The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-21
WHAT GUARANTY
Mr.. Gray Suggests Pos.
sibIe Dangers in Pro-
posed Car Franchise.

MI II. l. ITdy, attorney AoI tilS
Raleigh Electric Company, when
shown the ordinance prepared by the
committee, and to be submitted to
the Board Of Aldermen on Wednes-
day night, granting a franchise to
the Raleigh and Durham Passenger
and Power Company said:
Everybody is in favor of the pro-
ject of an electric railroad from Raj
eigh to Durham and no one taVors 1t
more heartily than myself and others
connected with the Raleigh Electric
Company, provided there is guaran-
ty that itshalI be built and that the
franchise granted to it shall not have
the effect of injuring the Raleigh
Electric Company by interference
with it's patronage and plans. l can
hardly believe that the aldermen
would grant, or the people Of Raleigh
would approve, q franchise to build
another railway in Raleigh unless
induced to do SO by the certainty OF
getting the inter-urban connection
with Durham. The Raleigh Electric
Company, while not as complete a.
system as it should be. is nevertheless
furnishing good service to large
part Of the city and has been lately
perfecting plans for extensions OF its
lines to other parts of the city-plans
that were being considered before the
Raleigh and Durham Power Company
came with their request for a iran
chise. and it can hardly be expected
that the interests of the Raleigh Elec-
trio Company or their plans would be
interfered with except upon an as
srance that the inter-urban line
would be built
THE forfeiture provided for in the
proposed ordinance in case the cleo
trie road is not built to Durham from
Raleigh within five years amounts 10
no assurance or guaranty that sucn
road will be built and no certain
penalty to the promoters for their
failure to build it, for il they should
build in Raleigh as 1t is their pro-
fessed purpose to do and should not
build to Durham, they could easily
make it appear that they were pre-
vented from doing so By some 'un-
avoidable circumstances, or legal in
reference which, in time of need, can
be arranged for. In such case, if they
should have built a road in Raleigh,
the Board of Aldermen could scarcely
be expected to declare q forfeiture
and if they should attempt to do so
the courts, if appealed to, would
likely protect the company against
the destruction Of property rights.
Equity hates forfeitures and courts
uation would then be this: There
would be two street railways in Raj
eigh dividing the slim patronage OF
the town and each operating al a
loss, admitted and certain. The in
vestment which our own citizens have
made in the effort to give reasonably
good and fairly adequate" service in
Raleigh, which investment has, so far,
resulted in no profit to the owners
will be jeopardized and perhaps de-
stroyed in the Kilkenny cat fight
that is likely to ensue. For SUCH
jeopardy or destruction Of their prop
erty they would have to thank the
Board Of Aldermen of their own city
to which they contribute and have
for years contributed very large
part of the taxes collected by the
city of Raleigh.
Moreover, by their granting q
franchise to a competing company
which contains no garanty that the
Durham connection will be built. but
will constitute q five year menace TO
the Raleigh Electric Company of a
competing road in this city, the i'm
provements and extensions which the
present system has been arranging
for may be postponed or rendered
uncertain inasmuch as, if 1t shall fear
that its property may be destroyed by
competition. 1t will not care to build
more to be so destroyed and win
husband its resources for the fight
that will be inevitable. 1t seems 20
me, therefore, that 1t will be we'll for
the Board of Aldermen to get a
"cinch" upon the Durham connection
by requiring a guaranty better than
a proposed forfeiture Of the franchise
before it passes an ordinance that
may result in nothing but injury to
the owners Of the present system and
possible postponement of the i'm
provements and extension which the
latter propose TO make. The ordin-
ance would be more effective and do
less injury if, for the 18th section,
there should be substituted something
like the following: This ordinance
shall take effect when and so soon as
the said Raleigh and Durham Pas
senger and Power Company shall
construct it's road from the city OF
Durham to the corporate limits of the
city of Raleigh and shall not be re-
pealed within five years from date nor
thereafter. within sixty years from
date. If said road shall be built within
the time prescribed"