Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-04-06
r[FrOm the worcester Palladium.ll


Removal of the Railroad Tracks.
Some of the citizens of Worcester have been ex-
cited, for some time past. upon proposition to
compel some of the railroad companies to take up
portions of their tracks, upon the common and pub
lie streets, and remove them to another locality.
The city government, last year and this year, has
taken an active interest in the natter and applied
to the legislature for the enactment of law, COM
polling the removal. The railroad committee have
been here and viewed the premises: and have taken
testimony, and heard counsel, at the state house in
Boston.
The excitement is natural one, for in our judg-
ment no grdver question has been presented for
the consideration Of this community.
Full and complete authority was given by the
town of Worcester to the Norwich and Worcester
railroad company, as far back as 1886, to lay their
rails across the common; and the track was con-
structed and has been used to this time under that
authority. Subsequently the town gave similar
authority to the Worcester and Nashua railroad
company, which has availed itself of the right to
limited extent. The Providence and Worcester
company had also the same right given, but used It
only for short time AT another time the town
voted similar right to the Western railroad cor
poration; but we are not aware that that company
has ever acted under it,
The right conferred upon the railroad companies
by the town was limited to laying tracks and rum
ming cars across the common authority, full and
complete, for crossing the public streets, having
been given by the legislature. This authority was
given in order that the several railroad companies
might run their trains to and from common depot
at the station of the Boston and Worcester railroad
on Foster street. These rights the Norwich and
Worcester company have been in the constant exer-
Rod longer than the lives Of some of the petition
ers; and the Worcester and Nashua 22i years since
that road was opened to travel in 1S4S. The Bos.
ton and Worcester company run all their passenger
trains to and from the Foster street station until
that corporation was absorbed by the Western COM
pany, under the title of the "Boston and Albany
railroad company" Since then it has run por-
ton only of its trains from the Foster street sta
tion and has suffered its buildings there to become
partially dilapidated although, as we understand
IL, it has valid contract with the Norwich and the
Nashua companies to maintain depot buildings at
that station. But tits apparent to any one familiar
with the business that it would save some
expense to the Boston and Albany company If it
could now be relieved from running its trains from
Its Washington square station to the old station of
the Boston aud Worcester road on Foster street.
Perhaps there are other inconvenience which it in
herited from the Boston and Worcester company,
of which it would be glad also to be relieved;
though, in some sense state railroad, the people
to be of the opinion that their interests and
convenience are entitled to some consideration, not
less at local stations than outside and beyond the
limits of the railroad line.
The right to COMPEL railroad companies to take up
their tracks, and transfer them to other localities
whatever the motive that demands it's of ex-
IRENE doubt; and its exercise may be in a high de-
gree hazardous unless done with guarded
caution by the legislature, in acts which the SUI
preme court will pronounce to be within the const
tutional power of the legislature. No city council,
and no portion of the people, should assume grave
responsibility. except upon full consideration of
all the liabilities it imposes. In continuous
iao n md fnr fba
riOd of thirty-fye years, as is the case with the
Norwich and Worcester company, it may well be
supposed, that parties bordering on the tracks,
whose removal is demanded, may have acquired
rights which will be yielded up, If at ALL only after
litigation shall have run to Its utmost extremity
The city government asks for authority to remove
the railroad tracks Of course it must have author
ity, asO to pay the expenses of re0vdk and OF pro
riding for laying them dooR in some other tocdhty-
OF furnishing all the accommodations necessary for
the roads in their aec Eocatltg and ikeDise author
ity TO TAX the citizens for The means tOneet the cost
Of this near and bardensOme expenditure. 1t will not
be pretended, as the laws now are, that the CITY
council has authority to raise by taxes even to
borrow, money for such purpose as that.
The eXgency must be as clear as the MONDAY sun
that would warrant the legislature in the exercise
of the extreme power which it is here asked to ex-
ercise, in the breaking up Of line Of railroad at
any partys request or instigation; for if it has the
power to compel a railroad company to take up
few rods of its rails it has like power to compel it
to take up its whole track and however acceptable
that might be to some rival company, it might be
even in the popular ideas of right and justice held
by some people,
1t is claimed by some that the city council, in its
application to the legislature for the proposed
changes, Is sustained by vote of the citizens gwen
at the December election. 1t is true that vote was
taken; but it is also true that only part Of the
question 1ds submitted to popular Uote, tcIe the
other half t1nS ocbhetd and not presented or Uoted
upon. 1t is well known that many who voted at the
election, did not vote upon the railroad question;
Dut declined TO vote upon matter which they held
was not proper for their consideration. Those who
did vote were asked to vote for the abandon.
ment of the Boston and Worcester station, but
simply for the removal of the tracks from the COM
mon and adjacent streets. So if the legislature
shall act at all upon the matter and shall authorize
the removal of any rails but those upon the COM
mon, or to abandon the Foster street depot it aoll
Of Worcester.
Its railroads have made Worcester what 1t is
the second city in the commonwealth. Without
them 1t would now be little more than what it was
35 years ago when the Boston and Worcester road
was opened,-an inconsiderable inland town, with
few thousand lnhabitants with none but sisnass
water power for i t ano
ties for access to the sea board and tine markets of
the country. 1t Is too plain for argument, that
worcester owes its growth in population, in trade
and industrial operations, and Its general prosper
ty, to its railroads. They bring it what it could
not well have without them,-its COAL for fuel and
steam-power,-its LUMBER from New Hampshire
Maine, New York, Ohio, Michigan, and Canada for
buildings and other purposes-its for its great
mechanical operations-and the FLOUR and CORN,
Nos VI Ille WEST SECTIONS OF tine country,
for the support of its greatly increased population
And now the city council is made to appear, as if
not KILLING outright, certainly as SQUEEZING
pretty hard the birds that lay the golden eggs. 1t
may De confidently expected that the Legislature
will not demand such questionable sacrifice of in.
diyidual and corporate rights, and of fidelity to
public and private obligations
The tracks OF half dozen railroads cannot be
concentrated in locality, for all railroad pur-
poses of travel and freight, without very great
outlay to secure the safe and convenient use to the
public, ofall the avenues of approach to SUCH To-
cality.