The advocate., 1897-02-17
MUNICIPAL REFORM.
Massachusetts Governor FaVOrS steps In
the Direction Of Ownership Of
StFeet-Car Lines.

In his recent message to the Legisla-
ture, Governor WolCott (Rep.) Of Massa
chusetts says:
"The essential difference between
street railway companies and railroad
corporations lies in the fact that the
former have the right to use, In common
with other citizens, the public highways,
whereas the latter have the exclusive
use of their road-beds. In contempla-
ton of law this right to use the public
ways is grated such companies on the
sole ground that it is for the interest OF
the public that they be allowed to do
30; this phrase recurring repeatedly in
the statutes authorizing boards OF alder
men in the cities and the seleotmen OF
towns, to grant, refuse, extend and re-
woke locations. In theory, therefore,
the granting Of location is an accom-
mediation to the public, and not privi-
lege or gift to the railway company; the
franchise being granted solely for the
convenience Of all the citizens ss a
method Of sffording cheap and conven-
lent transportation over public ways.
Upon this theory 1T is found that the
right Of thus using the streets is profit
able beyond moderate return upon the
capital actually invested, it is just to re-
ouire that the fares be reduced or the
service improved. If this remedy were
proved in practice to be easy OF applics-
ton, it would prove the best solution OF
vexed problem. But this has not been
found to be the case, and, in conse-
quence, contrary to the theory OF our
existing law, these grants have often
proved of great pecuniary value to the
companies receiving them. This has
led to general demand that direct re-
turn should be made to the treasury OF
the municipality, either by fixed rental
or tax, by toll upon the cars using the
streets, or by a percentage OF receipts or
profits. This can be justified only upon
a different theory, namely, that valu-
able right is granted to the company,
and therefore is taken away from the
public. If such a direct return is ex-
acted, it seems just on the other hand,
that the company, under proper agree
ment, should, for limited period, have
the assurance that it's franchises should
not be revoked through caprice, unres-
sonable hostility or the offer Of q higher
bid from would-be competitors. 1t is
possible that in some municipalities one
Of these conflicting theories might be
more acceptable, whereas in others the
public convenience might be better
served by adoption OF the other Under
existing legislation there is no authority
toimpose any tax whatever. 1 recommend
that this authority be granted.
"The original theory Of the street rail
ways doubtless contemplated the grant
ing Of locations In the streets Of single
town, or at most in the streets Of two
adjacent towns But the improvements
in electrical appliances have led to the
formation Of companies for operating
lines of considerable length, passing
through the territory Of several towns,
In these cases, and perhaps in all cases,
it is a question whether there should not
be the right of appeal from the local
municipal board upon questions Of pub
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