Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-23

| ton might iniure their own traffic or benefit a
| rival, and in the hope, on the other, that it
would bring business TO their own or withdraw
it from n competing line. 1t is the gen
eral conviction, in which we have shared,
that these railroad questions are not
often decided on their merits. The iufu-
ences which determine the action of the legis-
laure are of a different character. They have
their origin in combinations of railroad men
and railroad interests and often control the cleo
ton of representatives and senators, who arc
seldom, we suppose, consciously corrupt, but
are rs certain to vote according to the dictates
of the prevailing railroad influences of their
neighborhood as if they had made formal
contract to do so. Alliances between roads are
50 frequent and extensive that this evil is greatly
magnified. The opposition TO a new line of
road is not confined TO the other roads in its
vicinity, leaving those in remote parts of the
state to stand indifferent, but often enlists a
large and powerful combination, calling forth
perhaps an alliance equally strong on the other
side, and we see railroads in Bristol county ex-
erting their influence to prevent the building of
few miles of road in northern Worcester We
,
been employed in Massachusetts, TO control votes
in the legislature; but hov long the state would
be preserved from this!depth of disgrace, if the
temptation of special legislation in railroad
matters should remain, it would be unsafe to
predict
The objections to granting railroad charters
by special acts are, therefore, that they are not
thus granted or withheld when or because either
course is demanded blythe public interest that
the time Of the legislature is wasted in useless
and demoralizing contests, and that the system
tends inevitably to foster greedy and arrogant
lobby which is mschieyouS in its immediate oper-
alton and corruptiug in its general influence.
The obvious way to escape these dangers is to
prescribe terms in compliance with which any
body Of men may organize as Il corporation and
engage in the work of building and operating a
railroad. In drawing bill for this purpose it
is necessary to guard against making the way
too easy, on the one hand, so that corporations
may be organized for the sake of speculat-
ing in their franchise and stock, with
out any real demand for or pros
pect of building their roads, and on the other,
against setting up too many obstacles so that
really desirable and promising enterprises will
be discouragcd by burdcnsome and impracticable
conditions. 1t is also necessary that the respon-
sibility of deciding the numerous questions in
which public, individual, and corporate rights
come into conflict should be wisely placed. In
all these respects the bill reported by the rail
road committee seems to us to have beeu drawn
with unusual care and judgment. The only
criticism we are disposed to make is,
| that perhaps the minimum amount Of
| capital to the mile has been fixed too
low. We do not scppose that anywhere in
Massachusetts fifteen thousand dollars will build
ami equip railroad of the ordinary gauge, or
eight thousand a narrow gauge road, and we
doubt whether a corporation should be author
| lied unless it can command subscriptions TO its
stock sufficient to give a reasonable prospect Of
| completing its road and putting it into opera
ton. We do not overlook the provision in the
bill for increasing the capital stock, if the
amount first contemplated proves insufficient,
but we think a reasonable certainty in this re-
spect shouldIbe made an essential condition of
corporate existence.
We shall, doubtless, have occasion to recur to
This subject while the matter is pending, and
will only add now that the bill in form, as well
as in substance, IS very credtable to its author.
While it seems TO cover the whole ground. and
to guard every interest which needs to be pro-
tected, it is short simple and perspicuous, and
can neither battle or misead any one who goes
to it for guidance or information. That LAWYERS
will find in it no opportunity for verbal quib-
blcs, we will not venture to say, but it bears
such editorial inspection as we have been able to
| give it remarkably well.