The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-23

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cross town line and transfer tickets
gives also permission to the city to ex-
tend the franchise of the Union Rail
road Company to 25 years.
The bill was asked for by the City
Council for obvious reasons OF broad
principle and justice.
The city Of Providence now has no
contract with the Union Railroad Com
pany, the present franchise being mat
ter of legislative act which was asked
for by the predecessors of the
present trolley company because
the city had no authority to
grant any franchise or make any con-
tract of the nature desired and neces-
sary. This act was procured by the
former Union Railroad Company, after
notifying the city government of the
intention to secure the legislative au-
thority, on learning of which the
city government, at that time, sent
a committee to the Assembly TO see that
the city's interests were not compromised
in the matter. The franchise act,
as finally adopted, was measure agreed
upon between the representatives of the
railway corporation and the municipal
corporation as securing the necessary
privileges to the former, while conserv-
ing the interests of the latter. But so
far as the city is concerned it has today
no power or authority affecting the gem
eral purpose of this act, i. e. to give the
streets of the city for the purposes of the
railroad for 20 years, although it may
demand certain things of the railroad,
and is insured a certain percentage of
the receipts, and in event Of violation of
the terms as effecting the city the fran
chise act becomes void.
Now certain gentlemen and newspapers
thought they discovered in the recent
measure that the City Council asked for,
providing for an extension OF the fran
chise, a hidden motive, to wit: the possi-
bility that the franchise could not
only be extended % years but that
at the end of that time could be
again extended indefinitely. This dis
covery was hailed as big piece of legal
detective work, and the powers thus
permitted to the city government were
exposed" as dangerous, as something
not contemplated, and that ought not to
be permitted by the people of Provi-
dence. And a great hue and cry and
much talk about schemes" Of a grasp
ing corporation have resulted.
We guess the makers of this discovery |
may be correct, but we deprecate the |
alarm and cannot credit them with the |
astuteness which they themselves would
claim. The act undoubtedly gives the
,ity permission to make a contract with
,he trolley company up to limit of %
'ears. The city solicitor is authority |
or the Interpretation that the act, by its
general terms and provisions, is in the
nature of permissive act, granting to
he city of Providence the right, if il
ices fit to exercise il, entering into new
or contracts with the two COM
,anies. in addition and supplemental to
he contracts now existing. If the
ity thinks it can make a fur
her contract with the companies for
he advantage of the city, it is author.
zed TO do so, and in consideration of
uch advantages to the city the latter
as the right to make additional agree
lents on its part. fixing the terms and
onditions of the occupation by
aid company OF its streets and high
rays, including the terms of exclusive
under such agreements
'ithin the limit of % years from the
ate of such agreements. That is, the |
ty has the same power as is now held ,
y all other cities and towns in the 9
tate. :
But there is nothing strange. alarm
lg, or unjust about this law. IL is ex- s
ctly as it should be. The original fran a
lise was an anomaly. BY 1t the State :
'sumed the authority that should have {
cen vested In the city government, and /
le franchise act, being piece of AS i
mbly legislation, could be repealed at 6
ny time. Indeed one of our contempo- |
'ries has been so venal as TO t
lggest that a future Legislature 6
peal this act which, in good faith, if b
ot in law, gave the trolley company C
le right to use the streets of Providence
II 20 years, subject to the stated terms r
I'd conditions. But it was far from 8
'ing contract II was an act of Leg n
lature, and any act of legislature may {
, repealed, or amended by the Legisla-
ire that passed it or by a subsequent
legislature. Such franchise was really Il
worthless as the paper it was writ q
n on, so far as securing TO