The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-08
Won Their First Point in the Big
Street Railway Fight, in En-
gagement Fought Out Before
Railroad Commissioners
UPTON STREET RAILWAYS
PLAN NOT APPROVED
Company Asked a Right to Build
and Operate a Line Over Sec
ton of Private Land Near
Brook Street but State 0ffiC-
iaIS Did Not See Fit to Act


Boston, Oct. 7.-On the petition of the
Upton Street Railway Company, the
hearing given before the railroad COM
missioners, in their office, today, for
a right to build and operate a street
railway line over a section of private
land near Brook StreetSone of the most
interesting chapters in the street rail-
way history of Massachusetts was en-
acted Special rates were offered people
of Upton over the Boston & Albany
Railroad and some 80 Upton people,
with others, were present. when the ses-
sion opened. There was, however tax
ing into consideration the fact that the
opponents asked for $50 railroad tick
cts, only small attendance, and in
reality but little interest.
The opponents of the famous Upton
loop street railway won their first con-
test, however, in the big fight, the
railroad commissioners refusing to APP
prove the prayer of the companys petit
tfon on the ground that they considered
that an approval of the location meant
an approval of the whole scheme of the
Grafton 6. Upton Railroad Company
and the use of that road by the Upton
Street Railway Company's cars Chair
man Jackson of the commission de-
clared this was something which was
not within the power of the board to
do. The statute, he said, under which
action on the company's petition was
determined gave them no power in the
premises, they having found that the
purpose of the company in seeking the
railroad commissioners approval, was
one over which they had no control.
Thomas J. Gargan represented a COM
mittee of Upton citizens who were OPP
posed to approval by the railroad COM
missioners of the petition before the
| board, Jesse A. Taft of Milford, at
| torney of the Upton Street Railway
! Company, represented the petitioners.
The session opened at II. 80 and lasted
Al minutes.
George H. Stoddard of Upton was the
only one outside the attorneys who had
anything to offer in the nature of ar
gument. He spoke of the desire of the
people of Upton for a line over the
main highway from Grafton through
! Upton, West Upton and Hopedale to
Milford, and declared that what he said
represented the notions of 80 per cent
| of Upton's population. He rehearsed
the story of Upton's street railway
history, laying the blame for the big
drawbacks to the town of Hopedale,
where the people, he said, had run
against a snag. The loop, he said, was
being thrust upon the people and they
did not want it.
Mr.. Gargan then declared it to be a
waste of time to bother with considera-
ton of popular opinions. He maintained
that the matter was one which did not,
under the present circumstance come
within the province of the railroad
| commissioners to handle and decide
upon. He declared that If the petition
of the Upton Street Railway Company
was approved, it would thus be made
| legally possible for the Boston G. AL
bany and all big roads to equip their
roads with electricity and run their
cars through the streets of Boston. He
! felt that the board had no authority
in the matter, and did not feel that it
was necessary to go into Upton's local
| fight over popular demands.
Mr. Taft stated that the purpose of
his clients in filing their petition was
to secure the approval which would en-
able them to make the necessary con-
nection over this private land with the
/ steam road. He stated quite fully to
the board the intentions of the COM
pany, and while Chairman Jackson
made no criticism of the enterprise
shown, he ruled plainly on the points
which resulted in today's announce
ment. Chairman Jackson was very
careful not to make any statement that
might be regarded as a disapproval of
the plan. The failing to approve to-
day is merely temporary. Legislation
on the matter may bring it properly
/ before the railroad commissioners.
| Mr. Jackson declared that the Upton
| Street Railway Company was blame
! less in the matter. 1t was the railroad
| commissioners, he said, who had re-
fused them the privilege to go ahead
and build the line. He explained fully
the attitude of the board on the matter
of railroad law and gave it as his opin-
/ ion that the railroad commissioners
had no legal authority to sanction the
combination use of steam and trolley
| lines on the same rails