The record-union., 1895-03-27
TIE FRANCHISE BILL is KILLED.
1t Was Vetoed Yesterday by Gov
ernor Budd.
The Executive Explains the Reasons
That Impelled Him to Not APP
prove the Bill.

Governor Budd yesterday stamped the
life out of Assembly bill No. 176. 1t was
entitled San Act to amend an Act en-
titled AN Act providing for the sale OF
railroad and other franchises in munich
palities, and relative to the maintaining
of franchises" approved March %, 1888.
The Governor thus explains his action:
"The body of the Act contains but few
changes from the one which it purports
to amend. One is minor change as to
the advertising of the application. The
other provides that the hour, as well as
the day of the hearing, shall be men
toned.
"These changer are in themselves
trivial, and could hardly have been the
cause for the amendment in question.
The Act provides that every franchise or
privilege to erect or lay telegraph or tele-
phone wires, to construct or operate rail-
roads along or upon any public street or
highway, or to exercise any other PRIV
ilege whatever hereafter proposed to be
granted by the Board of Supervisors,
Common Council or other governing or
legislative body. of any county, city and
county, city, town or district within the
State, shall be granted upon the condi-
tions in this Act provided, and not other
wise
"This provision was in the law sought
to be amended, and the words, shall be
granted upon conditions In this Act pro-
vided,' were the controlling and manda-
tory portions OF said clause.
"The Act then proceeds to provide how
the application and the advertising for
such applications should be made, and
declared that: The advertisements must
state the character of the franchise or
privilege proposed 10 be granted, the
term Of its continuance and If street
railroad, the route to be traversed,
the day upon which tenders will be re-
ceiyed for the same Thus providing.
under the Act of 1893, that the Council
should grant, after advertisement and ap-
pltcation, railroad, telegraph or telephone
franchises upon certain conditions stated.
''The new bill uses substantially the
exact language of the old Act in regard TO
the franchises, the fact that they could
be granted, the persons or com panies to
be affected and changes the clause last
above quoted to read as follows: This
advertisement must state the character of
the franchise or privilege prOpOs ed to be
granted, the terms of its continuance,
and, if street railroad, the route to be
traversed and the day and hour upon
which sealed tenders will be received for
the same
The only substantial change in the
bill, as 10 the franchise that is to be
granted, is made by the addition of the
crooked little letter IS TO the word term
as il existed in the Act sought 30 be
amended. In that Act it provided for the
grant, stating the term of its continuance,
indicating only the time.
In the amendment, by the insertion of
but one letter, IL is made 10 read the
terms OF its continuance, which means
the conditions under which it must exer-
else The franchise to be granted. Under
the old law before the 's' was inserted
time only needs 10 be stated. Under the
new bill conditions beneficial to the
corporation applying for the franchise
may be applied for and granted. 1t may
provide that no railroad line shall run
parallel within two blocks of the petition
ing company. 1t may provide that not
more than certain mum Der OF blocks in
all OF any other line shall be used by a
competing line. It may make a thousand
conditions beneficial to ITSELF which, if
secured from the municipality gives it
an absolute monopoly The line making
application may provide absolutely
against competition. While the letter 50
is small, and OF seeming insight ticance,
the manner in which IL is interject ed into
this bill and is attempted to be interiected
into the law, would make it oi the
utmost importance.
Il doubt whether ever before, in the
history OF legislation, the addition OF
single letter in the alphabet has had more
potential significance. W hile the law as
1t was, giving certain term of continu-
ance for the franchise, might not have
been uuwise, any law allowing q COR
poratlon or person to purchase an abso-
Lutte monopoly or franchise and privilege
Tor the erection or laying of telegraph or
telephone wires, or the construction or
operation of railroads upon any public.
street or highway, would be plainly
against the principles of our insti.u-
tions."