The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-08
COUNCIL meet TING
CONTINUED from Page. 8,

Of us may be fertile, but It cannot be
compared with the qualification Of some
Of the leading men OF the Union Railroad
Company when the act was passed. II was
said that the act was q validating act. Un-
der the circumstances, q meinber OF this
Council, or q citizen OF this State has Q
perfect right to examine this matter
fairly and without passion
Mr. Parkhurst Tells MIR. West That
He's Absurd.
Mr.. Parkhurst, OF the committee, cor
roborated his colleagues with the follow
'ngri sgrh. .,m,,. on..,,o, ,.,o,. mi. ,ou.a
10 that this report be accepted and trans
mitted to the Board of Aldermen. tits a
gentleman from the 5ixthWard, with refer
ence to the character OF the legisla-
tion which he has discussed. he has
given the clearest and best exposition OF
the legal position OF the City OF provi.
dence in regard to the Union Railroad
Company that II has ever been my for
tune 10 listen to, 80 far as this house has
gone In that matter. He has stated the
law to be exactly as / believe 1t to be
and Is, In my opinion.
Now, the gentleman from the Tenth
Ward, has criticised this matter, as /
take Ii at bis word, in fair and friendly
spirit. do not propose too impute to
him desire to cast any imputation OF
unfairnss, or OF any questiona BILE proceed
ing whatever, upon the members OF this
committee. But propose
To Answer Him on His Law.
II am able and In so far as am able to
understand the somewhat confused state
ment that he has made. Now, the first
statement thar he makes I'm the nature OF
q criticism 10 that, some way or other and
by some means or other, the last act pass
ed by the Legislature and which was
passed at the instance of this committee
has placed the city OF Providence in a cif-
ferent position, from what II was before so
that the Union Railroad Company has
got something which IL did not have be-
fore. 1 will defy the ingenuity OF any
body, except my friend from the
Tenth Ward and soms OF the gentle
men Who have been referred TO and
who are not mem mbers OF this body
10 find upon fair examination OF that
act anything which forces upon the Union
Railroad Company anything whatsoever.
In the first place, II is not an act which
relates to the Union Railroad Company
In any manner or form. The provisions
OF that act, that is to say with regard to
giving the Union Railroad Company any
power except to make some kind OF an
agreement with the city OF Providence II
they can, and IL Is an act which gives to
the city OF Providence the power TO
make some kind OF an agreement which
by the previous acts OF the Legislature
they had been shut of from, and 30 the
first section OF the act proposed TO vail
date nothing which had gone before and
Is nothing but mere recital OF an act
which nad been referred TO before. This
corporation was created by an act OF the
Legislature of the State OF Rhode Island
and Is Just as much corporation as the
city of Providence which also was Great
ed by an act OF the Legislature OF the
state Of Rhode Island, and the powers OF
OF the Union Railroad Company are de-
termined by their respective charters and
by the acts in amendment thereo and In
addition thereto One of the rights OF n
common carrier of passengers IL that of
fixing the rate of carrying passengers.
Now, the Union Railroad Company, be-
ing corporation chartered for the pur-
pose OF carrying passengers, has the rign
to fix Its tarin, unless that rate is estab-
lished by the leg gislation which created 1t.
The city OF Providence
Is q Chartered Corporation,
created for the purpose of carrying on
the business of q municiapal corporation.
There is no power granted to the city OF
Providence, by its act OF incorporation,
or any act in amendment thereof, whereby
the city OF Providence has power 10 regu
late the fares which are charged by the
Union Railroad Company. IL has no right
to regulate the fares which are charged
by the New York, New Haven q Hartford
Railroad Company for passengers from
Union Railroad Company has lines. 1t had
lines long before this controversy extend
ing from the center OF the city to the
outskirts. In the city of Providence and
the various towns through which the
lines Of the Union Railroad Company run
had any implied power by reason
OF the fact that they were municipal cor
porations, had the power to regulate the
fares of the Union Railroad Company, or
any other comon carrier OF passengers,
they should also have the right to reg
ulate the charges of the telephone COM
pany and Of the Narragansett Electric
Light Company, and of several other pub
lie service corporations within their re-
spetive limits.
"I understood the gentleman to say
that Chapter s75 empowers the exacting
OF transfer tickets. 1 also understood
the gentleman to say that, in the act Of
1892, there was power reserved to the city
of Providence to exact transfer tickets.
Am / rlght2'
Councilman west---No, sir.
Councilman Parkhurst-Please to state
your position.
Councilman west-.When you get
through, l will correct you.
Councilman Parkhurst-I understood
the gentleman to say that the right OF ex-
acting transfers was In every one OF the
hcts eAcept- the dct Ot 1000.
Councilman West-No, sir.
Councilman Parkhurst-The gentleman
stated that there was right TO demand
crosstown lines in the act OF 1892, and
also the right TO demand transfer tick cts.
Councilman West-No, sir.
Councilman Parknurst--I beg the gen.
tlemsn's pardon. will simply say, in
conclusion OF what have to say on that
point, that there is none, and never has
been, any right reserved to the city of
Providence In any act Of the Legislature
whatsoever whereby the city OF Provi-
ence through its Council, through its
City Council, had the right to pass any or
dinances or resolutions, or do any act
whereby transfer tickets would be de.
manded, and demanded from the Union
Railroad Company. There can be no loss
for the city OF Providence as It never had
the right to exact transfer tickets.
It Has just the Same Right
now. that II ever had, to make contract
with the Union Railroad Company IL il
sees fit, and II the Union Railroad Com