, and without the addi- 
 tional cost of pumping the water, or winding the coal to the surface. 
 
 The advantages of the third tier of lots in Pittston Township, as 
 regards the facilities for mining the coal, are unequalled in that sec- 
 tion. Tfyey command the lower series of veins of the Anthracite 
 formation of Wyoming Valley, and these crop out on the side of the 
 mountain, and consequently these lots command an abundunce of 
 coal above water level, and that of the purest and best quality. 
 These coal veins may be opened and worked from the gaps of Mill 
 Creek, without incurring the enormous expense of driving tunnels 
 across the strata, through rock, or sinking of shafts, or slopes, to 
 obtain workable breasts. The veins of coal may be entered at once 
 from the gaps, and by continuing in the vein a water level roadway, 
 great breasts of coal would be gained which could be mined and 
 delivered on the surface at very cheap rates. 
 
 The distance from the proposed sites for mining operations in that 
 portion of the third tier of lots to which this report refers, to the 
 place selected for the shipment of the coal, is not more than two 
 miles — an easy down-hill grade. Taking into consideration this 
 fact, together with the superior situation of the coal veins for mining 
 above water level, the third tier of lots are actually far more valua- 
 
40 
 
 ble than those of the second tier, or even those of the first, or the 
 front tier, which are close upon the banks of the Canal, because in 
 the first place, the veins underlaying the fourteen feet vein of coal, 
 and even in many places on the River lots, are all below water level, 
 and the twenty-eight feet vein of coal, so celebrated for its purity, is 
 at great depth below the 'surface, at the River ; even the fourteen 
 feet vein, in most places where it is worked in the River lots, is ap- 
 proached either by a tunnel, slope, or shaft, constructed at great 
 cost. 
 
 In the river and first tier of lots, the coal veins are much contorted, 
 and as I before stated, make several abrupt axis and narrow basins, 
 and where these contortions exist, the facilities for mining are retarded, 
 and the coal strata is much more liable to fault than it is where the 
 axis are farther from each other. 
 
 In the mountain range of coal strata of the third tier of lots to 
 which this Report refers, these contortions do not exist, for the coal 
 veins after basining under the second tier, crop out on the side of 
 the mountain in the third tier ; and these crops are well delineated 
 on the surface, in a regular unbroken line from Mill Stream Gap to 
 Miller’s Stream. 
 
 In the river and first and' second tiers of lots are impediments to 
 mining operations, in the shape of sand banks and gravel mounds, 
 caused by the change of the course of the waters of the Susque- 
 hanna and its tributaries, making their way through the valley for 
 ages past. These do not exist in the third tier of lots in Pittston 
 Township. 
 
 Another advantage which the third tier of lots has over the river 
 and first tiers, is its growth of timber, which for mining purposes is 
 abundant in that tier. Time must come, and that before long, when 
 timber land in the valley of the Wyoming, contiguous to the mines, 
 will be worth more than coal land is worth at the present time. 
 
 The lots in the third tier in Pittston Township, it must be borne 
 in mind, are admirably situated for market. The river lots cer- 
 tainly, at the present time, have the advantage of being close to the 
 line of the Pennsylvania canal, so far as regards the contiguity of 
 the mines to navigation for shipment of the coal when raised. The 
 
41 
 
 advantage thus gained is about the distance of two miles of railroad 
 of an easy down-hill grade. But as regards the future improve- 
 ments, such as those now under contemplation, to connect New 
 York market with the Wyoming coal region by a continuous line of 
 railway through the State of New Jersey, thereby opening out the 
 great and invaluable primitive iron ore region of that State, and 
 connecting it with the Anthracite coal field of Wyoming, the third 
 tier of lots in Pittston Township will have every advantage over the 
 river tier, and first and second tiers. 
 
 The amount of coal in the twenty -eight feet vein alone, being as 
 it is the bottom vein of the coal formation of Wyoming, and conse- 
 quently the general range of its ontcrop is near the summit of the 
 mountain which bounds the coal formation, ranging along the third 
 tier of lots, is very great in quantity within the boundary of these 
 lots. Millions of tons of the finest description of coal are com- 
 manded by these lots above water level. 
 
