The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-12-27

ton, under the laws of this state, are
that it is created mainly for the public
benefit, and only incidentally for its
own profit intruSted with the public
right of eminent domain for the pur-
pose of taking land, at least outside Of
the common highways, and of laying
iron rails and preparing the soil to
support them; authorized and directed
to carry passengers for fares in its own
cars over its own rails; punishable for
transgression of the rules prescribed
for the public safety and convenience,
and protected from interference with
its rights, by indictment in behalf of
the public; obliged to transport the
cars and passengers of other similar
corporations on terms fixed by COM
missioners appointed by this court;
having a franchise which cannot be
alienated, absolutely or in mortgage,
without permission of the legislature;
required to make annual returns show
ing it's pecuniary condition and the
mode in which IT has discharged its
public duties; and bound to surrender
its charter and property to the public
upon being paid a sum sufficient to re-
imburse it's expenditures, and reason
able interest or profit. A horse rail-
road company" or, as it is more fire.
quently and more appropriately called
in the recent statutes, street railway
corporation" has all these attributes:
and is not the less railroad corpo-
ration" less public in its character, or
more fit to have it's franchise and prop
erty transferred to assignees under
proceedings in insolvency because Gas
| its very names IMPLY it more gener-
ally uses horses instead of steam power,
to draw its cars; and lays its rails over
land already devoted to the public use
for a street or highway, and is there
| foremade by statute peculiarly SUBJECT
| in the location and use Of its tracks to
| the regulations of the municipal au-
| thorities"
II remains to consider whether the
grant of authority to the city of Wor-
! cester to purchase the franchise,
! nroperty. rights and furniture of the
Worcester Horse Railroad Company
contained in section IL of its charter,
! chapter 14S, laws of 1861, has followed
the franchise through all the mutations
of title since the organization OF the
4 original company, and attaches to the
franchise, rights and property now nelo
by the Worcester Consolidated Street
Railroad Company
1 This reservation or
GRANT OF AUTHORITY
] was in the broadcast possible terms.
The Worcester Horse Railroad Com
pany, under it's charter, had no author
ity to SELL mortgage or dispose in any
way of it's property. The corporation
could. therefore, have no assigns, nor
could it have any successors, except by
legislative authority.
The first difficulty arises In constru-
ing the provisions of chapter 14l Of the
laws of 1857 Incorporating the Wor-
cester Street Railway Company. by
express terms Of the statute, the new
company had authority to purchase
| and succeed to the franchise" ETC., OF
the old company, subject to all tht
duties, liabilities and restrictions SCI
forth in the act of incorporation of the
worcester Horse. Railroad Company"
Duty has been defined to be lega
obligation to do thing. Liability is thu
state of one who is bound in law anC
Justice to do something which may b'
enforced by action. Restriction is {
limitation upon free, absolute use o.
ownership,
Do either of these three words express
the obligation imposed upon the orig
inal corporation by section IL of chap
141 of the statutes of 1861? l am OF thu