FREE USE OF FAIRMONT PARK AND PREVENTION OF CONSTRUCTION OF RAILROAD
                 Act of Mar. 16, 1870, P.L. 451, No. 443              Cl. 11
                                  AN ACT

     To secure to the citizens of the commonwealth the free use and
        enjoyment of Fairmount park, in the city of Philadelphia, and
        to prevent the construction of any railroad therein.

        WHEREAS, The city of Philadelphia, under authority conferred
     by an act of assembly, approved March twenty-sixth, A. D. one
     thousand eight hundred and sixty-seven, and the several
     supplements thereto, has purchased a large body of land within
     the limits of said city, and laid out and improved the same as a
     public park, known as Fairmount park, and has expended several
     millions of dollars in the purchase and improvement of the same:

        Section 1.  Park to be maintained and kept open; no railroad
     to be constructed therein
        The City of Philadelphia is hereby required to maintain and
     keep open the said Fairmount Park for the free use and enjoyment
     of all the citizens of this State, subject to the rules adopted
     for the good order and government of the same; and in
     consideration of the compliance of the said city with the
     requirements of this act, the State of Pennsylvania hereby
     declares and agrees, that no railroad shall ever hereafter be
     constructed within the limits of the said Fairmount Park:
     Provided, That nothing in this act shall be construed to
     interfere with the rights already acquired by any railroad
     company whose tracks are now laid within the limits of said
     Fairmount Park. 1870, March 16, P.L. 451, Sec. 1.