The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-23
OpOSITION IS AROUSED.
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| OF the act, said that the right of emil
nent domain might be exercised for
public purposes and the Suburban rail-
road was Incorporated for public pur-
poses, but not for a furtherance OF any
| purpose that was not public. The Gen.
eral Assembly could not grant the right
OF eminent domain TO any corporation
| for private purposes
Senator Freeman, OF the committee,
stated that such right had been grant,
ed TO George II. Norman. of Newport,
for his private waterworks.
ONLY FOR PUBLIC PURPOSES.
Mr.. Angel reiterated that the right
OF eminent domain could only be grant
ed for public purposes. otherwise such
a grant would be UNCONSTITUTIONAL, and
he claimed that railroad carrying
passengers was engaged in public pur-
poses and could. II granted the right
OF eminent domain, condemn land in
any part OF the state TO which the grant
may refer. He stated that the act
would confer no right TO condemn a
public highway.
In answer to City Solicitor ColwelI.
Mr.. Angel admitted that II the bill
became a law the corporation would
have right to condemn any land in
the centre OF the city of Providence
If IL so desired even TO going right
through the Banigan building. with
out any action on the part Of the city
council.
Mr.. Angel said that the corporation
which he represented would proceed
strictly under the legal course OF pro-
cedure, and would certainly not go
around and grab property simply for
the sake OF having a right to pay for II.
It would only take such property as
was absolutely necessary, as lknder its
corporate purposes 1t had a right to
build in the highways and elsewhere.
The Suburban road, said Mr. Angel.
desired this power primarily 10 make
connecting links where " cannot oper-
ate on the highways. owing TO long de-
tours and other causes. He also said
that the corporation he represented had
right TO parallel steam roads.
Charles T. German said he objected
to the bill because IL was in the nature
of special legislation. and he suggested
that IL should be made general law
for Interpretations. to which sugges-
tion Mr.. Angel said he had no objcc-
ton whatever.
In answer TO Chairman Blodgett. Mr..
Angel said that 1t meant practically
change OF the corporation from street
railway 10 combination railway. al
though It desired 10 remain street
railway as much as possible. and to
take private land only when IL becomes
imperative to do so. He said that 1t
was no new thing for the General As
sembly TO grant the power OF eminent
domain to street railway companies, as
the Pawtucket Cable company. the
Block Island Electric company and
the Fall River and Stone Bridge Elec-
trio Railway company had all received
such power.
A POINTED QUESTION.
City Solicitor Colwell wanted to know,
If the act passed, whether the corpora
tion would not have the right to lay
out highways in any part of the city
for purpose OF running its cars, IL ii so
desired, without the consent or the city
council. and Mr.. Angel replied that 1t
would but they would not be highways,
but simply locations for the railroad
He did not believe. however that there
was any danger OF road being run
across Exchange Place and through
Butler Exchange, as some OF the gen.
tlemen seemed to fear. and he was WILL
ing the act should be made clear on this
point. He believed that the act would
grant fun power 10 cross any highway
in the city, IL not to run laterally upon
ii.
Mr.. Angel urged that the act should
be passed in order that the corporation
should not be compelled TO come to the
General Assembly every time II needed
TO build connecting link.
Senator Studley. of the committee,
wanted to know why the corporation
should not come from time to time like
other corporatons and Mr.. Angel re-
piled that the circumstances were alto
qether different. and the corporation
might have TO wait for months before
II could make any additions.
MIR. BUcKLAND SPEAKS.
Attorney Buckland then spoke in be
half of the New York. New Haven and
Hartford Railroad company. and he az
fer saving that railroad company par
took OF many of the attributes of a
public corporation. spoke OF the man
ner i'm which right OF eminent domain
is conferred and exercised. He said
that I'm several OF the towns the corpor-
alton had Inadequate facilities for ham
ding freight. and the right OF eminent
domain WAS desired i'm order TO acquire
tho land necessary for more slde-tracks.
freight houses. freight yards and other
necessities. and also to construct turn
tables and machine shops. AZ present
the corporation has no right 10 rake
land by eminent domain for such pur-
poses.
He claimed that the corporation
o,Iuht NOT 10 be placed in a position
whereby any person who has land Dor
dering on the railroad property shall
hold THIS property at an eNorptant
price and thereby delay II not prevent,
needed and necessary improvement.Mr.
auckland admitted. i'm answer TO
question that under the act the cor
poration he represented could take inc
entire water front. "if." he said. III
Was foolish enough 10 do sol
C,ty Solicitor Colwell said that Il was
absolutely necessary that these acts
should have the fullest discussion III