The Providence news. (Providence [R.I.]) 1891-1906, 1894-01-17
A SMALL ROAD, ANYWAY.
So Say CompIainants of
Providence & Springfield.
WILL CONTINUE TO OPERATE.
The City Docs Not Care Who Runs
1.-THE Court Has No Precedent
60 Force the City TO shoulder the
Road.

field bond case was begun tnls morning
by Mr.. Tillinghast, counsel Tor the
defendants. He took up MS
argument where he left 1t last night call
ing upon the court to disregard all insin-
uations OF criticisms that might
follow a verdict against the city. The
general assembly must not usurp dicta-
torial and universal function, he said,
or the labor5 OF Samuel Ames would be
thrown away.
81 ask the defendants to point to
single opinion that refutes the position
that have assumed" he said
ssThey have no. done so, yet.
There are eminent opinions by eminent
iurists that sustain our contentious. liz
your honor adapted this policy the next
case that comes before you you must
sustain in like manner. The
railroads ere puplic purpose, but are
not the telephone, the telegraph and the
electric light public purposes alsog Yet
there is no instance on record where they
have applied for and received public
aid
Mr.. Tillinghast went on to detail by
examples OF various railroads, now in the
hands of receivers, the growing tendency
OF corporations TO repudiate their obli-
cations. The tendency of railroads Is to
shirk their just debts and throw back the
responsibility upon the hands of their
guar1ntors.
What Is the Precedent?
''Is not the preponderence OF precedent
in favor OF the city's argument?" asked
Judge Stlness.
But your honors are not severely
bound by precedent" replied Mr.. Til
linghast, "and in a case like this
it is matter of juds Tint. Is there any
precedent here that binds you?
Is there any precedent in
favor of the argument Of the
complainants? Is there any prin-
ciplo better fortified than that il the
assembly has unlimited power it may
force its will upon the people
that create it? II title assembly has power
to authorize an obligation it has the power
to enforce it. While know that i am
opposing popular sentiment and perhaps
your honors' first impressions i do not
hesitate to ask you to ex-
anime the constitutionality OF
the act and refuse to allow the general
assembly the power to saddle upon the
people debt without their consent and
approval"
An insignificant Road.
"what is this little road that begins, as
the complainants tell you, nowhere
and ends no here? Talk about
saving this little oit of road Why
should the Gsw York and New
England rep .djate its obligations
the road couIl not be forced upon its
creditors i'm payment for the bonds. You
cannot get Western traffic over
this load except over the
Norwich and Worcester. The western
outlet for freight is at Palmer and drains
into the Boston and Albany.
"If the city of Providence, as
the complainants say, wishes to
enter upon an enterprise of this
kind, by all that is polite
and wise, let it take upon itself the S.
100000 OF second mortgage bonds of
the New York and New England
and save it for the city. II the New York,
New Haven and Hartford is such dread
full menace to our municipal property
why did not the general assembly
when 1t had the chance, prevent consoli-
dation? IL did not and now, seeing its
error, 1t asks the city to rectify its error.
"The New England company tell us
that unless this guaranty is made the
Providence and Springfield must cease to
exist What matters it to the city
of Providence who controls the
Springfield road? 1t will continue to be
operated II may freeze out the second
bondholders (although think not), but
IL will not cease to exist as a railroad.
Neither do think that the city will have
to operate il.
WILL Have to Take New England.
'If your honors sustain this power some
day or other the sustaining power of the
~ "a ax.rsIl h, Led 49, h. .,l ~
York and New England railroad"
Mr.. Tillinghast cited numerous opin-
ions OF iurists OF acknowl-
edged standing in which il was
set down that private property could not
be taken for many public purposes in
cluding particularly railroads.
''Do you contend, then, that private
property cannot be taken for public pur-
poses?" asked Judge Tillinghast.
'' i do not say so, but the authorities
that have quoted so contend" replied
Mr.. Tillinghast.
"Ina certain sense the railroad is a pub
lie use, continued Mr.. Tillinghast. $50
is the turnpike in the same
sense. But would the town
OF the state be called upon to build il and
not derive its income? Would the courts
of the state sustain taxa
tlon lot tnat purpOseE MOTEL
is public necessity. Would the court
compel the city to guarantee the bonds OF
the parties who build il?
This question does not strike at the
root OF municipal debts as the defend
ants alIege. They confuse II with the bor-
rowing OF money.
"The first time aid was invoked and
granted IL was so done entirely in accord
ancc with the constitution. II asked aid,
not 60 sustain, but TO build, and
equip. The gift is OF an entirely different
nature. Before the gift was made it was
submitted TO the people OF the city OF
Providence"
Later in the argument the court i'm
quired IL Mr.. Tillinghast denied the right
OF the general assembly TO authorize the
extension OF the bonds. Mr.. Tillinghast
replied that the question was on another