 Several other workable veins overlie the twenty-eight feet vein, 
 between it and the fourteen feet vein, all of which, the third tier of 
 lots herein referred to, command to a great extent. 
 
 No reason can be shown why the third tier of lots in Pittston 
 Township are not of more value, and will not yield a greater profit 
 per ton upon the coal mined, than the river lots or the first tier. For 
 my own part, I consider that portion of the third tier of lots in 
 Pittston Township, referred to in this Report, taking into considera- 
 tion all the circumstances herein named, as regards their situation for 
 mining, their marketable advantages, and the quantity and quality 
 of the coal therein contained, of equal value to any body of land of 
 the same area in the Wyoming Valley. 
 
 Lots have sold on the river tier for $2p0 to $300 per acre ; in the 
 first tier, $150 to $200 ; in the second, $100 to $200 ; and in the 
 third tier they are valued at only about $60 per acre. 
 
 All of which is respectfully submitted by 
 Yours, very truly, 
 
 W. F. ROBERTS, 
 
 Practical Geologist and Engineer of Mines . 
 
42 
 
 The foregoing Report was published , and produced the following 
 notice : — 
 
 New York, Ogt. 19th, 1850. 
 
 Sir : — You are respectfully invited to attend a meeting to be held 
 at the office of Messrs. Dumont & Hosack, No. 11 Wall street, on 
 The 2 2d inst., at 2 o’clock P.M., to take into consideration a connec- 
 tion, by Railroad, of the Coal Fields of Lackawanna Valley with 
 this city, being in the direct line from this city to Elmira, in this 
 State, via Morris & Essex Railroad, N. J., with a saving in distance 
 of eighty miles. 
 
 It is believed that Coal, by this route, can be delivered in this city 
 at $3.50 per ton. It is particularly adapted for Steamers. 
 
 Respectfully yours, 
 
 NATH’L P. HOSACK, 
 
 WM. COXE DUSENBERY, 
 
 J. P. BASSINGER, 
 
 Engineer of Morris & Essex Railroad , A 7 *. J. 
 
 The meeting was attended by some of our well-known citizens, 
 and the following proceedings were had thereon : — 
 
 Pursuant to notice, a meeting was held at the rooms of Messrs. Du- 
 mont & Hosack, No. 11 Wall street, New York, on Tuesday, 
 the 22d day of October, 1850, “ for the purpose of taking into 
 consideration a connection, by Railroad, of the Coal Fields of 
 the Lackawanna Valley with this city, via the Morris & Essex 
 Railroad, N. J.” 
 
 The meeting being called to order, James Depeyster Ogden, Esq., 
 was unanimously called to the chair, and N. P. Hosack, Esq., was 
 appointed Secretary. 
 
 The Chairman briefly stated the objects of the call for this meet- 
 ing, with the additional remark, that he considered the time propi- 
 tious for this important undertaking, with the request, if there 
 was any gentleman present 4 who could explain fully the advantages 
 of this improvement, that he would do so. 
 
 Mr. Dusenbery then stated, that he had been acquainted with 
 this project for the past twelve years : that he considered it the most 
 important improvement leading to New York : that untoward cir- 
 cumstances had kept it back, but now that the Morris & Essex Rail- 
 road had determined to extend their road to the Delaware Water 
 
