Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1901-06-06
Highway Robbery.

l. nder the former CONSTITUTION Oh Tue
State, when corporations were chartered
by special act of Assembly, it was the
custom Of Spectators at every session to
secure a variety of charters for all
imaginable purposes. which they kept
on hand and peddled ont to any com
pauy that nigh. be in need of special
privileges. Innumerable passenger
railway companies were chartered IN
this way, with no other purpose than to
pre-empt as many streets as possible and
hold them againts the future formation
of bona fide company that actually
proposed to lay tracks. The new COM
pany would then have to buy the fian-
chise of the spectators.
Oue of the important purposes of the
/ Constitutional Convention was to put an
end to this kind of trading. The dis
tinct intent of the present Constitution
il not only that the incorporation OF
| railway and other companies shall be
regulated by general law, but that
there shall be no such speculative pre-
emption of public franchises as was
formerly permitted. All existing
charters under which business had not
already been commenced in good faith
were declared void.
The new railway bills now in course
of rapid transit through the Legislature
return to the worst features of the old
system and antagoniZe the whole spirit
and purpose of the Constitution. They
provide, in effect, that any persons may
form company and secure charter to
bnild RAILWAYS on, over or under any
specified streets, with the consent OF the
local authorities; but they shall have
two years to obtain that consent, two
wears more to begin operations, and tye
! wears after that 70 complete the work,
and meanwhiie-fo nine years at least
they will hold an exclusive monopoly.
This vicious provision is significant
of the speculative purpose OF these Dliis-
Their Introduction has been ingeniously
managed to have the appearance OF pro-
noting competition in railway service
: : while in fact they would exclude 1T.
The first corners would simply stake off
any unoccupied claim and hold it for
| future trade. much as the special chart
ers used to be traded in under the old
Constitution. 1t is not necessary that
they should put up any security OF
make any more than a pretense or De-
ginning business. The streets would
belong to them. with the consent OF the
Councils, and any one who wished to
build railway must deal with them.
II is fruitless to urge that this is IN
violation Of the purpose of the Constltu-
ton. The recent spirit of interpreta-
| tion leaves Constitutional restrictions IN
effective. 1t is highway robbery OF a
fiagrant kind. taking the public high
ways and public privileges for private
use, without compensation and without
responsibility The constitutional re-
/ ouirement of the consent of the local
authorities cannot be evaded, but that
affords little security, and the local au-
thorities are not authorized or directed
to exact any payment. to impose any
conditions or to retain the power to re-
woke misused grant.
The speculative purpose of these bill
is further indicated by the entirely new
right which is granted to companies in
corporated under either of them.
'sTo sell or lease their road and fran
chises or parts thereof to other passen-
ger railway companies. or to acquire the
roads, property and franchises of other
passenger railway companies by lease or
purchase
This is a power which the present
street railway companies do not possess
but which might be Of great use to
them. They could not get it for them
selves; they may be willing TO acquire
it from others.
Moreover, the Focht bill expressly
conveys to corporations organized under
it the right Of eminent domain, without
the restrictions that limit its exercise by
the steam railroads. They are empow-
cred also to occupy any turnpike, so
that company acquiring this franchise
could operate continuous line. partly
elevated and partly underground, with
surface rights" They are authorized
to issue bonds to the amount of the
capital stock authorized" NOT paid IN
so that there need be no cash outlay
in stock, n right never before granted in
such legislation.
There are particular provisions in one
or the other of these bills which indi-
Gates a particular purpose as in the
clause which evidently refers to Broad
street; but the essential viciousness OF
the composite plot is not in such details
The scheme creates a new kind OF cor
poration, with new and enlarged
powers 1t purposes to convey. for the
mere f.sking, to "a combination OF men
as yet unnamed franchises of incalcu-
liable value and powers that ought never
to be put in private hands, and author
izss them to trade upon these franchises
for their own profit, and in no way for
the profit Of the public.
No more dangerous. more Infamous
legislation than this has ever been pro
posed in Pennsylvania. Ir is conceived
in secrecy and is to be consummated in
deceit, under the whip and spur of a
corrupt combination, 20 rob the people
OF rights that belong to them, and that
their representatives cannot ALLEVIATE
from their control without BETRAYAL OF
their trust
Whatever fit legislation is required in
this State to facilitate legitimate enter
prise and promote the public conyen-
ience ought to be fully provided. 1t
need not be done in the dark. The
secrecy attending these bills and the
indecent haste with which they are
urged would condemn them were their
faults far less glaring than they are.
They are not TO be opposed because
they would promote railway building.
Their immediate effect is more likely TO
be obstructive 10 the competition that is
desired, and their ultimate effect to
create monopoly. They are to be op-
posed because they are fundamentally
vicious. surrenderipQ into the hands of
speculators without payment, without