Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-02-15
THE ELECTRIC RAILROAD,
Objections of the Opponents An
SWered

In II Statement in Behalf OF the Direc-
tors--Selectmen Have No Authority to
Refuse n Location.
Your last weeks paper contained a letter
| from Mr. b. d. Harris i'm opposition to the
| building of the electric street railway in
| BraLteboro, which, while it was very
| well written letter taken from the stand
| point of the opponents of the road, con-
| tanned many things which were misleading,
and many things to which we think the
| people at large will take exceptions: and
| while there were some differences that we
had not perfect charter, or a charter I'M
! der which We could build trolley line
the directors have thought best that the
| people should know the full text of the
charter under which this com rany propose
| to build line of street railway in Bratte-
| bOro, and under which we have requested
| the seectmen to give a location.
| If the people will take pains to read
over the charter as granted to this compa-
ny in 1888, they will see that it confers upon
them power to build this line notwithstand-
ing there is minority opposed to it. Sec
| ton l gives the company "the right of
constructing, maintaining and operating a
| street railroad from any point in the vii
lage of Brattleboro through any of the
public streets of that village and highways
of that town to any point in the village of
| West Brattleboro." Section ) reads as
follows:
For the purpose Of constructing and maintaining
| It's road this company may enter upon and use so
| so much OF the streets and highways and lands
| acquired upon its routes as may be necessary
| and construct its road with suitable switches,
turn-outs and turntables; and the roadway shall
/ 1875 ~ mn no ~. Tho auNH 4
| highways and not unnecessarily interfere with
travel thereon or with access to culveTt s. sewers
water and gas pipes, and shall be kept by this
company IN as good condition for travel as the
adjacent highway
The matter of tolls is left for settlement
by selectmen if excessive. The terms of
the charter have been complied with. The
| corporation was organized some two years
ago. Subscriptions have been received
according to the conditions of the charter,
and the board of directors and the clerk
and treasurer have been chosen.
Section of the charter gives the COM
pany power to construct, maintain" ETC.,
which will be noticed by the reading of the
above. And while the legislature has given
power for building, it was thought best by
the legislature of 1894 not to take away any
charter which had been granted, but in the
matter of making locations there was to
be the consent of the selectmen as to the
proper location, and in no case was any
power given the selectmen to refuse all To-
cations, but the intent of the law was to
have the route of the road in the most con-
venient place for the accommodation of the
public, and, as has been said before, "the
electric road is simply an improved high
way" and if it does not run where the
business of the town is, it certainly is not
for the best good of the people.
Referring to some of the references of
Mr.. Harris's letter in regard to the West
Brattleboro people, according to common
reports some of the West Brattleboro peo-
pie take exceptions to Mr.. Harris's descrip-
ton of them.
While there are many things in Mr..
Harriss letter that might be answered at
length, of course we should differ with
him in regard to the main points, if those
questions were now in dispute, but they
are not. The charter has been granted
and the only question now is where can
the road best be located, and with this
charter and the laws of 1894 the directors
feel that they have the right on their side,
according to the decisions which have been
made in Connecticut, Massachusetts and
New York state during the past two or
three years, and they also feel that the
people are behind the effort to keep this
town among the live towns of New Eng
land, which can only be done by keeping
fully abreast of the Improvements in the
way of transportation which are provided
by other towns of similar size.
The general railroad law as passed in
1894 in certain sections reads as follows:
Act No. Sc, Section ! "A person or corporation
proposing to construct a railway in any of the
highways streets OF tins state shall file With the
selectmen of the town with the trustees or
ballilfS OF the village, or aldermen of the CITY
and with the town. village or city clerk of the
town village or city in which said railway is pro.
posed To he located, a statement defining the
streets ana highways and the portion thereof in
which said railway is TO be- located, the tracks
turnouts and switches to be placed therein the
cuvertS and bridges that the same Is to cross the
mannerot improving and Strengthening the anne
the location Of poles wires that arr. Intended 10
be used IN connection Herewith and the kInd of
power To be used in operating the same before
beginning the construction of said railway,
Section 3-lt such person or corporation fails |
To az ee with the Selectmen, trustees bailiffs or
aldermen, as the case may be- as To the location |
manner OF construction, or use of such railway !
either party may apply to the railroad commits, |
sloners, VINO, after due notice the parties shall
examine tue premises, hear the parties decide the
questions presented TO them, and their decision |
snail Oe final
~ "Nl uV Scch llOHl IulS act passed in |
1884 that there might arise difference of
opinion as to the best location of the road |
and while in such case the directors were |
to use every effort to agree with the select |
men of the town, a failure to agree was
provided for by an appeal to the railroad |
But that act gave the Sc |
lectmen no power to nullify the charter
already granted by refusing any chance IN
locate. They cannot veto or rescind an
act of the legislature.
The facts in the case as regards the fail
ure OF the selectmen to grant the location
desired are these: That a majority of the
selectmen, as has been known, refused 10
grant the location requested, and after this
refusal was received, further consultation
was held with the selectmen, to see if some
agreement could not be arrived at in REGARD
to location, and when two of the selectmen
stated that they should not approve of anv
route having any part of Main street for
It's line, OF course there was no other wav
nut Tor the directors to appeal to the rail
road commissioners, which has been done
ana nOJlce has been received that a hearing
VIII be given Feb. p, in regard to the ne
Llllon now before them, which was the one
mat mad been presented to the selectmen.
NO doubt many people of the town yyouId
be interested in further discussion of the
matter on points brought out by Mr.. Har-
rls, but as far as the directors are concern
ed they are inclined to give the people a
chance TO see what the laws on the statnta
books now are in regard to the rights of the
railroad companies and believe the GOOD
Judgment of the whola will -