43 
 
 Gap, the greatest difficulty would be removed, as the connection 
 with this city would be complete. Twelve years since, the only 
 chance to have made this work available, was to build, at great ex- 
 pense, a canal from the Water Gap, to Easton, Pa., a distance of 
 some thirty-five miles, and then no nearer to New York ; but now, 
 by the Morris & Essex Railroad, they could avail themselves of it, 
 and also of the Morris Canal, at Hackettstown, where the road 
 crossed the same, and have the advantage of both these improve- 
 ments. Again, the Central Railroad, of New Jersey, is rapidly urg- 
 ing forward that road to Phillipsburg, opposite Easton, and which 
 work will soon be completed, and will there connect with our road 
 at the Gap, via the Trenton & Belvidere Railroad, which is now in 
 progress, and nearly completed to Lambertsville, fourteen miles above 
 Trenton. These four improvements would require at least five hun- 
 dred thousand tons of coal, which would be an important item for 
 this road ; and when it is taken into consideration that this forty-two 
 miles of railroad add another link towards the completion of the air 
 line from New York to Elmira, we must be convinced of its increased 
 importance. Cast your eye over the map of New Jersey and Penn- 
 sylvania, and this will be at once perceived ; and when we calculate 
 the distance of each road forming this line, we find a saving of over 
 eighty miles in our favor, as follows : First, the Morris & Essex Rail- 
 road, from Jersey City to the Water Gap, is about ninety miles, then 
 the length of our road is forty-five miles, that of the Susquehanna 
 Road, from the mouth of the Lackawanna to Elmira, is sixty-five 
 miles, making a total of two hundred miles; while between the 
 same places, via the New York & Erie Railroad, the distance is put 
 down at two hundred and eighty-three miles. 
 
 Thus much for its importance. Now one word for its revenue. 
 The coal in the Lackawanna Valley is now acknowledged, on all: 
 hands, to be the purest and best fuel of its kind brought to this mar- 
 ket. A large portion of the land in this valley is owned by the 
 Delaware & Hudson Canal Company, and others, who are interested 
 with them. From good authority we learn that this Company have 
 expended upon their works, and for purchases of lands, upwards of 
 eight millions of dollars. This certainly shows their confidence in 
 the results from coal alone. Being owners of all the outlets for con- 
 veying coal from thence to New York, (excepting the expensive road 
 
44 
 
 to Whitehaven, 26 miles, where it connects with the Lehigh Canal, 
 distant from New York over two hundred miles,) but a small oppor- 
 tunity is afforded for other companies and individuals to compete 
 with them ; and the result is, that all the others seek a market at 
 the mouth of the Susquehanna river, which route is too long and 
 expensive to afford any profit on the coal. The formation of our 
 road would give other companies and individuals just the oppor- 
 tunity they are desirous of obtaining ; and there is no doubt that 
 they will generously interest themselves in carrying out our plans. 
 
 Independent of the coal, the contemplated road passes through 
 one of the finest timber regions within the same distance from New 
 York. The forests there contain the best of ship and building tim- 
 ber ; ship spars of extra length, of the finest spruce pine ; rare 
 woods, such as birds-eye maple, black walnut, wild cherry, &c., &c. 
 The cost of the superstructure would be considerably lessened by 
 this fact, and it is worthy of consideration. 
 
 In conclusion, the Legget’s Gap Road is now building, and will be 
 completed within the next year. This road would run from Harri- 
 son, where the great Lackawanna Iron Works are located, to the 
 great bend on the Susquehanna river, and by building our road, 
 would connect with the New York & Erie Railroad at that place. 
 These are the most prominent points touching this undertaking. 
 
 Mr. Dusenbery concluded by offering the following resolution : — 
 “ Resolved, That a Committee of twelve be appointed by the chair, 
 to prepare and present to our capitalists, and others, such statements 
 respecting this enterprise, as may induce them to become interested 
 with us.” 
 
 Whereupon the following gentlemen were appointed such com- 
 mittee : — Hon. William Wright, Beach Vanderpool, and John P. 
 Jackson, Esqs., of Newark, N. J. ; Hon. D. S. Gregory, of Jersey 
 City ; Robert Schuyler, Amos R. Eno, Nathaniel P. Hosack, John 
 A. C. Gray, William B. Draper, and William Coxe Dusenbery, of 
 New York ; to which, on motion, were added James DePeyster Og- 
 den and Doct. J. Kearney Rogers, also of New York. 
 
 On motion, this Committee were empowered to fill vacancies and 
 to add to their number, and to call the next meeting. 
 
 Whereupon this meeting adjourned. 
 
 [Attest^ N. P. Hosack, Secretary. 
 

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