Argument of Joseph R. Ingersoll, Esq., Before the General Assembly of New Jersey, on the Memorial of the Trenton and New Brunswick Turnpike Company, for the Amendment of Their Charter, February 19, 18341834 - Počet stran: 20 |
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1-2 Passengers 1st of January advantages afford allied Companies Amboy Rail Road amount application argument Bill Bordentown Brunswick Company Brunswick Turnpike Company calculated Camden and Amboy cause character citizens city to city clause Commonwealth contract corporate powers course of Legislation Delaware and Raritan dends disastrous dividends dollars paid prior doubt eleven thousand dollars equi exclusive exer existence fair favor February 7th five miles gislature grant honorable body horse power improvement individual interfere Jersey City joint Companies justice land Legislature memorialists ment monopoly number of passengers objects pany Parliament pass pecuniary perfectly pledge prohibition proper rail road authorised rail road charter Raritan Canal Company received render repeal reserve result Road and Transportation sending such quantities South Amboy spirit statute strangers supposed thing thirty-six thousand dollars thousand shares tolls Transportation Company Turnpike Road twenty-five thousand dollars vested rights wares and merchandize York and Philadelphia
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Strana 19 - At present, everybody is sure, once a fortnight, to have an opportunity of sending any quantity of goods, great or small, at reasonable rates, without being in danger of imposition ; and the settling of this wagon is so far from being a grievance or a monopoly, that by this means, and no other, a trade has been carried on between Philadelphia, Burlington, Amboy, and New York, which was never known before, and in all probability never would have been.
Strana 14 - That it shall not be lawful, at any time during the said railroad charter, to construct any other railroad or railroads in this State, without the consent of the said companies, which shall be intended or used for the transportation of passengers or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the act to which this supplement is relative, etc.
Strana 19 - Amboy road, but had no regular prices or set time for his trips. " In April, 1707, the assembly, enumerating their grievances to Lord Cornbury, complained that patents had been granted to individuals to transport goods on the road from Burlington to Amboy, for a certain number of years, to the exclusion of others; which was deemed not only contrary to the statute respecting monopolies, but also ' destructive to that freedom which trade and commerce ought to have.
Strana 16 - though divers parliaments have attempted to restrain subsequent parliaments, yet could they never effect it ; for the latter parliament hath ever power to abrogate, suspend, qualify, explain, or make void the former in the whole or in [223] any part thereof, notwithstanding any words of restraint, prohibition, or penalty, in the former ; for it is a maxim in the laws of the parliament, ' quod leges posteriores priores contrarias abrogant.
Strana 11 - Even an Act of Parliament made against natural equity, as to make a man judge in his own case, is void in itself: for jura naturae sunt immutabilia, and they are leges legum.
Strana 19 - We never had a governor so universally detested, nor any who so richly deserved the public abhorrence.
Strana 14 - A rigid and literal meaning would in many cases defeat the very object of the statute, and would exemplify the maxim that 'the letter killeth, while the spirit keepeth alive.' Every statute ought to be expounded, not according to the letter, but according to the meaning; * * * and the intention is to govern, although such construction may not in all respects agree with the letter of the statute.
Strana 19 - Jersey than to those of New- York. The assembly of that province, impatient of his tyranny, drew up a complaint against him, which they sent home to the queen. Her majesty graciously listened to the cries of her injured subjects, divested him of his power, and appointed lord Lovelace in his stead, declaring that she would not countenance her nearest relations in oppressing her people.
Strana 19 - ... the western division should go to Amboy. We are still of opinion, the grant we complain of is against the statute we mentioned, because it is exclusive of others, and to the prejudice of the publick. It can never be thought reasonable to prohibit any body to cart their own goods, or any body's else, as by virtue of that grant has been done; and not only in the road from Amboy to Burlington, but in the road from Shrewsbury ; and a patent may as well be granted to keep horses to hire, by which...
Strana 19 - ... granting of patents to cart goods on the road from Burlington to Amboy, for a certain number of years, and prohibiting others, we think to be a grievance that is contrary to the statute 21 Jac.